HomeMy WebLinkAboutResolution 6788Doc No A10487340
Certified, filed and/or recorded on
Oct 3, 2017 9:02 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 130 Pkg ID 1605179E
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. 6 7 8 8
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. 17-3949
WHEREAS, on June 21, 2017, Kevin Kretsch ("Applicant'), submitted an application
and on July 19, 2017 the application was deemed complete for a variance from the City Code for the
property addressed 3155 Casco Circle and legally described as:
Lots 38 and 39, SPRING PARK, and all that part of adjacent Vacated Lake Shore
Avenue, and of the tract of land lying between said Vacated Lake Shore Avenue and
the shoreline of Lake Minnetonka, which lies between the southerly extension of the
west line of said Lot 39, and of the east line of said Lot 38.
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 78-1279 to allow retaining walls within the 75 -
foot setback; and
WHEREAS, on August 21, 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 August 21, 2017, the Planning Commission recommended
approval] of the variance; and
WHEREAS, on September 11, 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 variance 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 #17-3949. 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. 6783
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 -1C Zoning District.
3. The Property contains 0.69 acres in area and has a defined lot width of 130 feet at the
OHWL and 123 feet at the 75 feet.
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:
a. Lake yard setback variance for retaining walls
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 . . . ." Granting the lake setback variance to allow the
improvements to be constructed within 75 feet of the OHWL is for the purpose of
preserving and protecting the existing slope in the lake yard and will likely not alter the
essential character of the locality.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." Granting the requested variance to permit additional structure within
the 75 -foot setback resulting from the retaining walls is consistent with the priorities
outlined in the comprehensive plan to protect lakeshore. Screening of the walls from the
lake will be a mitigating condition of approval of the variances, which is supported by 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.
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. b788
The owner proposes to install Improvements which are residential in nature and
reasonable from a residential scope.
b. The plight of the landowneris due to circumstances unique to his property not created
by the landowner.
The owner has proposed a solution which will protect against failure of the slope.
The existing slope of the lake yard was not a result of actions by the owner; and
c. The variance, if granted, will not alter the essential character of the locality. "
The variance to permit structure within the 75 -foot setback will help to maintain
the existing slope and character of the locality.
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 retaining walls accessory to single
family dwelling are an allowed use in the LR -1C 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 slope of the property combined with the
pre-existing improvements is a unique condition to the subject property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The subject property's specific slope is beginning to erode and stairs have
become unsafe creating conditions which do not apply to adjacent properties.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting a lake setback variance to allow the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. b788
retaining walls within the 75 -foot lake setback is reasonable and necessary to preserve
the property rights of the owner and supported by the vulnerable lake yard slope 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 lake
yard setback variance allowing the retaining walls within the 75 -foot lake setback will not
adversely impact health, safety, comfort or morals, or in any way be contrary to the
ordinances.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The applicant has demonstrated practical
difficulties which support granting the lake yard setback variance to permit the construction
of the tiered retaining walls and in-kind replacement of the stairs within 75 feet of the
OHWL.
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 retaining walls
in the 75 feet lake yard setback, 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 September 5th, 2017 and
landscape 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 retaining walls
and commencing construction of said project. An inspection must be completed within
one year of the date of Council approval, or the variance will expire on that date September
11, 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. 6788
ADOPTED by the Orono City Council on this 11 day of September, 2017.
ATTEST:
Anna Carlson, City Clerk
CITY OF ORONO:
Dennis Walsh, Mayor
CERTIFICATE OF SURVEY FOR Resol No.
KEVIN KRETSCH Exhibit
OF LOTS 38 AND 39, SPRING PARK AND PART OF ADJACENT VACATED LAKE SHOR #17-3949
HENNEPIN COUNTY, MINNESOTA
LEGAL DESCRIPTION OF PREMSES
Lots 38 and 39, SPRING PARK, and all that part of
1.11odjocent Vacated Lake Shore Avenue, and of the
tract of land lying between said Vacated Lake Shore
T Avenue and the shoreline of Lake Minnetonka, which
SCO CIRCT oo � lies between the southerly extension of the west line
C A IN o l� 1 E A0 of said Lot 39, and of the east line of said Lot 38.
AL 7, Qp o : denotes iron marker set
• : denotes iron marker found
jlio
(lloe"3) : denotes existing spot elevation•
a•wvCEaOP mean sea level daturas
OT 64917 - "-- j 917 denotes existing contour line,
` mean sea level datum
+
1 I EXISTING -v-: denotes Proposed contour line.
I 1 mean sea level datum
1 + r 1 CARAGE
T 40 (c) Bearings shown ore based upon an assumed datum.
S-AOKTOP I ys This survey intends to show the boundaries of the
IS aj MVEWA7 I above described property, the location of three
Ift ( lo) 1 (J) existing buildings, underground easement, spot
1 ( { 1a >FOEelevations, topography and major trees on the
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"O lakeside of the house, and the adjacent houses
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