HomeMy WebLinkAbout#4660-denying/granting variances-2001 . . � . ' ' , �►�'_I 1 l�% �! A/L/� p�L
�-�
�-
/� O�
� 0
��, - CITY of ORONO
� �
'� RESOLUTION OF THE CITY COUNCIL
�L9kE Hp4�G NO. 4 G G O
�S�
A RESOLUTION DENYING VARIANCES
TO MUNICIPAL ZONING CODE SECTION 10.24, SUBD. 5(B)
AND GRANTING VARIANCES TO SECTION 10.03, SUBD. 9(A)
- FILE #01-2678
WHEREAS,the City of Orono is a municipal corporation organized and existing under the
laws of the State of Minnesota; and
WHEREAS,pursuant to State Statutes 412 et. seq. and 462 et. seq.the City Council of the
City of Orono has adopted zoning regulations for the protection of the public health, safety and
geiieral ��elfare; and
WHEREAS, Kristi Roesler (hereinafter "applicant") is owner of the properties legally
describe�as:
Lot 7, "SKARP AND LINQUIST'S FERNHILL LAKE MTKA"; and
Lots 17,36 and the north'/z of 37,"SKARP AND LINQUIST'S FERNHILL LAKE MTKA"
all in Hennepin County, Minnesota; and
WHEREAS,the applicant has applied to the City for variances to Municipal Zoning Code
Section 10.24, Subd. 5(B) to permit the construction of a principal dwelling structure on Lot 7,
"SKARP AND LINQUIST'S FERNHILL LAKE MTKA",which Lot contains 11,100 s.f.or 25.5%
of the required 43,560 s.f. lot area and 51 feet in width or 36.�% of the required lot width; and
WHEREAS, the City Council has reviewed the application; the recommendations of City
staff and Planning Commission; the comments submitted by the public; and the comments andior
written statements of the applicant and applicants attorney.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono
hereby denies the requested lot area and lot width variances for the property described above based
upon one or more of the following findings of fact concerning the property:
Page 1 of 7
.
s ' . . �
i
/�--�
//� O�
O O
��, - CITY of ORONO
� �
�,�� �G'� RESOLUTION OF THE4CIGTY�CO�UNCIL
�kES� NO.
�
1. As of January 1, 1975 the property has been zoned LR-1B, One-Family Lakeshore
Residential Zoning District, requiring a minimum of 1 acre in area and 140 feet minimum width.
B:�sed on the zoning district's required performance standards,the proposed use of the property as
a residential buildable lot would require the following variances:
a) Lot Area
Required= 1 acre or 43,560 s.f.
Existing= 0.255 acre or 11,100 s.f.
Variance = 0.745 acre or 32,460 s.f. (74.5%)
b) Lot Width
Required= 140'
Existing = 51'
Variance = 89' (63.5%)
2. Prior to 1975,the property was zoned R-1 C,effective since September 14, 1967,a residential
zone requiring a minimum of 1 acre in area and 140 feet minimum width.
3. Per the assessment policy of the 1970-1 sewer district, Lot 7 was assessed for 50' of front
footage at $7.80 per front foot, a total of$390, but was not charged the $225 Plant Charge
nor the$1270 unit charge,because the property did not contain a dwelling. The assessment
for front footage did not act to grant automatic buildability to Lot 7.
4. Lot 7 and the property at 1169 North Arm Drive (PINS #07-117-23 14 0060) have been
owned in common since 1971 or earlier. Lot 7 and the property at 1169 North Arm Drive
are not directly across Elmwood Avenue from each other but are offset by approximately
1�0'. In 1971,the then owner Gary Beito applied for lot area and width variances for Lot 7,
indicating in a written statement that "We purchased this lot for access to the lake knowing
the current codes did not permit building."The requested variances were subsequently denied
b}•the City Council, based on the fact that there were other vacant lots adjacent to it, which
could potentially be purchased and combined to make a more conforming lot.
5. The condition of the property and the zoning standards have not changed since the variance
denial in 1971 to make a finding of a new hardship.
Page 2 of 7
f
i�'�
i
_ //� O�
O O
��, � CITY of ORONO
� �
�� G'� ' RESOLUTION OF THE CITY COUNCIL
�k'ESH�4�' NO. 4 6 6 n
6. I 981, Beito again applied for a variance to lot area and width (Filz 7627) concurrently
with a similar application by the owner ofthe adjacent vacant Lot 6(Hans Weiler,File#628).
Weiler also owned the developed residential property directly across the road from Lot 6
(1135 North Arm Drive, PINS #07-117-23 14 0064). Beito and ��'eiler claimed that the
increase in taxes has forced them to apply for variances to make each lot buildable.
