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HomeMy WebLinkAboutResolution 6775Existing Certs 1445680 Doc No T05459638 Certified, filed and/or recorded on Jul 10, 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 126 Pkg ID 1573816M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6775 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1; 78-330; 78-1279; and 78-1700 FILE NO. 17-3940 WHEREAS, on April 19, 2017, Jason Peterson and Anelise Peterson, husband and wife (hereinafter the "Applicants"), applied for variances from the City Code for the property addressed 4105 Highwood Road and legally described as: Lot 16, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1, Building Height and 78-330 to allow a new home or addition to be connected to the existing detached garage resulting in a defined height of 32 feet where 30 feet in defined height is the maximum permitted; and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 for lot area, lot width, and side yard setback of 5 feet where a 10 foot setback is required for the new home addition and three tiered decks on the Property which is substandard in area and width; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to permit the new home addition and three tiered decks to encroach as much as 15 feet lakeward of the average lakeshore setback line, according to the survey dated June 21, 2017; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to permit 28% hardcover where 25% is the maximum permitted, which is less than the existing 34% hardcover on the property; 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6775 WHEREAS, on June 12, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff and directed preparation of findings for approval of the variance.; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested revised variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3940. 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 -1 B One Family Lakeshore Residential Zoning District. 3. The Property contains 8,377 square feet or 0.19 acres in area and has a defined lot width of 51 feet at the ordinary high water level and 48' at the 75 foot setback. 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: a. Defined Height Variance. b. Lot Area and Lot Width Variances. c. Side Setback Variances. d. Average Lakeshore Setback Variances. e. Hardcover Variances. 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance...." The proposed new home is residential in nature. Due to the separation distance between the adjacent homes, there is adequate space for light, CITY OF ORONO RESOLUTION OF THECITY COUNCIL NO. 67 " / 5 air and open space between the addition and the neighboring homes. The lake setback of the proposed home is an improvement over the existing. The variances are in harmony with the Ordinance. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The lot width, lot area, and setback variances allowing construction of a single family residence in a residential zone are consistent with the Comprehensive Plan as well as the character of the neighborhood. The variance to permit 28% hardcover which is a reduction from the existing site conditions is consistent with the comprehensive plan's lake protection philosophy. 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 new home with a tiered deck, on a substandard lot within the 10 foot side setback and average lakeshore setback appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property -from adjacent neighbors. The height of the new portion of the home will be lower than the existing garage to which it is being connected. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The height of the existing garage, the slope, the shape and size of the Property were not the result of actions by the Applicants. The nearest structures on the neighboring properties are offset and set back sufficiently to allow for light, air, and open space between each of the homes. c. The variance, if granted, will not alter the essential character of the locality." The setbacks or defined height of the proposed new home will not alter the character of the neighborhood. The setback of the proposed home and tiered decks within the 10 -foot side setback is consistent with the small setback nature of the neighborhood. The proposed open post construction of the tiered decks will permit drainage to be maintained. Stormwater drainage in this neighborhood is challenging. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 67 75 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. 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 the use for a residence is an allowed use in the LR -1 B 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 topography, lot area, lot width, and the garage's proximity and orientation to the property line are special conditions unique to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The topography, which drops off steadily as you move toward the lake, the lot width narrowing from the lake toward the road, as well as the nonconforming location of the garage on the lot make the Property unique. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Options for a conforming connection to the existing garage are severely limited on the Property. The defined height variance, lot width, lot area, hardcover, and setback variances for the house are necessary to preserve the rights of the applicants. 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 for the home 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 lot width; the location, height, and size of the existing garage to be connected to; as well as site topography, create practical CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6775 difficulties affecting the Property. The setback and defined height variances for the home are necessary and will not merely serve as a convenience to the Applicants. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants the following: • Variances to Orono Municipal Zoning Code Sections 78-1, Building Height and 78-330 to allow a new home or addition to be connected to the existing detached garage resulting in a defined height of 32 feet where 30 feet in defined height is the maximum permitted; • Variances to Orono Municipal Zoning Code Section 78-330 for lot area, lot width, and side yard setback of 5 feet where a 10 foot setback is required for the new home addition and three tiered decks on the Property which is substandard in area and width; • A variance to Orono Municipal Zoning Code Section 78-1279 to permit the new home addition and three tiered decks to encroach as much as 15 feet lakeward of the average lakeshore setback line, according to the survey dated June 21, 2017; and • A variance to Orono Municipal Zoning Code Section 78-1700 to permit 28% hardcover where 25% is the maximum permitted, which is less than the existing 34% hardcover on the property to allow redevelopment of the Property; 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 06/21/17 by Travis Van Neste and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. a. The egress well shall be removed from the plans and the setback of 5.2 feet along the west property line, including the fireplace chase, shall be maintained. 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 Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (June 26, 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6775 ADOPTED by the Orono City Council on this 26th day of June, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor CERTIFICATE OF SURVEY T LEGAL DESCRIPTION: 75 LOT 16, HIGHWOOD LAKE / p�G MINNETONKA, HENNEPIN COUNTY, PREPARED FOR: Res NO MINNESOTA / p, 4 / JASON PETERSON Exhibit A / ��� Q� 0 #17-3940 SET SURVEY RML \ ,�' 1� W/WASHER a \ -4 / POWER POLE / pkq 2- 1 I ce ,E \ t a © COMMUNICATIONS ape PEDESTAL scow.. In Fest SANITARY SEWER 1101 /� i f t o i9 0 20 MANHOLE PROPOSED / OVERHEAD UTILITY UNE DRNEE AWN / �'a �h -9 z EXISTING \ 6: i CONCRETE SURFACE 3' GARAGE TON r. b \ 0 REMAIN 9' \o0 GFE-964.3 rn O 958 (ra�R) i / 1 BITUMINOUS SURFACE 69 \' *SL eB � 1\ _ EXISTING CONTOUR E #4109 3'2 E°� 0 \op \ 9}4 (TO REMAIN) EXISTING CONTOUR W• oRPROPSE (TO BE