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Home My WebLink About#6752-variances-2017 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �� No. � 7J � �'xesxo��' A RESOLUTION GRANTING VARIANCES TO ORONO MU1vICIPAL ZONING CODE SECTIONS 78-350, 78-1279 AND 78-1680 FOR PROPERTY LOCATED AT 1920 FAGERNESS POINT ROAD —FILE NO. 17-3915 WHEREAS, Charlie and Nora Daum (hereinafter the "Applicants") are owners of the property located at 1920 Fagerness Point Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 27,FAGERNES S,Hennepin County,Minnesota,lying northeasterly of a line bearing South 34 degrees, l4 minutes East from a point on the northwesterly line of said Lot distant 175 feet Northeasterly from the southwest corner thereof; (hereinafter the"Property"); and WHEREAS,on February 22, 2017 the Applicants made a complete application to the City of Orono for variances to Orono Zoning Code Section 78-350 in order to construct a new home on an existing lot of defined contiguous dry buildable area of 18,307 s.f. (0,42 acres)where the minimum lot size requirement is 21,780 s.f. in area; and a variance to Section 78-350 to allow said new home to located 18.1 feet from the street lot line where a setback of 30 feet is normally required; and a variance to Section 78-1279 to allow said new home to be located 34.8 feet from the shoreline of Lake Minnetonka where a setback of 75 feet is normally required; and a variance to Section 78-1680 to allow hardcover associated with said new home to be located within 75 feet of the OHWL where no such hardcover is normally allowed; and WHEREAS,on March 20,2017 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono 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 March 20, 2017, the Planning Commission on a vote of 5-0 recommended approval of the variances; and WHEREAS, on April 10, 2017,the City Council reviewed the application and the recommendations of the Planning Commission and City staff. Page 1 of 6 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �� No. �17 G� �qKFsr►o��. 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 this property: FINDINGS OF FACT: A1. The analysis contained within staff inemos 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. A2. The Property is located within the LR-1C Single Family Lakeshore Residential District which normally requires a minimum lot area of 0.5 acres (21,780 s.f.) and a minimum lot width of 100' for construction of a single family residence. A3. The Property is 18,307 s.f. (0.42 acres) in contiguous dry buildable area and is approximately 362 feet in width at the shoreline and 110 feet in width at the 75' setback line. A4. Proposed hardcover on the property is 3,715 s.f. or 17.65% Of the site, slightly below the existing hardcover square footage and below the 25% for this Hardcover Tier 1 property, but nearly all of the proposed hardcover is within 75 feet of the lake, requiring a variance. Structural coverage is proposed at 11.8%,well below the 20% limit. A5. The requested variances will a11ow the Applicants to completely replace the existing house, which was built in 1971, with a new residence, in approximately the same footprint and setbacks. The property is slightly under the 1/2-acre lot size requirement and most of the lot, including the house, is within the 0-75' setback where no structure or hardcover is normally allowed. Although the lot is very wide with more than 300 feet of shoreline, a lot area variance is required due to the northerly portion of the lot being wetland above the 929.4' contour. A6. Proposed street setback for a majority of the house is 20-22' with an entry porch being 18.1' from the street lot line. The proposed street setback is slightly less than the existing 22' setback,which allows for greater setback from the lake while still allowing ample room to park vehicles in the driveway without extending into the street. The lake setback is proposed at 34.8' which is slightly greater than the 32' lake setback of the existing home. A7. The property is served by municipal sewer and water. A8. The size, shape and orientation of the lot in relation to the lake makes it impossible to build on the property without variances. Variances were granted in 1970 for the original construction of a home on the lot, and an additional variance in 1981 allowed construction of the existing attached garage. In 1991 a variance was granted for the existing second- Page 2 of 6 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �� ,� No. � 7 � � lqkFS H O�'�c. story deck located on the lake side of the house; a deck is not part of the new home application, although a grade-level patio similar to the existing patio is proposed. A9. A variance application was submitted in 2016 for addition of a second story above the existing garage. Prior to Planning Commission review, that application was put on hold (later withdrawn)when the Applicants and their builder concluded that drainage issues for the existing house could not be resolved through remodeling. The current application, for replacement of the existing house and garage in the same location as the existing,resolves the drainage issues, and accomplishes the desired added living space, within virtually the same footprint as the existing home. A10. The new home with a full story above the garage will increase the livability of the property while not increasing hardcover, and structural coverage is well below the limit for this site. The close proximity to the lakeshore as well as the substandard setback to the street are clearly a function of the lack of lot depth from the street to the lake,and this factor is shared by the two adjacent homes to the immediate south. A 11. Applicants intend to save the existing trees on the lake side of the property,which provides buffering of the fa�ade as viewed from the lake. The house across the street sits significantly higher than Applicants' house, so that lake views enjoyed by that off-lake owner(views which are not protected by code)will be minimally affected. Al2. 