7. On July 20, 1981 the Orono Planning Commission voted 6-0 on a motion to recommend
denial of the variances for each individual lot, based on the lack of sufficient hardship and
the following findings:
a) The owners have received substantial benefit in the use of these lots for private
lakeshore access purposes.
b) A substantial property value remains in each lot since it can be sold for combination
with the other.
c) These individual lots are not unique or special since all nearb��buildina sites(except
Heit Lot 8) have been created by combination of 2 or more lots similar to these.
d) Neither lot has been assessed for sewer as a separate buildina site.
e) Granting of two adjacent 50'lakeshore lots in a 140'minimum district is contrary to
the intent of the zoning code. Combination into one 100'wide lot would at least meet
the minimum DNR Shoreland management regulations,the LR-1 C'/z acre district lot
width , and be similar to most nearby lakeshore lot widths.
8. On August 10, 1981 the City Council tabled the application at the applicants rzquest and no
further action occurred regarding the variance request.
9. In approximately 1991 Beito sold Lot 7 and 1169 North Arm Drive to Todd Van Den Einde.
In July 1998 the current applicant, Kristi Roesler, purchased Lot 7 and 1169 North Arm
Drive from Van Den Einde. During each transaction, City files containinQ the history of
variance denials were available to the property owners for review�. �
10. The current estimated market value for Lot 7 per Hennepin Count}� Ta�records for 2001 is
$50,000. The current estimated market value for adjacent Lot 6, ��hich is similar in status
to Lot 7 as a separately owned vacant lakeshore lot and similar in area and �tzdth to Lot 7,
is $50,000. By contrast,the current estimated market value for the land portion of adjacent
Lot 8 (which contains a residence structure and includes an additional 6,200 s.f. of non-
shoreline land because it is combined with Lot 19 across Elmwood A��enue) is $160,000.
Page 3 of 7
f
��-_
'�� ��
0 0
��, - CITY of ORONO
� � . ,
� G'� RESOLUTION OF THE CITY COUNCIL
`�kEs_H� No. 4 6 6 0
�
This comparison illustrates that Lot 7 has been valued for tax purposes at a rate significantly
less than its value would be as a buildable site.
11. In 2001,Roesler filed application#01-2678 requesting variances to lot area and lot width in
order to build a residence on Lot 7. The application further requested that in the event that
area/width variances were denied,applicant would request Council approval of a Special Lot
Combination to formalize and legalize the relationship between Lot 7 and 1169 North Arm
Drive, so that Lot 7 could continue to be used for private dock purposes accessory to 1169
North Arm Drive.
1?. On May 21,2001 the Orono Planning Commission held a public hearing on application#O 1-
2678 at which time the applicant, applicants attorney and the public were given the
opportunity to comment on the variance request. The Planning Commission subsequently
voted 4-0 to recommend denial of the lot area and width variances, and voted 4-0 to
recommend approval of the Special Lot Combination.
13. On May 29, 2001 the Orono City Council reviewed application#01-2678 and voted 4-1 on
a motion to deny the lot area and width variances and approve the Special Lot Combination
request, and directed the staff to draft a Resolution containing findings supporting that
motion, including the fact that 1169 North Arm Drive and Lot 7 are in common ownership
and can be combined via Special Lot Combination,thereby eliminating any hardship suffered
by the applicant.
14. The Council finds that granting the proposed lot area and width variances would be contrary
to the intent of the 2000-2020 Orono Community Management Plan(Comprehensive Plan),
specifically the following sections:
a) General Land Use Policies No. 6: "Protection of lake resources will allow
reasonable access,use and enjoyment while preventing overcrowding and excessive
encroachment. In conformance with Orono's Shoreland Management regulations,
Orono will prohibit overly dense development within 1000'of Lake Minnetonka..."
b) General Land Use Policies No. 13: "Future development must enhance the
community. Land development should respect and enhance neighboring properties
and existing developed character of the neighborhood and the City, preserving the
Page 4 of 7
4
/ Q
'� '�.
� �
��, CITY of ORONO
� �
ti
ti
RESOLUTION OF THE CITY COUNCIL
���kE �I04��'G NO. 4 6 � 0
��
value of the land and the integriri�. �tabilit�- and beauty of the community."
15. The Council finds that the granting of lot area and lot width variances for Lot 7 would be
inappropriate because allowing construction of a residence on the lot would not be in keeping
with the spirit and intent of the Zoning Chapter and the LR-1B District,and would not meet
the necessary Statutory findings of"unduz hardship" required to grant such a variance, as
follows:
a) "The property in question cannot be put to a reasonable use if used by under
conditions allowed by the official controls." The property in question can be put
to a reasonable use if used under conditions allowed by the official controls.
