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Home My WebLink About#6830-variances-2018 Doc No A10529856 Certified, filed and/or recorded on Feb 20, 2018 8:01 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 58 Pkg ID 1658400E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. .,cLpNp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6830 LIKES H A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. 18-3993 WHEREAS, on December 1, 2017, on behalf of the property owner, Michael Hayes (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 684 Ton kawa Road and legally described as: The Southeasterly Half of Lot 5, and the Northwesterly Half of Lot 6, EXCEPT the Northwesterly 15.00 feet of the Southeasterly Half of Lot 5, Patten's Point First Division, 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 for the construction of a deck within the average lakeshore setback; and WHEREAS, on January 16, 2018, the Planning Commission opened a public hearing and recommended approval of the variances; and WHEREAS, on February 12, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council continued the public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 12, 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: 1. This application was reviewed as Zoning File #18-3993. 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. 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6830 'kESHo'0' 2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District. 3. The Property contains 0.68 acres in area and has a defined lot width of 87 feet at the 75 foot 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. Average Lakeshore 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 proposed deck addition will add 7 feet on the living room deck creating a 96.9 foot setback from the lake and the master bedroom deck will add 3.75 feet to the existing deck creating roughly 105 feet setback from the lake. The deck will marginally interfere with the sightlines of the neighbors meeting the intent and purpose for the average lakeshore setback with is a sightline setback for the lake as the most impacted neighbor, to the north is blocked by the corner of the house, this neighbor would see only the new deck. This criteria is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."The variance resulting in a permit for construction of a deck in a residential zone are consistent with the Comprehensive Plan.This criterion is met. 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 owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. This criterion is met. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6830 e4kFSHO'g" b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The neighboring home to the north is set back further from the lake than most of the surrounding homes resulting in the unique average lakeshore setback applied to the Property This criterion is met c. The variance, if granted, will not alter the essential character of the locality." It does not appear that the requested average lakeshore setback variance to permit the deck will adversely impact views of the lake currently enjoyed by the adjacent property owners.This criterion is met. 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 Improvements to a residential structure is an allowed use in the LR-1B Zoning 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 property abuts Lake Minnetonka with the abutting neighbor to the north sits behind the footprint of the home creating an angled average lakeshore setback which is unique to the property. 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 shape of the lot with the angled average lakeshore setback line and a curved shoreline is unique to this lot. 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." The applicant states that the variance is necessary. This criterion is met. 3 goLAii." p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G. 6830 NO. lgKfSHOa� 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 topography and location of the adjacent home to the north create practical difficulties affecting the Property 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 to allow the construction of the deck within the average lakeshore setback, 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 12/21/2017 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 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 construction and commencing construction of said project. An inspection must be completed within one year of the date of Council approval, or the variance will expire on that date(February 12, 2019). 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 12th day of February, 2018. ATT T: l CITY OF ORONO: Cm Ss_ef_. \--)0S2C2C)1_ - An a Carlson, City Clerk Dennis Walsh, Mayor 4 • • The Gregory Groupi_�� INVOICE NO. 86985 db.a N� / us.V •• RENO. 1094-50 LOT SURVEYS COMPANY,INC. /'./Fc> // j`, • \ SCALE:1*= _ 30' LAND SURVEYORS ,„ Mf�M' �/// g. i E•mblyhed In 1962 REGISTERED IJNDSR THE LAWS OP STATE OF MINNESOTA ';':10e �' s',� �r' : Zm N01 7M Amor Mk,ld, OST1 NP7p13 (./ ��'e \,t t �- '*-,^.'.... 0. IMe^nPuae*sem 11111 Pm No.Man/ �0 1 `d `k, mac ....- Q +J1IrUP1�IIr8 14" i 11 %b';1. `1,0.,.' y,. . .' 3 0 C�rrtifirtttr ��; F; ;,.,\ • 6 B EXISTING COMMONS SURVEY FO&, � ' / \\ \\\tee_, \\', \\ \ • MICHAEL HAYES HOMES i .� o / \\`\`s,\ -.... Resolution. 1 `\\\ , s E x h I b I t A Ptopeny rated in Sectio 6S,Tebmhlp 117,Reye 73, / %., \ x••.Pncaaar.nlva.,a -_ v_��` yep \ �Y Address 684 Tavke.e Roed,Otauq MN I // ^{ ',''Z-Y:. 1l.gt. - acct! 31<,• }..\ 40., nik-l� 7)arbCboom-IJf"Al eree 02 021W eq It tP.YINNR 1 /b 1 '`/ .R+\\ I #•.lv'. to}lite Rdg.tO .2,244,4 it 1 / 57'i / gg \.. ;' 3 . 1, ✓lulu Pont - n R Ar $3`�\i �o+4 .US,:pd /: ' .rlt� sn.► Z'-.�, Ir o IX Owe -671 epa + / aF �. � ...4 AnfrOe a-lJ3ge ,�,}ee1 '\ - #ylaee `�•1 kj'.- e1D.1\`\\•/AO'•T MMl s ,v.•:'e. .' M' ]Mpdofwe&onpeprer / . :�I�..2 1,.1{\ A, ; p 1�:•=-..�. �:``••�I' 0 ]TPeom OMVMidm.v / f` -\e\ l , , g1 4 yd�,-• d �F m pytpus q \ // f1 ` K/n-.-. r•1 \1 //f1yq'1/�le.e. I 11` \T,. f' RK�de1P segR \N / __ s .Isla.. I\... _I ••' Ramegye - f27S6i \ / `�((..• I` + @@F L. ., \ \I 131 v1 h of bulb La 75'Lake eetbu.b. Vel " ` ` '4. yr, \e 1 ` r2\ ';lr�% ��' Lgal DtempRom The SoulhaeWyHaV oC[.oc S,end lbeNxbwtecly Half of � j'�� / .. e;P' '{{µµ,,'_Y.r,. Lot 6,EXCEPT the No�wnt�y 15.00 bet of che Soutb�erly Half of Lot 5, r.af. rw C \\ / \\`\er 74 \ \\1 -%I, -__„ NetnL Point Plot Dhieloo,Hennepin County,Mlolwota •0 Imo' \I .s//,ef'1p'pr�� \` s;a.a% 3ry1� '• t The only woes ato.n nna piMaa1 oro xesamrum wowed q Want S 4 , T� '�' �fb' ,` p►,""i 111 1 ! latah uaar ora,wleWmnr,.pan.owweaMm.>�.�ae,n„ar.e �_ 4,4,_ a' \ 1 \ mbenlaW.w erel.m.alyts,,.alw eur\muneeea.lm aa.mora *- r. „r• y t �Y ' Rar..y.d ml.2em ay oto W.er sol P nu I dir Str 2a 9O �• I \ 6 cyte O - erat. 1 RECEIVED sewn -k•rt Req.No.21001 s� • N I i DTC 282011 R., vr.nAI \ I 1-IFI 7 Lase satbad andMerdcovrf '+. \i' 12-21.17 r+g Lakeshore setback TIN p1e flawCITY OF ORONO AI'ae®teaH•MN118N STATE OF MINNESOTA ) ) ss 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 February 12, 2018 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 14th day of February 2018. CeAA Anna Carlson, City Clerk (seal)