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. VARIANCE ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." Single family residences are a per»ritted use within the LR-1 C zoning distric� B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The proposed residential principal structure is a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. B3. "Variances may be granted when the applicant for the variance establishes that there aze practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance,means that: i. 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." Page 3 of 6 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �� ,�' No. 6 7 � L `�kFSHO�� ii. The plight of the landowner is due to circumstances unique to his property not created by the landowner." iii. The variance, if granted,will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner by replacing the existing residence with a new residence of similar footprint, but the size of the lot is be[ow the minimum lot size standards of the Zoning Code. The plight of the property owner is due to the existing substandard lot size and shape, and its proximity to the lake. The lot is almost entirely within 75 feet of the OHWL of Lake Minnetonka where no structure or hardcover is normally allowed The existing home was constructed in 1971 and the existing attached garage added in 1982 pursuant to variances granted by the city. Replacement of the home other than exactly `in-kind'requires that new variances be granted. All of these are circumstances that were not created by the property owner. The character of the neighborhood is not likely to be significantly altered from replacement of the residence in essentially the same location as the existing home. The two adjacent homes to the immediate south are on similarly situated lots very near the lake and are each two stories in height. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. The design of the proposed home is related to the desire for add�tional living spaces, and the need to solve an existing water problem due to the adjacent grades. B5. "Practical difFiculties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances sha11 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. B6. "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 single family residence is an allowed use in the LR-1 C Distric� B7. "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. B8. "The special conditions applying to the structure or land in question aze peculiar to such property or immediately adjoining property." The condition of having a lot that is mostly within the 0-75'lakeshore setback zone is unique to this and the two adjacent properties to the south which each have homes located on a narrow sliver of land behveen the street and the lake. The vast majority of developed properties within the LR-1 C district do not have this condition. Page 4 of 6 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � ' �� NO. � �. �qkESH�� B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The code standards app[icable to this property app[y to all other proper[y in the neighborhood However,most other properties in the the LR-1 C district do not have the limitations imposed by close proximity to Lake Minnetonka to which the Applicants' property is subjec� B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property owners wish to replace the existing home in substantially the same [ocation and footprint as the existing home, while increasing the size of the home by adding second-story living space in the area of the existing one story garage. Absent the variances, the home cannot be replaced except in kind,which would not solve the existing drainage issues nor allow for the desired additional living space. B 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 of the requested variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. B 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty." Granting of the variances will alleviate a practical difficu[ty created by the shape and location of the lot which cannot be resolved except by the granting of variances. