Loading...
HomeMy WebLinkAboutResolution 6797Existing Certs 1448429 Doc No T05486982 Certified, filed and/or recorded on Oct 20, 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 116 Pkg ID 1618134M Document Recording Fee $46.00 Document Total This cover sheet is now a permanent part of the recorded document. $46.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6797 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-330, and 78-1439 FILE NO. 17-3967 WHEREAS, on August 23, 2017, Michael and Vanessa Smith ("Applicant[s]"), applied for a variance from the City Code and on September 7, 2017 the application was deemed complete for the property addressed 3060 North Shore Drive and legally described as: Tract A, except the highway, Registered Land Survey No. 717, 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 lake yard setback and average lakeshore setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow side yard setback and lot width; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1439 to allow crowding of the principle structure; and WHEREAS, on September 18, 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 September 18, 2017, the Planning Commission recommended approval of the variance; and WHEREAS, on October 9, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6797 1. This application was reviewed as Zoning File # 17-3967. 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 LRA B Zoning District. 3. The Property contains 1.4 acres in area and has a defined lot width of 107 feet at the 75' lake yard 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 variances: a. Lake yard setback b. Average lakeshore setback c. Lot width d. Side yard setback e. Crowding of principle structure 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: "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The lot width variance is consistent with the general intent of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as there is currently a deck encroaching into the setback and by adding a roof and screen walls, the neighbors lake views should not be impacted by the expansion. The side setback variance requested for the home is reasonable considering the existing encroachment. The crowding principle structure setback is existing and is not proposed to encroach closer than existing to the accessory building. 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6797 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: 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 the home in the proposed location, within the side setback and lakeward of the average lakeshore setback and 75' lake yard setback, appears to be reasonable as the property's narrow shape creates a difficulty and owners are not encroaching closer to the lake then the footprint of the existing home. a. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard width of the property is not a result of actions by the landowner. The setback encroachments are not increasing closer to the property lines. b. 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 average lakeshore setback and 75' lake yard setback variances to permit the new home and enclosed deck for a screen porch will adversely impact views of the lake currently enjoyed by the adjacent property owners. Additionally, the requested side setback variance and crowding principle structure setback does not create an increased encroachment to the property lines. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6797 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 -113 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 width of the lot as well as the curve of the shoreline create a unique circumstance which is peculiar 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 width of the lot as well as the curve of the shoreline create a unique circumstance which is peculiar to the property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this condition to be true. 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 width of the property and the curvature of the lake shore along with the placement of the existing structures on the lot create practical difficulties affecting the property; the variances are necessary and do 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 78-1279, 78-330, and 78-1439 to allow lakeyard setback. Average lakeshore setback, lot width, side yard setback, and crowding of principle structure, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6797 2. The approved project shall conform to the survey dated September 7, 2017 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 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 October 9, 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 9th day of October, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: .DA40� Dennis Walsh, Mayor , LEGAL DESCRIPTION: ' Tract A, except the highway, Registered Land Survey No. 717, Hennepin County, hLnnesota. SCOPE OF WORK d LBETATION& I. Showing the length and direction of boundary lives of to legal description listed above. The scope of our services does not include determining what you own, which a a legal nerdler. Plem check the legal description with you records or consult with competent legal u I. if rrcesaary, to make sue that it is cornet aha that any matters of record, inch as ememenb, that you wiah m be included on the w say have been shown. 2. Showing me location of observed existing impnovemonb we deem necessary for the am. 3. Setting worry markers or verfymg existing survey markers to establish the comers of the pmputy. 4. Showing and tabulating imperviones sin coverage of the lot for your review aha for the review of such govamantal agencies that may have jurisdiction over these requirements to verity they are cornctly shown hot= proceeding with concoction 5. Showing elevenums, on the ate at selectd locations to give some indication of the topography of the ate. We heye also provided a benchmark for your ere in determining elevations for construction on this site The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at Im1 one other forme shown on the survey when determining other elaystiore for use on this site or before beginning cmatmetion. 6. None that an building dimensions and building tie dima morin, m the property Imes, are taken fico the siding and or swoon of the building. 7. While we show a proposed location for this home or addition, we are not as, familiar with your popes plane in you, your architect, or the buildar are. Review our proposed location of the mulame nenla and proposed yard grades carefully to verify that they match your plans What construction begins. Also, we are cot as familiar with local codes and minimum requirements as the local WAMing and mnmtg officials in this community are. Be sure m show this survey to said officials, or any oil= officials that my have jurisdiction over the proposed impawmenla and obtain their apprm ab betme beginning construction or planning improvements; to the property. STANDARD SYABOLS & CONVENTIONS: ^ 0 I)enelw ton survey marker. set, unless .11—as rated. +q f3 a ,_ ♦,�'`\\ �' _ ____ ♦ � 1 'T suer ina—ms DRW"0FJ t ATON&SCNE GIENf NA1 1"AUCNESS SHOW —T SEmACw k1aE Enna o snnow aouE . owvEWAr Aoaroxs HENDEL HOMES SHOW Ast— UKESHORE SErisum UNE N 3060 NORTH SHORE DRIVE ORONO, MN Advance Sks igpM A EfWase ft Co. �trar mot. �r K Norman YaN Ni ruwW �x)na-user vrs: avw..a..a.ros N. 4 — Vol i ! /c40 0O wre sumEwo: auausrta. mfr Resolution No. 67 7 r Exhibit A #17-3967 — �yta+^♦atll OJjrtr/!R)3' 1 sae Mq� LH370Qf —aa -- 1~ Ara►.Intar wiled oefariar�aw - nor as .tar.stqaw �Jgll r" J%lYtafa eV®i01. 12ri2m @ Jaw ""N'sm 22 X 34 PROPOSED SURVEY pNAAVatCNlaOER S 1 a,E pgac,an --T..-7 190880 JR snag t err t BEDROOM n BEDROOMIR ENT. ROOM aATRR .)u aATM ❑ STORAGE BEDROOM M ------ ------ - MECH. STORAGE S LA 11 GARAGE noRAOE r-- � rD H � i p O Cil z O LOWYER EVE- AM W --4 lilt AA(JIITACTUAAL LU HProposed New Residence t�it OVAA�IOW� D 3060 North Shore Drive, H E N D E L �1fll�r Yi'+}I 1 G o}�ie� p Orono, MN ioooc rn R„dewm,,s.,. uo 0sna....�, MN 55126 .� 1 (9s])i6H212 OF 1(889) 8451061 '-J t,tltZ l� k�A AJ2(JIITUTUAAI t E Proposed New Residence [ } `►¢t [f�R1 0VIATL0W- gills! Irk+kl J D 3060 North Shore Drive, H E N D E L �tkg! .d o Orono, MN .., .,,. EjEil kii I 000c e�ae w�,s wleo �sno.b . n ssl2a F CU ~ r i. (952) 9-8212 o F: 1(800) 8956051 a% --j �1 fi o 4;;�i Effi>i AMITUTURAI Proposed New Residence " [ f`t#r�EtAt OVt��IOW� N i 3060 North Shore Drive, H E N D E L ��isitEtE]i� pOrono, MN .. ,n.1�_i u.ea„�i i,....r:..-.. e... _.,L il �t� 1� IO Canna EWnI,S- 1200 Shwr+4w, FAN 55125 F is 1(952)9 212 OF. 1(888)895 1