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Home My WebLink AboutResolution 6767Doc No A10463654 Certified, filed and/or recorded on Jun 23, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1565073M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Existing Certs 856917 Doc No T06454568 Certified, filed and/or recorded on Jun 23, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1565060M Certified Copy of any document $10.00 Document Recording Fee $46.00 Document Total $56.00 STATE OF MINNESOTA, rr,), Ji=;TY OF HENNEPIN �RCF Certified to be a `::a a -,d oo,,cci copy of the original On ° e end of retard in my office :=- L 3 2017 �� °•........"• M rtir i Ur of 7 ides This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6767 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279; 78-1605 & 78-1680 FILE NO. 17-3937 WHEREAS, on April 19, 2017, John Brooks, (the "Applicant"), applied for variances from the City Code for the property addressed 905 Ferndale Road West and legally described as: Lots 107, 108, and 109, Auditor's Subdivision No. 184, and Lot 13, North Shore Cottage Acres, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a 4 -foot by 8 -foot concrete pad to support a gas generator (the "Generator") 26 feet from the ordinary high water level where a 75 -foot setback is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1605 to allow construction of a Generator within 30 feet of a wetland where a 35 -foot setback is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow construction of a Generator resulting in 32 square feet of hardcover where no hardcover is permitted; and WHEREAS, on May 15, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on May 15, 2017, the Planning Commission recommended approval of the variances; and WHEREAS, on June 12, 2017 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. S 7 b 7: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3937.The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1A One Family Lakeshore Residential Zoning District. 3. The Property contains 2.7 acres in area. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Lake Setback Variance. b. Wetland Setback Variance. c. Hardcover Variance. 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The variances requested are consistent with the general intent of the Ordinance. The requested lake setback and wetland setback variances are in harmony with the Ordinance as the lake views enjoyed by the adjacent neighbors will not be impacted by the Generator. The wetland setback, lake setback, and hardcover variances are reasonable and necessary as the logical location for the improvement is adjacent to and existing City utility improvement accessed off of the secondary driveway. Shifting the Generator away from the lake and the wetland, uphill, is difficult and adds the visual impact. 2. "Variances shall only be permitted .. . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for the Generator to serve the residence in a residential zone are consistent with the Comprehensive Plan. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of a Generator within the lake setback and possibly within the wetland setback appears to be reasonable as the adjacent properties will not be adversely impacted; the uniqueness of the shape and orientation of the Property create separation from the adjacent neighbors; the proposed Generator will be located near an existing public utility improvement. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape of the Property was not the result of actions by the landowner. The Generator will not result in diminished lake views enjoyed by neighboring properties. c. The variance, if granted, will not alter the essential character of the locality. " The lake setback, hardcover, and wetland setback variances will not alter the character of the neighborhood; there is an existing utility improvement on the Property situated at a similar setback and location. It does not appear that the requested variance to permit the Generator within the lake setback will adversely impact views of the lake currently enjoyed by the adjacent property owners. The lake setback and hardcover variances are reasonable and necessary as the most logical location for the Generator is adjacent to the existing secondary driveway near the existing City utility improvements. The topography of the Property creates difficulties in moving the improvement to meet the 75 -foot setback. The hardcover for the Property is below 25% and the new hardcover is mitigated by the excess greenspace on the Property. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6767 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a generator to support a residential use is an allowed use in the LR -1A District. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The unique shape and orientation of the Property is not common in the surrounding neighborhood. The topography and the island - like nature of the Property creates increased difficulties which drive the location of the Generator toward the lake. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The unique shape and peninsula qualities of the Property are not common in the surrounding neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the requested variances will provide relief to the Applicant regarding the lot shape, topography, and wetland on the Property. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The shape and orientation of the Property; the topography and wetland create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. CONCLUSIONS. ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a 4 - foot by 8 -foot concrete pad to support a Generator, 26 feet from the ordinary high water level where a 75 -foot setback is required; and a variance to Orono Municipal Zoning Code Section 78- 1605 to allow construction of a Generator within 30 feet of a wetland where a 35 -foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-1680 to allow construction 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 67 67 of a Generator resulting in 32 square feet of hardcover where no hardcover is permitted; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated March 16, 2017 by Gronberg and Associates and plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A footing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (June 12, 2018). 5. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 12th day of June 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor — r A7 67 17 / ///� / \ �,// Resol No. / / / / / ` Exhibit Al #17-3937 it / / // // � � • 1 ((! 111 >Z� I (1 1 1 1 I l lfl " ! = a j y// � ni > LLI _ � h rf � l l l l 11 / / fL p •• rF f 1 1 1 ,_qj, l / I 11111 J / N �/ i m �j rl'1{11 1 �1 � l ' � , e1 LLJ Woi W v \11111\ >V zee 1• 1111 /////// / 1 P: / 1 111\\ a V) Ill a I 1 \ W nN � Ill 11111/ 65) 0 co F5 ul iw 0 1O •! o\ \ -r i 04 z T�Am vim.ip so ze 0-) \55 i \ die r � o z rf s tg7. ,� t tz ;.� v; 40 4 ion fay I' vdlJ jzl- CNANNEL 1 6767 Resolution No. i` Exhibit A2 #17-3937 Generator Location Wfillr QOMOy X i € ;� 1 g , q CZOM its, 1 1 1 y a lift II g, KX�C Z0OK 1 " I VI `Y q 1 �ox� 0 fit! 1r' t die r � o z rf s tg7. ,� t tz ;.� v; 40 4 ion fay I' vdlJ jzl- CNANNEL 1 6767 Resolution No. i` Exhibit A2 #17-3937 Generator Location tit; QOMOy , q CZOM !--� 51 0 .'� � ` y a KX�C Z0OK 1 " i VI q 1 �ox� 36, 45 & 60 kW Drawing #OK8636-A (1 of 2) 6767, Resol. No. Exhibit B #17-3937 RECEIVED U 11 a APR 1 q 2017 3937 ORONO 67.67 GENERAU MMMM 369 45 & 60 kW Installation layout $ Drawing #OK8636-A (2 of 2) to 8 RECEIVED APR 19 2017 CITY OF ORONO GENERAC Getterac Power Systems, Inc. - S45 WP29290 HWY. 59, Waukesha, W153189 - generac.com 02015 Genese Pow SysWns, Inc. AN ruts reserved. AN specifics im are subject to change wMW notice. 3937 BWledn OL003756Y A Printed In UA 02/27/15