HomeMy WebLinkAboutReso #6797 2DCP0 /V/dr/A Sha{- <2)0 V
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Doc No TO5486982
Certified, filed and/or recorded on
Oct 20, 2017 4:30 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 1618134M
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1448429
This cover sheet is now a permanent part of the recorded document.
\Wrp CITY OF ORONO
IL RESOLUTION OF THE CITY COUNCIL
NO. 6797
C
.e c>
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279, 78-330, and 78-1439
FILE NO. 17-3967
WHEREAS, on August 23, 2017, Michael and Vanessa Smith ("Applicant[s]"),
applied for a variance from the City Code and on September 7, 2017 the application was deemed
complete for the property addressed 3060 North Shore Drive and legally described as:
Tract A, except the highway, Registered Land Survey No. 717, 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 78-1279 to allow lake yard setback and average lakeshore
setback; and
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-330 to allow side yard setback and lot width; and
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1439 to allow crowding of the principle structure; 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
approval of the variance; and
WHEREAS, on October 9, 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 the requested variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1
AWN. CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y*IL�� NO.
06F70917
G
kL
1. This application was reviewed as Zoning File # 17-3967. 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 1.4 acres in area and has a defined lot width of 107 feet at the 75'
lake yard setback.
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 variances:
a. Lake yard setback
b. Average lakeshore setback
c. Lot width
d. Side yard setback
e. Crowding of principle structure
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 lot width variance is consistent
with the general intent of the Ordinance. The requested average lakeshore
setback variance is in harmony with the Ordinance as there is currently a deck
encroaching into the setback and by adding a roof and screen walls, the
neighbors lake views should not be impacted by the expansion. The side
setback variance requested for the home is reasonable considering the
existing encroachment. The crowding principle structure setback is existing
and is not proposed to encroach closer than existing to the accessory
building.
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
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� t)1C-
liLOA4
NO. 6797
`-'kESH0'-
G
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:
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 home in the proposed location,
within the side setback and lakeward of the average lakeshore setback and
75' lake yard setback, appears to be reasonable as the property's narrow
shape creates a difficulty and owners are not encroaching closer to the
lake then the footprint of the existing home.
a. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The substandard width of the property is not a result of actions by the
landowner. The setback encroachments are not increasing closer to the
property lines.
b. The variance, if granted, will not alter the essential character of the locality."
The lot width variance will not alter the character of the neighborhood. It
does not appear that the average lakeshore setback and 75' lake yard
setback variances to permit the new home and enclosed deck for a screen
porch will adversely impact views of the lake currently enjoyed by the
adjacent property owners. Additionally, the requested side setback
variance and crowding principle structure setback does not create an
increased encroachment to the property lines.
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.
3
IL
�DN CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� NO. 6 7 9 7'
l4 G ESHOQ't
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-1B 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 width of the lot as well as the curve
of the shoreline create a unique circumstance which is peculiar to the property.
9. "The conditions do not apply generally to other land or structures in the district in which
the land is located."The width of the lot as well as the curve of the shoreline create
a unique circumstance which is peculiar to the property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Staff finds this condition to be 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." 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 width of the property and
the curvature of the lake shore along with the placement of the existing
structures on the lot create practical difficulties affecting the property; the
variances are necessary and do not merely serve as a convenience to the
owners.
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 78-1279, 78-330, and 78-1439 to allow
lakeyard setback. Average lakeshore setback, lot width, side yard setback, and crowding of
principle structure, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
4
AWN-
p CITY OF ORONO
CI RESOLUTION OF THE CITY COUNCIL
s� NO. 6797
`4kESHO��
2. The approved project shall conform to the survey dated September 7, 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 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 9, 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 9th day of October, 2017.
ATTEST: CITY OF ORONO:
0
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Anna Carlson, City Clerk Dennis Walsh, Mayor
5
p. Resolution No. 6 9 7
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LEGAL DESCRIPTION: \
Tract A,except the highway.Regidaed Land Survey No.717,Hennepin County,Minnesota `� �.\ '�\ 'l 1 �\
SCOPE OF WORK&LIMITATIONS: \ `' s•-• \ ., \
1. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include '\ -
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determining what you own,which is a legal monger. Please check the legal description with your records or consult with competent legal « \counsel,1,if necessary,to make core that its correct and that any molten of record,such as easements,drat you wish to be included on the `\M ••
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survey have been shown. \ ` \ . \. '� /
2. the location ofobs observed owe deem for the survey. $a \ ` /
Showing g Moi.g hap ovement necessary \ \ v
3. Selling survey makers or verifying existing survey markers to establish the carters of the property. •- \ss\ `\ \ .T 1 _ /
4. Showing and tabulating impervious aufoce coverage of the lot for you review and for the review of such governmental agencies thin may ,4 / •f
have jmiadicamova these requirements to verify they ore correuly shown before proceeding with concoction \';'''. `s.
5. Showing elevations on the site at seleoled locations to give some indication of the topography of the site.We have also provided a \\ �` '-•
benchmark for your use in determining olevaims for construction on this site.The e/evationa shown relate only to the bambino k provided \ ` \ .yam/
on this survey.Use that benchmark shad check at least ono other feature shown on the survey when determining other elevations for use or �\ �\ s \ i// u3597W c Cm,TIw ——"e——
this site or before beginning comb-Lid/on. \ fie." / ,M ��p SPOT 6/7417.24' .sons
6. Note that all building dimensions and building tie dimension Wfront to the property linea,are ren the siding and or stucco often building. \�) \ n / V
7. While we show a proposed loc.tioo for this home or addition,coortoplow /ri )
cos are t familiar with your proposed pl. you,yourarchitect,or the •• ' d .v up^ /r PllaP4SED CUTIN -w—
builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans u.� 4' .3 r. /
mf condor/ionhegira. Also,we are not e9 familia no with local codes and minimum requirements the local building and wining / / IQ P of nus
officials in this community are. Be are to to said show this surveyid officials,or any other officials that may have jurisdiction over the j-• /�flaw ar+�,�snnnv NNS/
proposed improvomrots and obtain their approvals beforebegirmimg constructiona planning improvement to the property. --__ • a Pym // 64/.41(16,IR/,VN-.Moi =.
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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
meeting of the Orono City Council on October 9, 2017 with the origp�l 4r "•3 file in
my office, and the same is a correct transcription thereof. 4,rt�
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WITNESS my hand officially as such City Clerk an1'cr orateis0120, tl
City this 9th day of October, 2017. • xi,. '' •, p f. ; '
4• \ f �a
Anna 1dp, ittt'C'lerl ty.�r`
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