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Doc No T05512707
Certified, filed and/or recorded on
Feb 20, 2018 8:01 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 17 Pkg ID 1658397E
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. " 8 J
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1680
FILE NO. 17-3979
WHEREAS, Steven Schottler and Kimberly Schottler, a married couple
(hereinafter the "Applicants"), are the owners of the property located at 2740 Shadywood Road and
legally described as:
That part of Tract "D", Registered Land Survey No. 420, Hennepin County,
Minnesota, lying northeasterly of the southwesterly 7.00 feet, except that part lying
northwesterly of a line drawn from a point on the southwesterly line of said Tract "D",
21.51 feet southeasterly from the most westerly corner of said Tract "D", to a point on
the north line of said Tract "D" 7.57 feet east from the northwest corner of said Tract
«D,7
Together with a perpetual easement for driveway purposes over, under, and
across the southerly 98.53 feet of the easterly 7.50 feet of: That part of Tract "D",
Registered Land Survey No. 420 Hennepin County, Minnesota, lying northeasterly of
the southwesterly 7.00 feet, and lying northwesterly of a line drawn from a point on
the southwesterly line of said Tract "D", 21.50 feet southeasterly from the most
westerly corner of said Tract "D", to a point on the north line of said Tract "D", 7.57
feet east from the northwest corner of said Tract "D", Hennepin County, Minnesota
(hereinafter the "Property");
WHEREAS, on September 20, 2017, the Applicants have made application to the
City of Orono for an after -the -fact variance to Orono Municipal Zoning Code Section 78-1279 to
allow a roofed, screen porch addition to encroach up to 20 feet lakeward of the average lakeshore
setback line as constructed; and
WHEREAS, the Applicants also requested after -the -fact variances to Orono
Municipal Zoning Code Sections 78-1279 and 78-1680 to allow 4.5 square feet of hardcover and
structure within the 75 -foot setback from the ordinary high water level (OHWL) of Lake
Minnetonka where no structure or hardcover is permitted; 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
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. b 3 2 5
WHEREAS, on November 20, 2017, by 4 to 1 vote, the Planning Commission
recommended approval of the variances; and
WHEREAS, on January 8, 2018, 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 variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
This application was reviewed as Zoning File #17-3979. 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 Zoning District.
3. The Property contains 1.0 acre in area.
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. Average Lakeshore Setback Variance
b. Lake Setback Variance
c. Hardcover within 75 -foot 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 ...." Construction of a screen porch addition on the residential
property is consistent with the intent of the ordinance. Neighbors have indicated that the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6825
screen porch encroachment into the average lakeshore setback does not block their views
of the lake; therefore this criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances permitting the construction of the screen porch less
than 75 feet from the cove side of the Property, and within the average lakeshore setback
in a residential zone, all while not blocking views 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 request to permit construction of the screen porch within the 75 foot setback
appears to be reasonable as the size of the encroachment is minimal (4.5 square
feet of structural hardcover) and the unnatural curve of the shoreline causes the
extreme setback. The encroachment lakeward of the average lakeshore setback
line is supported by neighbors. The adjacent property owners have indicated that
they will not be adversely impacted. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The unique configuration of the cove was not created by the land owner. The
impact of the addition when viewed from the lake because of the cove in front of
the Property is minimal and consistent with the comprehensive plan. This criterion
is met.
c. The variance, if granted, will not alter the essential character of the locality. "
The location of the screen porch addition in the existing location does not alter the
character of the locality. This criterion is met.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been the only 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. 6825
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 a screen porch is an allowed use in the LR -
1 B 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 home on the Property and the neighboring
homes are mostly in line and situated ±30 feet from the rear/street property lines resulting
in a narrow area for improvements conforming to the average lakeshore setback line. This
condition applies to the immediately adjacent properties. This criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The home on the Property and the neighboring homes are mostly in line
and situated ±30 feet from the rear/street property lines resulting in a narrow area for
improvements conforming to the average lakeshore setback line. This condition applies
to the immediately adjacent properties. This criterion is met.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." There is an existing home on the Property which
includes limited lake yard area to construct a conforming screen porch. This criterion is
met.
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." The proposed screen
porch addition is not out of character with the neighborhood. The lake yard variances are
proposed to avoid a tenant of the Code intended to protect against uncharacteristic bulk
and mass; the unique shoreline and the cove area in front of the Property provide
additional visual separation from the lake. This criterion is met.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The requested variances would not be for
the sole convenience of the Applicants. This criterion is met.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6825
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants after -
the -fact variances to Orono Municipal Zoning Code Section 78-1279 to allow a roofed, screen
porch addition to encroach as much as 20 feet lakeward of the average lakeshore setback line as
constructed; and after -the -fact variances to Sections 78-1279 and 78-1680 to allow 4.5 square
feet of hardcover and structure within the 75 -foot setback from the OHWL of Lake Minnetonka
where no structure or hardcover is permitted; subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. Council approval is based on the survey dated 10/03/17 by W. Brown Land Surveying,
Inc., submitted by the Applicants and annotated by City staff, attached to this Resolution
as Exhibit A. Any amendments to the plans which are not in conformity with City codes
may require further Planning Commission and City Council review.
3. Approval of the variances is conditioned upon submittal of a complete after -the -fact
building permit application including plans and specifications after -the -fact fees within 90
days of Variance approval (April 8, 2018). Inspections to demonstrate compliance with
the applicable Building Construction and Fire Codes shall be completed by July 7, 2018.
Final inspection must be approved one year from Variance approval (by January 8, 2019).
4. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
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 8th day of January, 2018.
ATTEST:
Anna Carlson, City Cierk
CITY OF ORONO:
Dennis Walsh, Mayor
6825
Resol No.Exhibii)
17-39 j
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