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HomeMy WebLinkAboutResolution 6817II� II 9 VIIIVIII II IIIVIIIVIII I II Doc No All 0512649 Certified, filed and/or recorded on Dec 19, 2017 11:39 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1637129E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 7 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350, 78-1680, 78-1700, 78-1282, 78-1279 FILE NO. 17-3981 WHEREAS, on September 20, 2017, Todd and Angie Olson ("Applicants"), applied for a variance from the City Code for the property addressed 3325 Crystal Bay Road and legally described as: Lot 5, Wallace's Addition on the Village of Minnetonka Beach, 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 78-350 to allow for a 6 foot rear yard setback and 1.4 foot side yard setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 50.9 foot lake yard setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow to allow for 47.3% hardcover; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1282 to allow to allow for a driveway width to exceed 8 feet; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow the home to encroach in the average lakeshore setback; and WHEREAS, on November 20, 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 November 20, 2017, the Planning Commission recommended approval of the variance; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 17 WHEREAS, on December 11, 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/denies] 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 #17-3981. 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 -1C Zoning District. 3. The Property contains 0.1 acres in area and has a defined lot width of 50 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. Rear yard b. Side yard c. 75 foot lake yard d. Hardcover to exceed 25% e. Driveway width to exceed 8 feet f. Average Lake Shore setback 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The rear, side, and lake yard setback and the wider driveway variance are in harmony with the purpose of the ordinances. The CITY OF ORONO RESOLUTION OF THE CITY COUNCIL hardcover is proposed to decrease being the site closer to conformance with the ordinances. The lot includes challenges with the small size in the LRAC zoning district and the orientation towards the lake. The lot is also challenged with the existing Crystal Bay Road that runs through the lake yard of the property. The average lakeshore setback is proposed to stay the same distance for the new deck compared to the existing deck but will increase the square footage in this setback. The applicant should demonstrate practical difficulties to support the expansion in this location. The visual impact to the property to the east is somewhat minimal as the existing garage in that location blocks lake view. 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 owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The applicant is proposing to keep the existing foundation to maintain the existing footprint of the home. The proposing upper level addition is a reasonable use of the property. There is no space to build a conforming structure. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The applicant is working within the existing footprint of the home, which was not created by the current landowner and will be maintaining the existing rear, side, lake yard setbacks. They hardcover, driveway width and average lakeshore setback are all being altered from the existing home. And c. The variance, if granted, will not alter the essential character of the locality. " The proposed addition and remodel of the existing home will not alter the character of the neighborhood. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 17 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 single family home is an allowed use in the LRAC 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 small building envelope with the substandard lot, and the right of way that passed through the lake yard of the property create a difficulties that are unique to the property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Crystal Bay Road is relatively unique within the LR -1C district due to the shallowness and narrowness of the lots, the road location, the proximity to the lake, and the existing Hennepin County Rail property to the rear. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this to be true to allow for the upper addition of the home and to address the driveway access for the garage. The Commission should discuss whether the applicant has satisfied the practical difficulty requirements to support the variance from the average lakeshore setback. 