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Home My WebLink AboutResolution 6782Existing Certs 1074637 l II�L hm1Y rl�t.Mx,�/iN�. II IIIIIVIIIlullI� IIIAI� RI VIIIIII II Doc No T05474817 Certified, filed and/or recorded on Sep 5, 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 30 Pkg ID 1597763M 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. 6782 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-420 and 78-1279 FILE NO. 17-3950 WHEREAS, on June 21, 2017, Michael and Meredith Kuhlman (hereinafter the "Applicants"), applied for variances from the City Code for the property addressed 1760 Shoreline Drive and legally described as: Tract B. R.L.S. No. 617, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow development of the Property which has 100 feet in width at the ordinary high water level, and 120 feet in width at the 75 -foot setback where 200 feet is required; and WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence and in ground pool lakeward of the average lakeshore setback line; and WHEREAS, on July 17, 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 July 17, 2017, the Planning Commission recommended approval of the variances; and WHEREAS, on August 14, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 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: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3950. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6782 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. The Property contains 4.0 acres in area and has a defined lot width of 100 feet at the OWHL and 120 feet 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 variance[s]: a. Lot Width Variance b. Average Lakeshore Setback Variances 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The lot width variance requested is consistent with the general intent of the Ordinance. The requested average lakeshore setback variances are in harmony with the Ordinance as the most adjacent neighbor sits at a higher elevation and their lake views will not be impacted by the new home or pool. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 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 portions of the proposed home and pool lakeward of the average lakeshore setback appears to be reasonable as the views CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6782 of the lake enjoyed adjacent lakeshore property will not adversely impacted; the distance between the homes, mature vegetation and topography separate the proposed home from the adjacent neighbors. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub -standard size of the Property was not the result of actions by the landowner. The neighboring home to the east has lakeshore on two sides and is set back a distance from the lake which is greater than most of the surrounding homes resulting in the severe average lakeshore setback applied to the Property. c. The variance, if granted, will not alter the essential character of the locality. " The lot width variance will not alter the character of the neighborhood. It does not appear that the requested average lakeshore setback variances to permit the new home and swimming pool will adversely impact views of the lake currently enjoyed by the adjacent property owners. 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 and pool are permitted uses 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 conforming lot area, yet substandard lot width of the Property is not uncommon in the surrounding neighborhood. The extreme setback of the home on the adjacent property is not in character with the immediate neighborhood. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6782 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is unique because it has a non-lakeshore lot on the west and the home on the lakeshore lot directly to the east is set back further than the other immediately adjacent homes. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The majority of the Property is encumbered by the applied average lakeshore setback; to push the home further from the lake would nearly eliminate lake views. 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 size of the Property; the topography, wetland, and location of the adjacent home to the east 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 78-420 to allow development of the Property which has 100 feet in width at the ordinary high water level, and 120 feet in width at the 75 -foot setback where 200 feet is required; and variances to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence and in ground pool lakeward of the average lakeshore setback line, 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 07/17/17 and building plans submitted by the Applicants 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 Applicants, but are permissive only and must be exercised by obtaining a building permit for the new CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b 1 8 2 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 (August 14, 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 14th day of August, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: qk�Q Dennis Walsh, Mayor xni� - A a� E Resol. 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W10 PLAW! + i� SCALE: 1/8" = V-0" 1760 Shoreline Drive .41111.-11 Variance Drawings 20 June 2017 -AW, NOR -SON CUSTOM BUILDERS KUCH D E S I G N 00 i� SCALE: 1/8" = .n.U.L. .. ...... ---W ------- 4A40 1760 Shoreline Drive Variance Drawings 20 June 2017 NOR-SON CUSTOM BUILDERS eSKucHe D E S I G N N Co ti POOL 12'X30' a =____ __ OPTION COVERED PORCH ro"aa REAR STOOP FOYER _ COVERED ENTRY MAIN LEVEL FLOOR PLAN TYP. CEILING HEIGHT = 10'-4'h" APPROX. S.F. = 1 646 FIN. + 915 GARAGE a r .• a' r is n u• u• GRAPHIC 5(II F 1/4" = 1'-0" SCALE (24"x36" PAPER) DINING a -,1n O 1 au IH PC Exhibit D Sh #17-3950 Variance Drawings 20 June 2017 NOR -SON CUSTOM BUILDERS eSKUCHe D E S I G N L UPPER LEVEL FLOOR PLAN TYP. CEILING HEIGHT = 9'-1 X" APPROX. S.F. = 2.015 FIN. V r + 1. a 1rc 12• u• 11 GRAPHIC SCALE i IA" = i'.n" S[AI F 0A",W PAPFRI 1760 Shoreline Drive Variance Drawings 20 June 2017 44, NOR -SON CUSTOM BUILDERS eSKUCHe D E S I G N N OPTION TO FINISH LOWER LEVEL FLOOR PLAN TYP. CHUNG HEIGHT = 8'.71/," APPROX. S.F. = 1,133 FIN. + 434 A ECH/STORAGE r r �• r r it iz• u- W GRAPHIC SUI E 1760 Shoreline Drive Variance Drawings 20 June 2017 NOR -SON CUSTOM BUILDERS eSKCHe D E S I G N