CHANGED) =1 N00 05 p� \ PROPOSED CONTOUR as M¢s PROPOSED SILT FENCE no setback encroachment "' -'"6'6 p' \ approved for egress well or 3 fireplace chase ` wow \� JN` �a Al+Sed, aEM (T 5� D DECK �9 / FP 01 \ / oEGw a p06 p NOTES ��9ae a°Gp°�/L / / ail Nl2 al : 1) THIS SURVEY WAS PERFORMED WITHOUT THE }6, BENEFIT OF A TITLE INSURANCE COMMITMENT. / / � 2) P.I.D.: 07-117-23-44-0014 3) PARCEL AREA: 8,377 SQUARE FEET (ABOVE ORDINARY HIGH WATER LINE OF LAKE MINNETONKA) 2" WE i / r -932— — N�1•p9 `\ / 00 4) BEARING BASIS IS ASSUMED. /',�y�NE S} O 5) DATE OF FIELDWORK: 4-18-2017 6) ELEVATION DATUM: NAVD 88, BY GPS OBSERVATION g 7) DRAINTILE TO BE INSTALLED ALONG EAST AND WEST SIDES OF FOUNDATION -OUTLET TO PROPOSED PAN CERTIFICATION HARDCOVER CALCULATIONS: <1 I hereby certify that this survey, plan, or report PROPOSED DRIVEWAY 437 SQ. FT. P was prepared by me or under my direct EXISTING GARAGE 618 SQ. FT. supervision and that I am a duly Licensed Land PROPOSED HOUSE 1076 SQ. FT. Surveyor under the laws of the state of WOOD DECK 169 SQ. FT. • Minnesota. BOARDWALK 167 SQ. FT. PUMPHOUSE 20 SQ. FT. SIGNED *DECK AND BOARDWALK BOTH PROPOSED WITH GAPPED BOARDS (PERVIOUS) TOTAL: 2,487 SQ. FT. -100 SQ. FT. (PERVIOUS) TOTAL 2,387 OR 28.5% Travis W. Van Nests, Minnesota Professional Surveyor #44109 Michigan Professional Surveyor /46695 JOB / 2017022 ISSUED: 4-18-2017 DRAWN BY: TWVN REV: 6-21-2017 SCALE: 1- 20 FEET VAN NESTE SURVEYING PROFESSIONAL SURVEYING SERVICES V 85 WILDHURST ROAD EXCELSIOR, MN 55331 NS PHONE (952) 686-3055 TOLL-FREE FAX (866) 473-0120 WWW.VANNESTESURVEYING.COM SHEET 1 OF 1 6 7 71, s fi `AkESHoQ't City of Orono Hardcover Calculation Worksheet Property Address: Prepared by: 4105 Highwood Rd Mound MN 55364 Date: 6-21-2017 rovie \/ten I�Iceto_ G inicvnr Stormwater Quality Overlay District Tier: (Circle one),/Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are within the 75' setback line and calculate hardcoversquare footage separately for each portion. Key to Hardcover Item (Describe) SurveyS Length x Width Total uare Feet (Example) (Garage) (24'x 30' 720 S.F. A 18 x 15 tapper 8 feet W 437 S. F. B Driveway retaining wall Not within 75 feet 30 S. F. C I Garage 9208 618 S. F. D 1x50 50 S. F. E 120 S. F. F Cement StooQ Rear of old house (Remove) 12x36 206.8 S. F. G Cement Stoop/walkway Stoop/walkwaywest side of old home 4x38.5 154 S. F. H 10x20.3 qni S. F. I 2x2 -b -10 40 S. F. J 24.5x38.6 970 S. F. K Retaining wall west side of propertV (Over 75 foot setbac 1x65 65 S. F. L 4. x37. 169 S. F. M New Home Foundation Add New 29x41 orners out jn76 S. F. N House Deck 5x22 +8s ft triangle bum 1R9 S. F. O Lock Box 4x5 90 S. F. P Side entrance Stoop 4.25A.25 18 S. F. Q S. F. R S. F. S S. F. T S. F. U S. F. V S. F. W S. F. X S. F. Y S. F. Z S. F. 1 Total Proposed Hardcover 2537 S. F. Excludable Hardcover See City Code Sec 78-1684): nr*vew;;y Rpta'n'nq wall (Over 75 feet from lake) 1x30 30 S. F. Walkwaj decking 1/4 a art first 100 s ft exclusion 3x32 100 S. F. Existing retaining west wall (Over 75 feet) 1x65 65 S. F. S. F. S. F. 2 Total Excludable Hardcover 195 S. F. 3 Net Proposed Hardcover Subtract line 2 from line 1 2342 S. F. 4 Total Lot Area S. F. Proposed Hardcover Percentage [ (3) _ (4) ] 28 Total Hardcover being removed: 1,748 Sqft Total Hardcover being removed within the existing 75 foot set back 1,502 Variance Application — January 2017 Page 12 F _.1.-.-.-._._.J.-._._._--.-1-- �t- pt rm AM & T �A m(P 6 7 7 b Res No Exhibit B #17-3940 8� (P z 0 A f� m m w D O z 6775 I,, 4# w E rn li 6775 Ip z 1> n 10 0 F JASON and ANELISEI I I =01 1 —`-1 notapproved W 4W - - 31W &W, ........ ......... ........ ...... . . . . ........ .. ......... ;7 ........ -------------- 6 77 v vv. 11 LY -4 -n Not approved :22:2: ................ ----------------------- 5 T --------------------------- ............. =W ........... ....... . ............. .... "\ ---------- ............. W tj is .............................................. ........................... . ..... . . ..... . .. ...... ............... 1-n xis 6. Ip z 1> n 10 0 F JASON and ANELISEI I I =01 1 —`-1