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Zoning Code Section 78-350 in order to construct a new home on an existing lot of defined contiguous dry buildable area of 18,307 s.f. (0,42 acres)where the minimum lot size requirement is 21,780 s.f. in area; and a variance to Section 78-350 to allow said new home to located 18.1 feet from the street lot line where a setback of 30 feet is normally required; and a variance to Section 78-1279 to allow said new home to be located 34.8 feet from the shoreline of Lake Minnetonka where a setback of 75 feet is normally required; and a variance to Section 78- 1680 to allow hazdcover associated with said new home to be located within 75 feet of the OHWL where no such hardcover is normally allowed, subject to the following conditions: 1. Council approval is based on the survey, site plan and building plans submitted by the Applicants, attached to this Resolution as Ezhibit A. Hardcover on the property shall not exceed the levels shown on the proposed hardcover worksheet attached as Exhibit B. Page 5 of 6 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF �� NO. ��:, � `�KESH�� 2. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code. Adopted by the Orono City Council on the l Oth day of April, 2017. ATTEST: Anna Carlson, City Clerk Dennis Walsh, Mayor Page 6 of 6 � e � . . � � a $ � � � � � Resolution � Exhibit A �sl �0o��$°e RECEIVED . �e5` �e' FEB 2�2011 1�05'� o� /� CITY OF ORONO _ Extension oI the northerl��line o/Lot 27, FAGERNESS, as monumented �C ze«. — — — -- — � / � / / � / / � o � �/ �ry / � � //�//� / /� � ; // // i ?ry � / �' \ � / � � v�, � � � / � / / � �� / � � � / - / �«� . /"p / � � � / � � // / � / � � o / �4` /�Sne / � ,¢ � i / � „ � � �1 , � // �S�/ � d� ��/0 � � � a � �/ I ' LAKE MINNETONKA / � i � �. »�"" � / 4 � 1 I Woter E/evotion 9/9/2016 = 979.2 / ` ` ��` ,,,,,,,,,,,,,,,,,,,,,,,,,,� �.,,°,,.,, � � j royoqr�ly nased m fdd.rw.y aatu yonbrea by oemws CaGid lmia swve�ara�Irc. � 3� q. / � i /� / �/ "��' O d ro . ( dndma+t Tqo d am.ma�ink e Fagemas Poiat�ai d / '''///��(((��' � �� / J; �jA�"'<,,.,,. � J9A PC�Rt EAnuGm�8Tf11 bd �R � / f�/� ;.'�� f f a,=�` PROPOSED HARDCOVER (ase colculation work shset) / .�4a�i � ' � �,>' � / '�� ;.�°qb i / �` � r�✓sae awr�o-nro.r sn�a...wr.a � / i / � � �,� � ._�'� �a��-�.�,..,�.� � . . _' �::�� ,/ �' �� ,' — . . � �- �, �:�� y � �� t, F /y,,,,:h� / ,�`' ,I� � °' / / ,�"`• �<'�,5�� . " �� .�'�,�. �j � �s. �8 � � �� ,' � ```� � / / �\>A��s�,� � ��/ :�� / \ '��,n _ �c J - _ / Y17.�Canlnur \ }' „ Adjaceni Mouse\� II'",�J 1=\` / . v�� A�/ °`` ,� ��: �B��fi # 3 915 , , / PEV6ED:B/13/2016 ��p flEV6ED:9/07/20i6 mic mle s��, �%'a,,,,,,,,.,;,,,�,,,�,,,,�,.,.�,,,�„ � RENS�h g/07/2016�Mc notea ��F�w�� LEGAL DESCRIPTION: awwn.am ma+wnwe REY6ED 9/15/1016 �ta w/s7.wi i °i10�"�oin0"10"""""� Afl4SED:2/07/2017 Piapmcd Flaae a,,,,4,„n„a�� That part of Lot 27, Fagemeas ying northeosterly of o line bearing (w KM�a� qEVGED:2/17/7017 RapaeO palio t doops South 34 deyreee 14 minutsa East/rom a po(nt on Nwe northweataly ryuo,ol p�,�a,.p�°�o.p p:,.. AEr6Fk 2/ZO/201I Udalyig aietinq ahudwe �e o/sad bt diatanf 175 leet NortAaosterly/rom Uro souNwest carar tlror00% — anw...�amnaw AEV6ED:2/Pt/4017 qapoeed Mwe brntioi4 4� DSllARS-GIBR� � ,,,"�',a,��e.��on�tnoi i�a��i�e iu.�.�e-a �r�wco rar. � `""D S"Rv�ro% A". �.°"°'°°`�'`°..a M's°`.��`°. LECY BROTHERS HOMES 68�5 Woahington Ave, So. � 9f Suite 209 ��. � Edino, MN 55439 �+d�� Phone:(952) �6�-�� PROPOSED ADDITIONS � Fax: �(95Y)767-0490 uue.� ,yqu�t a,soit �n.p.p,w._$glLt_ �'�� crea nn a rv na version www.p a orv.com � . .:. • � _ � . . . � I -------\ I -C_f � Lli� i��^-��L ..� �-�'i��■ � � �■�_� �=�11= � I � -- ' 'I i I ` ��a' �� I I= = '==I--�=�� w I ---� =_ _=1 = � _� '�, ��I�I_�� ■■'_ ■■ ��' �_ —_�� - -- —��_' _.._, — ,. ,e • '��I ��' � , • .� ,..,� ..,.€ �- - ' ^ . 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FEa 2 s zo�? � � cm�oF o?:� �`� '� Ch.��..,b..Dw. a..i•.� eJ� r� . . � 7 J � City of Orono ��P�S►�� Resolution ��v� , Hardcover Calculation Worksheet Exhibit B „ Property Address: Lecy Bros. -Daum Residence-1920 Fagemess Point Road '*• a* Prepared by: Demars Gabriel Land Surveyors, Inc Date: yp��» Stormwater Quality Overlay District Tier. (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 REVISED:2/17/2017 Step 2: PROP08ED HARDCOVER REVISED:2/21R017 In the following table, identify all it�ns of proposed hardcover on the property, keyed by lett� to Certficate of Survey (survey must aa�mpany this form). indude all exis�ng hardoover items that are intended to remain, as well as ali proposed har+dcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover st�tus of the properly. For Tier 1 properties, identify any features by letter which are split at the 75' setbadc line and ca�ulate har+dcov�er square footage SYau� ' se rat for each 'on. �oVG . Sunre Hardcover Item(D�scribe) Length x Width T�uare Feet e Gs e 24'x . 20 S.F. A House and ettach� e 28.25'x 80' �gp g,p, • B Covered e 20'x 5' 100 S.F. • C SidarvaNc 30'x 4' S.F. � D Patio with ke one at ed e 4x4 5x6 1�d2 10x 7 380 S.F. E ewsy 30'x 23' 690 S.F. F Conc St wdh ke ne at e X 25 S.F. G Conc St with ke ne at ed e 5 x 5 25 S.F. H Existi Shed 115 3.F. • � S.F. � S.F. K S.F. � S.F. M S.F. N S.F. 0 S.F. P S.F. � S.F. R S.F. S S.F. T S.F. � S.F. V S.F. W S.F. x S.F. Y S.F. Z S.F. 1 Total Hardvover 71 S.F. Exchrd�ls Hardcaver See C Coda 8ac T8-1684: S.F. S.F. S.F. . S.F. S.F. 2 Total ExdudaWe Hardcover Na S.F. 3 Net P ed Har�dc�over Subtract Ilne 2 from line 1 3715 S.F. 4 Total Lot Fv�ea 21044 S.F. Propos�d Hardcowr P�rcer�tage I I31+I4)� 17.65 X, "Previous,existing site hardcover=17.69% �ECEIVEt� FE6 2� 2U1/ � � Q � � C1TY OF ORONO 7 + I STATE OF MINNESOTA ) ) ss COLTNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April 10, 2017 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 11�' day of April, 2017. City Clerk (seal)