Continued use as lake access for 1 I69 I�orth Arm Drive and for dock use, as has
occurred for the past 30 years or lor_Jer, is a reasonable use of this�•ery substandard
lot. The City will approve the nece:_ary Spzcial Lot Combination to allow said past
use to continue. This owner and p�t o��ners have enjoyed a substantial benefit of
Lot 7 for many years by using it for lake access purposes.
b) "The plight of the landowner is due to circumstances unique to this property not
created by the landowner." The F?i�ht ot the landowner is that the lot historically
used as lake access for 1169 North_�rm Dri��e is extremely substandard in area and
width as compared to the standard�of the LR-1B zoning district. This condition is
not unique to this property,as man�-such lots were platted many decades ago before
zoning standards were in effect.In many cases along the shoreline of Forest Lake Bay
of Lake Minnetonka,two or more substandard lots have been combined in order to
more closely meet the LR-1B star.3ards. In this case, the lando��ner had ample
opportunity to view the histon� of variance denials for the property prior to
purchasing Lot 7 and 1169 North �rm Dri�-e together. The property owner should
have had every expectation that such denials would be upheld considering that the
zoning district lot area and width standards have not changed since those denials.
c) "The variances, if granted, ���ill not alter the essential character of the
neighborhood." Granting of the�-ariances�vould alter the essential character of the
neighborhood. Construction of a residence on such a substandard lot would create
additional development density not in character with the existing nei jhborhood. The
Page � of 7
.
. • t � . , .
�
���
� O ' V
O O
��, CITY of ORONO
� ' ti
�� G'� ' RESOLUTION OF THE CITY COUNCIL
��kES� NO. d R R (1
average lot area of developed lakeshore lots within 1000' either side of Lot 7 is
approximately 33,100 s.f. or three times the area of Lot 7. The average width of the
21 developed lakeshore lots within 1000'either side of Lot 7 is approximately 80-90',
nearly double the 50'width of Lot 7. While developed lots in the neighborhood on
average fall short of the area and width standards of the LR-1B district,the area and
width of Lot 7 are extremely substandard when compared to the neighborhood
average, disregazding the LR-1B standards.
d) "Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of this (the Zoning)
Chapter". Since reasonable use for this property does exist, and since that use has
been enjoyed by this and prior property owners for the past 30 years or more,
economic considerations are not a valid hardship in this application.
16. The Council finds that granting of the application is not necessary for the preservation and
enjoyment of a substantial property right of the owner. Granting of the proposed variance
would be contrary to the intent of the zoning code,because it would allow for development
density not in keeping with the intent of the LR-1 B District. The granting of the requested
variances would merely serve as a convenience to the applicant,and no undue hardship has
been demonstrated that would support the variance request.
FURTHER, BE IT RESOLVED, that the City Council of Orono, Minnesota hereby
approves the request of the applicant for a variance to Zoning Code Section 10.03 Subd. 9(A) to
allow Special Lot Combination to allow for the permanent use of Lot 7 for lake access for 1169
North Arm Drive, including the ability to construct a dock on Lot 7 without a principal structure,
based on the following findings:
A. Undue hardship exists because, without the continued ability to use Lot 7 for
lake access as it has been used for the past 30 years or longer, the property owner
would be denied a substantial property right and would be denied reasonable use of
the property as it has historically been used.
B. The close proximity of Lot 7 to 1169 North Arm Drive will allow for the owner to
provide reasonable security for the dock facilities on Lot 7, thereby alleviating the
Page 6 of 7
i
. - � . . , .
�; O ,
/�„ ,�.\
O O\��
�b� - ,�, C ITY of ORON�
� �i;
�� �'��� RESOWTION OF THE CITY�OUNCII
���9 4�'� NO. � s �
�kESH�j
— normal concerns regarding lack of security when a propert��has accessory structures
and uses without principal structures or uses.
The Special Lot Combination shall be documented via a separate Rzsolution of the City Council.
shall contain appropriate conditions, and shall be filed in the chain of title of both Lot 7 and 1169
North Arm Drive.
Adopted by the City Council of Orono, Minnesota at a regtilar mzeting held the l lth day of June.
?001.
ATTEST:
��.����'� f1�_r�y�__
��-�-:-�-e��i3c..�le�k. Barbara A. Petzrson, �fayor
I1��C'I>C:L �'�t�, I.-�f%U`tC�('ft`-YL'C-
Page 7 of 7