HomeMy WebLinkAboutResolution 6613 , . ��' ✓
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Doc No T05349254
Certified, filed and/or recorded on
�May 16, 2016 2:00 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 1392635M
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1401483
This cover sheet is now a permanent part of the recorded document.
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C ITY OF ORONO
RESOLUTION OF T'HE CITY COUNCIL
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A RESOLUTION
GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE
SECTIONS 78-330, 78-1279(6)AND 78-1700
FOR PROPERTY LOCATED AT 1700 BOHN'S POINT ROAD
—FILE N0. 16-3814.
WHEREAS,Peter A. Santrach and Melissa A. Kreimer Santrach,husband and wife
(hereinafter the"Applicants")are Owners of the property located at 1700 Bohn's Point Road within
the City of Orono(hereinafter the"Ciiy")and legally described as follows:
Exlubit A, attached(hereinafter the"property"); and
WHEREAS, on February 17, 2016 the Applicants made a complete application
to the City for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction
of a new residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres
in area is normally required; and a variance to Section 78-1279(6) to allow said new residence to
encroach past the average lakeshore setback line where no encroachment is normally allowed;
and a variance to Section 78-1700 to allow hardcover of 27.2%where only 25% would normally
be allowed; and
WHEREAS, on March 21, 2016 after published and mailed notice in accordance
with Minnesota Sta.tutes and the City Code, the Orono 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 March 21, 2016, the Planning Commission on a vote of 3-2
recommended approval of the variances as requested; and
WHEREAS, on April 11,2016,the City Council reviewed the application and the
recommendations of the Planning Commission and City staff.
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 this property:
FINDINGS OF FACT:
A1. The analysis contained within staff inemos and the exliibits 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.
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C ITY OF ORONO
RESOLUTION OF T'HE CITY COUNCIL
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A2. The Property is located within the LR-1B Single Family Lakeshore Residential District
which requires a minimum lot area of 1.0 acres and a minimum lot width of 140' for
construction of a single family residence.
A3. The Property is 0.62 acres in area, being approximately 165 feet in defined width at the
OHWL of Lake Minnetonka and approximately 150 feet in width at the 75' lakeshore
setback line, and contains an existing single family residence. The property is considered
as legally nonconforming with regard to lot area. The property while being smaller than
most other lots in the Bohn's Point neighborhood, is sufficiently sized to allow
construction of a single family home meeting a11 required lot line setbacks and structural
coverage requirements.
A4. The property is located within Storm Water Overlay District Tier 1 which allows 25%
hardcover. The proposed construction to replace the existing home will decrease the
level of hardcover on the property from 29.0% to 27.2%, still above the allowed
percentage of 25%.
A5. The proposed construction will result in a conforming level of lot coverage by structures
of 14.99%where 15%is allowed.
A6. The applicants have owned the property for approximately one year and propose to
remove the existing residence and construct a new home on the site. A small portion of
the existing house is located 65' from the lake, while the entire new house is proposed to
meet the required 75' lake setback. However, because the adjacent property to the south
is vacant, the required Average Lakeshore Setback is defined by the setback from the
lake of the adjacent house to the north, which is 115' from the lake, hence a variance is
requested. A majority of the existing residence encroaches past the defined average
lakeshore setback line.
A7. The neighboring property to the immediate north which defines the average setback line
as well as most of the properties along the east side of Bohn's Point are much deeper than
the Applicants' property, and as a result the neighboring homes are set back at least 100
feet or more from the lake. Absent a variance to the 115' setback,the applicant's property
would have a buildable envelope of 25'-40' in depth and 120' in width, potentially
resulting in a long narrow home stretching from side lot line to side lot line, likely not in
character with the neighborhood.
A8. A critical factor in whether an average setback variance is appropriate is whether granting
the variance will negatively impact existing views of the lake enjoyed by neighboring
property owners. A majority of lake views for the adjoining home are directly toward the
lake, not across applicants' property, and existing evergreen screening between the two
homes provides a visual barrier. Further, the northerly portion of the new proposed
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RESOLUTION OF THE CITY COUNCIL
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residence will be set back from the lake approximately 10 feet further than the existing
house, so that any neighbor views that do exist will be opened up further.
