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Home My WebLink About#6583-variance-2016 , � � ' � -� ��88' �= �h�✓� ��- Doc No A10302274 Certified, filed and/or recorded on Apr 4, 2016 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1375821M Document Recording Fee $46.00 Document Tota/ $46.00 This cover sheet is now a permanent part of the recorded document. � r , , � �O' ♦O C ITY OF QRONO RESOLUTION OF THE CITY COUNCIL � J �' ��a ��.�'~� N O. � ,`► 'FESH� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1435 FILE NO. 16-3798 WHEREAS,on December 11,2015, Michaet S. Rucinski and Holly M.F. Rucinski, husband and wife(hereinafter the"Applicants"),are the owners of the property located at 3188 North Shore Drive and legally described as: Lots 5 and 6, Block 4, Crystal Bay Park, except part described as: That part of Blocks 2 and 4, of Crystal Bay Park and of View Avenue, now vacated, lying between said blocks, described as follows: Commencing at the most Easterly corner of Lot 5, Block 4, Crystal Bay Park; thence Northwesterly along the Northeasterly line thereof 250.73 feet; thence deflecting left 88 degrees 23 minutes along a line 10 feel to the point of beginning of the property being described;thence continuing along last said line to the West line of Crystal Bay park;thence North along said West line to the shore of Lake Minnetonka; thence Easterly along said shore to its intersection with the Northeasterly line of Lot 6, Block 2,Crystal Bay Park;thence Southeasterly along said Northeasterly line, its Southeaste�ly extension, and the Northeasterly line of Lot 5, Block 4, Crystal Bay Park to the most Easterly corner of said Lot 5; thence Southwesterly along the Southeasterly line of said Lot 5,a distance of 22.0 feet;thence Northwesterly to the point of beginning, Hennepin Courrty, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow construction of a new detached garage (hereinafter the "Garage") with a shed roof in the same footprint, setback, and location of an existing non-conforming detached garage with a gable roof; and WHEREAS, on January 19, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 January 19, 2016, the Planning Commission recommended approval of the variance; and 1 , , � ��VD C ITY OF ORONO RESOLUTION OF �� I�,Y COUNCIL �� ti� � J � ti� t'�xESHa��'G N O. WHEREAS, on February 8, 2016, 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 #16-3798. 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 LR-1 B Zoning District. 3. The Property contains 1.06 acres in area and has a defined lot width of 225 feet. 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. The Applicants intend to construct a new principal structure in a similar location to the existing home on the Property. 6. There is an existing detached garage on the Property. 7. Applicant has applied for the following variance: a. Setback Variance to permit an accessory structure, the Garage, to be constructed streetward of the house in the same footprint and location as the existing detached garage. 8. There is an existing berm and existing vegetation in the area between the Garage and North Shore Drive providing screening. 9. 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. 2 � �o� . � C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�' c�~� i� � � �► j�kESH�� N�. _ ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..." The proposed variance will be in harmony with the intent of the Zoning Code as the proposed structure will be screened from view by the vegetation and natural berm that exists between the Garage and North Shore Drive. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." This statement is true;the variance would allow for the preservation of trees on the Property. 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 confrols. The re-construction of the Garage in the proposed location is reasonable on this wooded, 1.0 acre residential property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing tree stands combined with the location of the existing (& proposed) home on the Property result in a unique circumstance allowing for the Garage to be almost completely screened from views off the Property. c. The variance, if granted, wil/not alter the essenfia!character of fhe locality." The garage will be screened adequately year-round, will be aesthetically interesting and keeping with the style of the proposed home, and will screened from views from off of the property. This condition is met. 4. "Economic considerations alone do not constitute practical difficulties." The Owner has not requested consideration based on economic criteria. 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 3 r , i � Y O ♦O C ITY OF ORONO RESOLUT'ION OF THE CITY COUNCIL � -� � ��lA �G~� N�. �� '� � '-', kESHOR defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This criteria is not applicable. 6. "The board or the council may not perrnit 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." The use is permitted; this criteria is not applicable. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This criteria 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 Property is conforming to the LR-1 B standards and contains a large number of mature trees for screening.The topography of the Property drops off to the north east and the Owner has indicated that the location of the existing garage is the most logical placement for the replacement garage. 