The URL can be used to link to this page

Home My WebLink AboutResolution 6802 Doc No A10606147 Certified, filed and/or recorded on Oct 29, 2018 11:45 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 1753239E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE CITY COLTNCIL � �� No. 6 8 0 2 ��' G taKESHO�� A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330 AND 78-1279 FILE NO. 17-3968 WHEREAS, on August 23, 2017, Frederick Johnson (hereinafter the "ApplicanY'), applied for variances from the City Code for the property addressed 1565 Orchard Beach Place also known as Hennepin County PID 07-117-23�3-0026 and legally described as: Commencing at the Southeast comer of Block 18, thence North 100 feet; thence Northwesterly to the Northeast comer of Lot 19; thence South 100 feet to the Lake Shore; thence East to the point of beginning. All within SAGA HILL REVISED, Hennepin County, Minnesota. (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 to allow development of the Property which is substandard with respect to area and width having 9,645 square feet or 0.22 acre in area and 83 feet in width where 1.0 acre in area and 140 feet in width are required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow a rear yard setback of 5.6 feet where a 30 foot setback is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow development of the Property which is entirely lakeward of the average lakeshore setback line determined by the home on the adjacent property at 1555 Orchard Beach Place; 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 denial of the lot area, lot width, rear yard setback, and average lakeshore setback variances; and WHEREAS, on October 9, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G`� No. 6 S 0 2 t`�kES H 04� WHEREAS, on October 9, 2017, the City Council directed preparation of findings for approval of the lot area, lot width, and average lakeshore setback variances, and also for denial of the rear yard setback variance; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested lot area, lot width, and average lakeshore setback variances 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 #17-3968. 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 One Family Lakeshore Residential Zoning District. 3. The Property contains 0.22 acres in area and has a defined lot width of 83 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[s]: a. Lot Area Variance b. Lot Width Variance c. Average Lakeshore Setback Variance d. Rear Yard Setback Variance 6. 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. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The lot width and lot area variances are consistent with the general intent of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as the only adjacent neighbor sits at a higher elevation. 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G� No. 6 8 0 2 l'�kEs H p��' 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 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: a. The property ownerin question proposes to use the property in a reasonab/e manner, however, the proposed use is not pe►mitted by the o�cial controls. The request to permit construction of a home on the substandard lot, in the proposed location lakeward of the average lakeshore setback, appears to be somewhat reasonable as the Property's reduced size and the angle of the lot lines with respect to the lakeshore and adjacent properties creates difficulties. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The uniquely small size, location with respect to adjacent lots, and required setbacks prevent development of any residential structure. c. The variance, if granted, will not alter the essential character of the locality." The variances are requested in order to permit construction of a home. 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 a residence is an allowed use in the LR-1 B Lakeshore Residential District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a finro-family dwelling."This condition is not applicable. 