A9. Proposed hardcover on the property consists primarily of the house and driveway, with
sidewalks, steps and patios accounting for the remainder. This is one of the smallest lots
on Bohn's Point. The proposed house footprint is within the 15% structural coverage
limit. Proposed hardcover at 27.2% is approximately 600 square feet over the 25% limit.
This amount is approximately equal to the area of the portion of driveway north of the
garage apron, which provides for the loop access and entry sidewalk. The proposed
hardcover decrease is accounted for in ancillary hardcover such as decks, sidewalks and
stairways.
A10. Applicants are proposing a reduction from the existing 29.0%to 27.2% hardcover, which
is a positive improvement. Additionally, the lack of nearby on-street parking and the
relatively small (compared to the neighborhood) lot size are practical difficulties
justifying the hardcover variance. The property is served by a long, narrow shared
driveway that is not wide enough to allow for parking, forcing on-street parking to be 200
feet or more from the proposed residence in the southern loop area of Bohn's Point Road.
This factor supports the need for additional driveway hardcover within the property.
A11. 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.
VARIANCE ANALYSIS:
B1. "Variances shall only be pernutted when they are in harmony with the general purposes
and intent of the ordinance . . . ." . Single family homes and the associated amenities ape
permitted uses in the LR-IB districx The average setback variance will preserve lake
views enjoyed by adjacent homeowneYs Hardcover will be reduced from its existing ZeveL
B2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan." The proposed new residence st�ucture is consistent with the
comprehensive plan guiding of this and sur�ounding prope�ties for�esidential us�
B3. "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:
i. 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."
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RESOLUTION OF THE CIT'Y COUNCIL
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ii. The plight of the landowner is due to circumstances unique to his property not
created by the landowner."
iii. The variance,if granted,will not alter the essential character of the locality."
The property owne� is proposing to use the propes�ty in a Yeasonable manner but the
specific location and size aspects of the �equest aYe not perfnitted by the Zoning Code.
The plight of the pYoperty owner with respect to the average setback va�iance is due to
the existing location of the adjacent p�incipal structure on the lot to the irrtmediate
no�th, which is located further fYom the lake than the minimum 75 foot setback;
applicants'property does not�xtend ZandwaYd far enough to meet the average setbacl�
This ci�cumstance is inherent to the lot and was not created by the landownen The
hardcover variance request is a function of the substandard lot size and the applicants'
desired house size and driveway layout; additionally, the added haYdcover for dYiveway
and off-st�eet parking is necessitated by the lack of on street parking within a
reasonable walking distance from the residence The lot was created prior to cur�pent
zoning standards and the substandard lot aYea was not created by the pt�operty ownen
The chaYacteY of the neighborhood is not likely to be significantly altered by
�eplacement of the existing residence in the manne�p�oposed
B4. "Economic considerations alone do not constitute practical difficulties." Economic
conside�ations have not been a factor in the variance approval detenni�ation.
B5. "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 applicabl�
B6. "The board or the council may not pennit 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 fa�nily residence is an
allowed use in the LR-IB Districz
B7. "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 applicabl�
B8. "T'he special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The ave�age setback that applies to this
property is unique and unusually lengthy due to the location of the home on the adjacent
property to the noYth. The 25% hardcover limitation applies to all Tie� 1 residential
pYoperties located at the lakeshore and is not peculiar to this pYope�ly.
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." . The standards applicable to this property apply to all otheY pt�operty in
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C ITY OF ORONO
RESOLUT'ION OF THE CITY COUNCIL
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the neighborhood; however, the existing location of the neighboring residence building
makes it difficult to replace the applicants' home in a location appropriate for the
prope�ty while sneeting the conditions imposed by the City ordinanc� Additionally, the �
remote location of the �esidence fi�om available on-street parking is not typical in this
neighborhood
B10. "The granting of the application is necessary for the preservation and enjoyrnent of a
substantial property right of the applicant." Granting of the average setback variance and
lot area variance is necessary to preserve the p�operly rights of the owne�to build a new
�esidence on the properly. While granting of the hardcove� variance is not essenttal to
maintaining the property ownet�s' rights to have a home on the property, the variance
would assist in p�oviding for off-street parking since the shared driveway serving as
access to the property is not wide enough to provide for on-stpeet paYking.