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 in that, with the exception of the small lot immediately to the west, is surrounded by lakeshore lots on the north side of the road. Lakeshore properties are permitted detached garages along North Shore Drive. The Garage will not appear to be out of character with the neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This statement is 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." 4 . � �Ol V� C ITY OF 4RON4 RESOLUTION OF THE CITY COUNCIL �� `� 1� � Q .� �' N O. j9kESH�� The Garage reconstructed in the location of the existing garage will not impair the health, safety, comfort, or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." This statement is true. 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 78-1435 to allow construction of the Garage streetward of the principal structure on the Property, subject to the following conditions: 1. Council approval�is based on the survey by Gronberg and Associates dated 12/10/15 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A& B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. 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(February 8, 2017) 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicants have read, understand, and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 8th day of February, 2016. ATTEST: , CITY OF ORONO: i .�� ' ��Q � ' �� / - - ` ' �i'�-G. , ``, ' % �c.. Diane iegs, City Clerk Lili Tod McMillan, Mayor 5 . , , ��V� C ITY OF ORONO 2ESOLUT'ION OF THE CITY COUNCIL ��1.� �.�'~� N O. �� u ,�i xFsxot� � , Pr perty ner Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowiedged before me this 3 day of arc h, 20_, by Mi c hae l S. Rucins ki, hus ban d o f Ho l ly M.F. Rucins ki. ,�_�_ . d��:�, �; �� RACHEL DODGE j�C--�,t�-c� Qo d c� _ ��a* , j1�:�' NOTARYPUBLIC-MINNESOTA Notary Public j�� ,��My Commissiai Expires Jan.31,2020 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �Dday of �� , 20�, by Holly M.F. Rucinski, wife of Michael S. Rucinski. ��w � �:;-��.a :�, ��r,��;AA.F�,QlV.�SS '�°"�:� r,.or.�r7�•;��rz�r-�,��;n�Lsc�rA r Notary Public ` �-a`� � i � �r .�e* .!`4 v/?.,�f C6:;i�f�lSS)�71�X�1fgS,�.lfi.��,�� '�;tY.�"��c:.w�:L��.'.z:=v�—�C�'��%:Ci'�'.`'� 6 � `� 5 CERTIFICATE OF 3URVEY FOR �� ' J MICHAEL RUCINSKI H@; � �� IN LOTS 5 dc B, HLOCK 4, CRYSTAL BAY PARK 3 G % HENNEPIN COUNTY, MINNESOTA � �_ � BLUCK 2 ��g� �`` �,,. �- d �T � �� I \�� / a++ �s"'��'•� i� �� ` 7 `� - P��N�F. `� �.n o � � �i / Y' ______�.____-_--' �' ��,�''" �"'" .N �� O LECM.OESCf�TION OF PNOl�4: i � '�/r `�� lola S mE 6,Bbtl�4, �1tl Bey Po#,�rcyl psl LewRatl oc TMt pvt o(BWia t aM 4.ef �� 9'�4 f� // ay.m eey Pe'w�a e/�i..A.w.w.�.weeee4 MM e.�...n.ew eben.awc.d w rwe..: y a�� a n�.�co.� �.x�e�a ew a,a �e vaw: � ! �PGP � �� p��ON ,9p �� /pa° � ee"�"�.n��ee eev."°"°..i,�yw�p'�' tl�e��eo.��i� �� `� os\ pepiminq ot lM PrWm/Y MInO bQ tlrrt��er,r,�a�b.e.ew / rie te�M wast M.e�crysed eer Pak Uwiu He.a aaq Nn!Fr. � to tl.Ma�01 I.aM�1GnsfaYq a��d Eatay daq said Mera le Ne i �� Maweltan.A1h 1M NorlMatwlr�M l.et&81xk 2,Qy�m Boy PaN; i o F'\ \ (� � Mae�Seulhwlary dwp seM Ner f�y F�a Na SautMa�IM'�tlaWm. � � � '. \ ` aW tM NdtlieastMY IfM e}Let 6.9eti[,�Gy�tld Boy Pak le tlr mnt � � � � �\ , \� � EwL�1y tamer of WO Lel'.�UMna SaMn�plMy tlls SautlwaLMy U 'a� � �, ; 4 �"� .�a�a.K.�.�,e,� � .- ., � �� ; a � �.,� � � �� , � .�, � . .: ��_:��e,� �„ ---;'- � � �/ , �� '�� .��: �...�.�,..�..�.,�b„..�..«�.,, �\ \\� ``�� L ��0 � �\ ,1 \d �,� \ �: Mmlw wW�d+Oet ahvatbn maa+ew Nvr datun � �(. `\ 1 \�P+J �'\ .-_sn._': denetu edelM9 eentau.M.mWn m WA ealu�. � Matp papoW tontaur&M mam Ma hwl datum ^ � Ir d \` %�, �I_ � �� (�.'� � T � �,Y�� , \ �'Fq�` \ ``,. e.a�e e�m.ea.e wm m o.�nee eown � Z �R� .;"� e'� �\; 5 �� o\ `�,�r��r�� ,....,.�.��e.��.�,o,�.�..�,.��„�..ty. �� y y\r.-CF LOT S 6L00(4'� ond Ms bootfon of in edNFq Awoq lo W rwroved�s qRaq�, o M � l•-'PROPOSED �j 1\ CRA'STI�!��1'FARK i •MiNI, !aMolbm a+d t o!o PWab y $ ' � 'T ';�� \� \ u�er�a m�v°IYne��en� t°°"m °"°°'!to/w"Y Ft9 p/M pl � �` � � .. 1 � � \ I \\ e �6�� \�� . � �� `. gt$'a ;g j �'o.�_ \ ; �'i'� W —�—� � ti � __---__ ` e�� , � .�.�.` ; � � �'" l= � ---___�__-- -----�_, -� -----�� `,� `,_ ��-�� :8� V ' ' _f "-•• �-, ', _ �\ �\` ��'-' =' � i ,--- -��.,. 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W � : � I : 1 �' �� ----- - W, _ � � � . � �_ r _____ �' �� o' I ; I � . F � � � �� — _ -_ � :� Z� � W� L —wrawr•maero�rem—— — -J '. � -- N .,g S-J �a S-d A-A S-.� �� 2015 # 3 7 qg G►no�o�o�o � ' , : � , STATE OF MINNESOTA ) ) ss COUNTY 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 February 8, 2016, with the original thereof on file in my office, and the same is a correct transcription thereof. ;;{: 4Y� .,v�.•.. T.�' �F+. WITNESS my hand officially as such City Clerk and the corpo��`the City this :�� 1 St day of April, 2016. �'��•�' ��q, , . ,�r C� a,�?!'� !t, � � O ��- y - �iA�:, a� r . . (/'_�.�.rt �� ,/� �� 'g�p . J S ''��j �•..3:� a :. 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