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 applicant has stated additional living space will alleviate a practical difficulty relating to the existing space within the home on the property. The property is unique in size as well as location between Crystal Bay Road and a regional trail. CONCLUSIONS. ORDER AND CONDITIONS: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL • Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350, 78-1680, 78-1700, 17-1282, 78-1279 to allow rear yard, side yard, lake yard, hardcover to exceed 25%, driveway to exceed 8 feet in width, and average lakeshore setback encroachments, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated November 8th, 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 addition 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 (December 11, 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 11 day of December, 2017. ATTEST: Anna Carison, City Cler CITY OF ORONO: Dennis Walsh, Mayor LEGAL DESCRIPTION: Lot 5, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary lines of the legal description listed above. The scope of on services does not include determining what you own, which is a legs) matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markets or verifying existing survey markers to establish the comers of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a c(ment title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. STANDARD SYMBOLS & CONVENTIONS: "S" Denotes mm survey marker, found, unless otherwise noted. EXISTING HARDCOVER CALCULATIONS HOUSE 1,092 s0. FT. DRIVEWAY 210 80. FT. PARKING PAD 189 90. FT. DECK (STOOPI SO so. FT. DECK 98 80. FT. PATIO TINEA WALLS/STEPS 120 s0. FT. 15 S0. FT. 9ITURINOUS ROADWAY ON 80. FT. TOTAL EXISTING NAROCOVER 2,788 90. FT. AREA OF LOT TO O.N.W. 4.879 SO. FT. KMDCOVER % so ft TODD OLSON 3325 CRYSTAL BAY RD. ORONO, AIN LdAW MINNETOW" .APPROIntAXE EDGE OF WAWtt Nal WLW. INE (99LQ .. _ .. T— L .. — .. — µ S 8833'37" E µ it--- _ 50_29 _ 1 '`fYISTNEG ROADWAY-, (CRYSTAL BAY RD) �1 A �C a ^r..JG Papp t AKEMWa',SEraAOt G PID 1 V7u _ oBOt _ODK E)0511NG DARAGE W m o W E)OS11NG A m t1 DVkJ,ONG J pDwalj"G G' o 1.76' SETBACK .1 SIBBRIBb PARIWtD y PATO / b 50.02 N 86'42'38" E J�d, NEN!►'• CO. R R.%AUTHORITY WIlIa X x '..Won rvxE Advance 6817 Resol No. Exhibit A 17-3981 r =G a®tELeEa12311 EUSnNG SUR V" TE p1AFlED: SHEET 6nE: 11 x 1] DRAWING NuNXSM J sewrEuNER 13.2011 170918 WP t OF1 LEGAL DESCRIPTION: Lot 5, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1. Showing the length and direction of boundary limes of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make etre that it is correct and that any matters of record, such a4 easements, that you wish to be included on the survey have been shown. 2. Showing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the comers of the property. 4. Existing building dimensions and setbacks measured to outside of siding or stucco. 5. Showing and tabulating impervious Surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6. This Survey has been completed without the benefit of a current title commitment, There may be existing easements or other encumbrances that would be revealed by a current tide commitment Therefor, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. STANDARD SYMBOLS & CONVENTIONS: "0" Denotes iron survey marker, found, unless otherwise noted. I�1XE .fIINNETDNKI ,�MPRWPMAIE FnOE a rW1ER AID oxa ulE (Pp.1) T µt S 88'5337" E _50_29_ 1 ' I " "STING ROADWAY-. \' � (CRYSTAL BAY RD) y 6817 i Al£ IAIZgpIE ( � - Ilt __ tOSTNG GARAGE Nese P GARAGE a, r _ u -- � au w PROPOSED IWIDCOVER CALCULATIONS EXISTING KNADCOVER CALCULATIONS A NarOOP �t]� STING 9'.P. 0 HOUSE 1,092 so. Fr. IBIISE 1,092 an. FT. pWELLING J i pW[LL NG L4 W ppSWELIR�G PROP. GRIVERAY 292 SD. iT. Oa IVEWAY 240 SO. FT. PROP. TING STOOP N S0. FT. PARKING PAD 189 80.. PROP. WALK 71 M. FT. DECK (STOOP) 50 S4. PROP. OVERHANG 126 80. FT. OECK 96 S0. FT. i -T5 Q16ACx PATIO 120 80. FT. PATIO 120 So. FT.1A 9TE�jg15 PARR* 8.5 TIMBER WALLS/STEPS 15 80. FT. TIMBER WALLS/STEPS 15 So. I't I ( 5 BITUMINOUS ROADWAY 056 80. FT. BITUMINOUS ROADWAY 856 S0. FT. \ o TOTAL PROPOSED HARDCOVER 2,718 80. FT. TOTAL E%ISTINa IWIOCOVER 2,758 50. FT60. PATO � -- _— -- '— — AREA OF LOT TO O.H.W. 4,676 80. FT. AREA OF LOT TO O.H.W. 1,676 . FT. 50.02 HARDCOVER % 5e. 1♦ WOOD lab % 59.0% N 86'4238" E x � XENJ►'• Co. R.R AUTHORITY EAus %-I % trE000 FENCE RECEIVED Nov 002017 CITY OF ORONO am/" uPOA1m PFR cDlaET1rs FRw rm NOIIEYrATI{W {{r/IE I11 " { CL[NT1J08 AIK116:66 TODD nlSQV 3325 CRYSTAL BAY RD. ORONO, MN Advance vance sh.,y,rtPSEImR6�A]g CaS __._ I.]ame. MAI r 1M[ rAE A AR ^'- ^^� s tF13t103 SEPTEMBER 13 2011 SFPIEN9ER>, 201] DATE =T TnSLET RVG HIASVRy J 1 9HEET1 DF1 11//1] 8HEET sue. nxn oiwc'r®.. SE—SER 13, .11 pgwwo EUAmER 170918 WP MiBinenr".. ��� ��\ Non soms I 6 I MEMO F11,1111111111111111 L � ,� I Y vj ,I 5IJ,J� TODD OLSON L!,D 3325 CRYSTAL DAY ROD ORONO MN 55364 M « \ \ > © \>} \ \ � ��� ��\ Non soms I 6 I MEMO F11,1111111111111111 L � ,� I Y vj ,I 5IJ,J� TODD OLSON L!,D 3325 CRYSTAL DAY ROD ORONO MN 55364 �A S IYi '^�Iv+ `F �?c _Y. S -� �I VVlNt2OW NOT5; 6817 zW S Fri-041QPTION 0 z 0 N' < X 1R W z O<x 15 z 0 u no p ,A& \\ �� \ � ~^\ � , � � © \\\ \� � \ } � \ / \ \ \ \� L Iv co Fl I TODD OLSON —E - —N-- FRRORS OR Q�� Ig Oe gn 3325 CRYSTAL BAY ROD I I'l -1.'.M"A AlO �l 0, "1=1 ROR 7� ORONO MN 55364 I-F-R-SAIIIE-111— M�- A—AIM \ \\ ��� \\ \\ \ 4 � \� \i / \ }\ � \� \\ / � \\ c7% co > TODD OL SON 3,_ _.,F,.rAL BAY ROD ORONO MN 55364 11MIN-1 AN —CH—AL —'A AL