B 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." G�anting of the
aveYage setback va�iances would not impai�health, safety, comfort op morals and would
be in keeping with the intent of the zoning cod� Granting of a hardcover variance is
justified by �esulting in a reduction of hardcover f�om �xisting levels and will enhance
applicant and visitor safety by providing fo�off-slYeet papking.
B12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." Granting of the aver�age setback
variance is necessary to solve a pYactical difficulty. Granting the hardcove�variance helps
to solve the practical difficulty �elated to parlring in the area by providing for off-street
pa�king whe�e on-street pa�king is lacking.
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 78-330 to allow construction of a new
residence to replace the existing residence on a lot of 0.62 acres in area where 1.0 acres in area is
normally required; and a variance to Section 78-1279(6) to allow said new residence to encroach
past the average lakeshore setback line where no encroachment is normally allowed; and a
variance to Section 78-1700 to allow hardcover of 27.2% where only 25% would normally be
allowed; subject to the following conditions:
1. Council approval is based on the survey and site plans submitted by the Applicants and
annotated by City staff, attached to this Resolution as Exhibit B. Hardcover on the
property shall not exceed 27.2% as shown on the hardcover calculation worksheet
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RESOLUTION OF THE CITY COUNCIL
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attached as Exhibit C. Any amendments to the approved survey or site plan which are
not in conformity with City codes will require further Planning Commission and City
Council review.
2. Applicants shall comply with the permitting requirements of the Minnehaha Creek
Watershed District.
3. Authorities granted by this resolution run with the Property not with the Owners, but are
permissive only and must be exercised by obtaining a building permit for the project and
commencing construction of said project within one year of the date of Council approval,
or the variances will expire on that date (April 25, 2017).
4. 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.
6. The undersigned Owners have read, understand and hereby agee to the terms of this
resolution and on behalf of the Ov�ners and the Owners' heirs, successors and assigns,
hereby a,gree to the recording of this resolution in the chain of title of the Property.
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Adopted_l��-��rp��9��ity Council on the 25th day of April, 2016.
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Property Owner(s)
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� C ITY OF ORONC�
RESOLUT'ION OF THE CITY COUNCIL
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this J� day of �� , 2016,by
Peter A. Santrach,husband of Melissa A. Kreimer Santrach.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this � day of 2016,by
Melissa A. Kreimer Santrach,wife of Peter A. Santrach.
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EXF�IT A Reso{ution
RESOLUTION NO. � 6 � 3 '���bit A
LEGAL DESCRIP'i'ION UF PREMISES:
That�rt of Lot 3, "Auditor's Subdivision No. 349,Hennepin Cflu��y,Minnesota"described a,s
follows:Commencing at the pourt of i�ersection of t�e South�sterly line of Lot 11 in said
Audito�'s Subdivi�on No.349 aad the dividing line between Lats 3 and 4 in said subdivision;
t�hence Southeasterly alon�the dividing line betwe�n said Lots 3 and 4,a distance of 114.85
feet to the a�n�le point in said dividing line,said paint being the actual point of beginning of the
ttact of land to be described;thence Southerly along the divid'm.g line belween said Lot�3 a�d.
4,a distance of 130 fee�thence East deflecting to the left at an�gle of 90 d�egrees 14 minubes
to the shore of Lak�M�nne�tonka;�Northerly along shore of said lake ISO feet mare or
less to�e dividing line beiweea Lot�2 and 3 in said subdivision;thenae Westerly alcmg the
dividing line betvveen said Lflts 2 end 3 to the angle ponrt in last seid dividing line;thencs
continuing�Vesterly in a shaight line to the aatuHl poiat of beg�irming;except the Westerly 20
feet therea�said 20 feet being mea�u�ed at right angles to the dividing line be�tween said Lots 3
aad 4.