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� G�� No. 6 8 0 � t�kES H�� 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property's substandard size is unique to this immediate neighbofiood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The Property is 0.22 acre in area and is surrounded by properties with lot areas which more than double the Property's acreage. The conditions do not apply to other land in the immediate neighborhood and district. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting lot area, lot width, and average lakeshore setback variances are necessary for the preservation of the property right of the Applicant. 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 lot area, lot width, and average lakeshore setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The variances for lot width, lot area, and average lakeshore setback are necessary, and do not merely serve as a convenience to the Applicant. CONCLUSIONS. ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-330 to allow development of the Property which has 9,645 square feet or 0.22 acre in area and 83 feet in width where 1.0 acre in area and 140 feet in width are required; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a home on the Property which will be located entirely lakeward of the average lakeshore setback line, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the site plan by Sharratt Design 8� Co, dated 09/26/17 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. The rear yard setback variance denial findings are listed within Resolution No. , adopted on 4 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �� No. 6 S 0 � ��' G t`�xESHO�� 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. 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 23, 2018). 6. 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 23ro day of October, 2017. ATTEST: CITY OF ORONO: Anna Carlson, City Cierk Dennis Walsh, Mayor 5 i �,' '- B DCs.CsFE. l I (p(ZIGINALLT TOLD �� 20'REQUI�R) / // � � , . � 6802 � _ .y�3°'S9�� _.'' , , - � � I _ _,,�.; ,;��9---___�� ; /'/%i� __ I , — .. _i� -�,- �a'----_-�, ; ��, ,.--_ '�, I Exhibit A , 'i -, - g4l=,- , / � � . � -946_y�'"� �' �, �,� �� , �'�-' s�.�o e� �', �, ''�' -- ---�- s�� -- � ;' , � R�sol No. REMO _ ' T • �x— 0 �� /• \�� I p � , �;� � , F , � #77-3968 . ; % � __ ; °' % � � �, >-- , , �,, ; � m � .'� / i :� �.' � /�i\� .. , �� . : ' . � 1 / % - ; ' � ' ' � � , ,1 , , ,- , , , . . - ' �,'`.�„� ' i--�� i yt�u,.'ZE9 � , ' �,,,�a ,� �T� , � � ��3 . �/ �ev,�D I''g1 ` I �� E � -�$—' � g3 `� Q � � � ` � � , � �R/ D ._� I �2 � � � , � ,�Y � Z �� /�� i + W� i � ii i ii � U 0 ilj i�_ i �i i ¢ ,n �_ ____�� _ al � PROJEGT TEAM "' ��I� �\, �k i ,% ' � I ' �t i � ar � � ARGHITECT 0��.�'� %�Q i� �i � Ty, �. I xi N� a+naRcnoeeia+.co.uc �� I � �\ ' • �! \\ $IDE K \�� U � carrnc�,nxce w.uaenn .�' �I � / \ � StR1,IGTURAL ENGINEER Z�/� � I'�F O R � / \ ` W� so`wff�ee � TO D -- I - W I coc�ee z L/� I J. �' �-- 931' ` I � �I � A `� . �� i �� ' ��, � I I a� GENERAL CONTRAC70R - '"j I ' I �, Q � Q� �,� �� _�, '�'� ,,; Approved I � � ��z � , ' �� ,_ ��, ,-' Building �� ,� �z i � N �� I ,� Envelope � �� _ o I S S U E D F o x // �%I �'��'� �� S� �ENC��—`�={;� �\` I� xlStl � �� --'' �' \,,�5 �. `` � �CONC. �� j� � �5 � �-�------ ----'' \•64. I � 1 0 �q��Z �� ' �UTILITI' r-I�-� �� 08� � ` �fp;(�� @� __. I PADS IS6UE DATE ��R< � -- ----- �0 �F � SETB,QClC 0`r �,9'm; X x x ---- ----'_ ��,�--`•1�P901�/�� \� •� mwr�n x x x --- ---- ---r" \ � x meazaon X �'_ ___`--- `r � �-T IA�C-��'9'3�4"� \ I `� \��Z mvmemm� x x \ -��`` '`.' �� `----- mv�samn X X 9 \ ````` ``� �=='_______''\\`=�'---\,\\ __----- ---• �94 O 8,3'k�3?T��3�. �`. �( �� siTe ir�o. L `� ��``````` LOT AI�A: 9,641 SF. K L+ W � �� EXISTMCs NAF�COVER(b bs r�movsd) 3��8F.•4% A �- �91� �TF�, ��: .3 MI J GAR 9lAB 764 c o x s r c r�o x nn.�u N N E T � N x PROPOSED NARDGOVER: �8 �9b6 BP..� jOHNSON A FOpTPRMt(Mcl.front stoopT.1469 SPEC HOME DRIVEWA7: 4b7 SIDEW4LK 'A .4LLaUED NA�CovER ltiER U '�g� 1565 ORCHARD BEACH PLACE ORONO,MN 55364 GURRENT vARIANGE SUBMIttAL: E o8��T�4�E�5'LCKE BETBOCK 9�BF. E.CONC.BTAIR9 Y9 8F. t 517E PLAN e.NousE�n� za sF. AI SCALE�1". 2m'-D" SHEET A1 NUMBER PROPOBED FI.G.IN TI�15'L4KE BETB.4CK 0 6F. � I� L� �� r.�.evnv pco n�anriemns�x�a�n�as�cx.cor�Nr,uc