ALso an undivided 1/18 i�ere.st in Lot.s 10 and 11, "Auditor's Subdivision No.349 Hennepin
Couaty,�ota",
Togeth�r with aa easement for road pwposes over that part of�d Lot 3,lying Westerly of the
Westerly line of the premises hereinabove fitst dexn'bed and North�st�erly of a line descn'bed
as follows:Beginning at initial point of commencement of the ttact of land her�inabove
deseribed;th�nce Southeasterly along the dividing line betvveen said Lots 3 and 4, 114.85 feet
to the aagle pourt in said dividing line;thence oontinuing Southeasterly on�n extension of said
dividing line to th,e Westerly line of the tract o�land hereinabove descn't�d and there
t�minating,ss shown in deed I�c.No.316624.
Toge�her with�e�semem for ag�of way for driveway Pw�poses over that part of the
Westerly 2�Q fe�t of said Lot 3,lying Northerly of the South line of the pre�nises he�inabove
first descn"bed�i Sou�etly of the line drawn across said Lot 3,from�e�ng1e point in the
dividing line between Lots 3 and 4 to the angle point in the dividin�g line between Lob 2 end 3
in seid'Auditor's Subdivision Number 349,Henaepin County,Minnesota",said descn'bed 20
foot right of way being 20 feet wide as measimed at a right angle to the dividing line b�tvv+een
said Lots 3 and 4,as shawn in dead Doc.ATo.316624.
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CERTIFICATF OF 9URVEY FOR �p��_b
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C�ty of 4rono R���pon
� Hardcover Calculation Worksheet Exhibit C
p' Property Addr�ss: I'?Q+p �'���vl �'�". l4 O.t 4 �S'�9����,t'�!� �
Prepared by: ��a.��'f� ��A'�.���ic�/_��`,���°�` �ate: ,�M,,S�/� _ � 6 7 �
Stormwater Quafity OverSay District Tier: (Circie o�e} Tier 1 Tter 2 Tler 3 Tier 4 TEer 5
Step 2: ROPQSED H�IRDOC?VE�R
In the fol�owing tabte, tde�all items of proposed hardoover oe the proy�erty, keyed by letter to
Cer�ficate of Survey {survey must aocompany this fofm). ladud� aN e�g hardc�v�r ifiems th�t are
in#ended to remain, as well as atl proposed hardcav�r items thaf will be added. Use as many Cnes as
neoessary ta a�urateiy c[epict proposed hardcover status of tne Qropetty. For Tier � propert�es, ider�#ify
any features oy letter w�ich ere split st the 75' setbacic fine and c�lcutate hafdcover squ�re tootac,�e
se rat for esch rtion.
Suroe Hardcover lt�rn{D�crif�) Length x Wldth T� �are F�t
� 4'x 30' 0 S.F.
A S.f.
B " S.F.
C � •r �.� S.F.
� +° I $.P.
E
�.F.
F '8 d�/Z/ .r �• S.F.
� � S.�.
H � � �' S.F.
� S.F.
J
S.F.
� S.F.
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N s'�'
0 , 9.P.
P .�.
Q S.F.
R S.F.
s S.F.
T S.F.
� S.�.
d .�.
- .F.
X S.F.
Y S.F.
z S.F.
S.F.
1 Total P Hardcaver Q $.F.
Exdudabi�Ftaud�er Sise CI Code$ec 78-1684:
'C' .� $.P.
S.F,
' 8.F.
' S.F.
S.F.
Talaf Exctudable Hardoovar / S.�.
lVet Hantcover ct lirfe 2 from Me 1 S.F.
4 Totaf LotArea i0 S.F.
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RECENED
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� � +� ,� I� CRY OF ORCN�
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STATE OF MINNESOTA )
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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 meeti.��,of the
Orono City Council on April 25, 2016, with the original thereof on file�lniri���f�ce,`acid the
same is a correct transcription thereof. t �; ,,.. �"` �,., '� *":'�x
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WITNESS my hand officially as such City Clerk and the��tora�es�,bf'CI��,����'this
. 3�d day of May, 2016. � ; o; ti�'` . /Ir,'. � d� ;�
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