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Home My WebLink AboutResolution 6837 9 11111 Doc No 705518422 Certified, filed and/or recorded on Mar 19, 2018 12:07 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 49 Pkg ID 1667904E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1408866 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yt G� NO. 6837 gkESHOiLt A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA18-000004 WHEREAS, on December 29, 2017, Christopher Neugent and Leslie Neugent (hereinafter the "Applicants"), applied for variances from the City Code for the property addressed 710 Big Island and legally described as: That part of Government Lot 6, Section 22, Township 117, Range 23 West, described as follows: Beginning at the intersection of the East line extended of Recreation Point(now vacated)with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, to its intersection with the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly through a point marked with a judicial monument distant 165 feet from the Southeast corner of said Lot H along the Southerly line thereof, to the Southeast corner thereof, which corner is marked by judicial monument; thence Southeasterly in a straight line to the Southwesterly corner of Lot T of said addition,vacated,which corner is marked by a judicial monument;thence Easterly along the Southerly line of said Lot T to the judicial monument,;thence North along the East line of said addition,vacated,through a point marked with a judicial monument distant 320 feet from said Southeast corner of said Lot t, to the point of beginning (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 expansion of a screen porch and creation of a mudroom addition, lakeward of the average lakeshore setback line; and WHEREAS, on February 20, 2018, 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 February 20, 2018, the Planning Commission recommended approval of the variances; and WHEREAS, on March 12, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 AzLOAI CITY OF ORONO RESOLUTION OF THE CITY COUNCIL *tt' NO. 6 8 3 7 kESHO�� 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 # LA18-000004. 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 RS Zoning District. 3. The Property contains 2.38 acres in area and has a defined lot width of±380 feet at the 75' setback and ±460 feet at the OHWL. 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 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 variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." The requested variances are consistent with the residential goals within 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: 2 *111(1:".;) � CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiG` NO. 6837 &ESHO� 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 minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance, if granted, will not alter the essential character of the locality." The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met. 4. "Economic considerations alone do not constitute practical difficulties."The Applicants have not requested consideration based on economic criteria. 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 criteria 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."The use is permitted; this criteria is not applicable. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This criteria 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 is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL *14'e G` NO. 6837 k6SHO 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. 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."This statement is 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."The proposed cabin additions will not impair the health, safety, comfort or morals of the public.This criterion is met. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Applicants have demonstrated practical difficulties which support granting average lakeshore setback variances to permit the improvements lakeward of the average lakeshore setback line. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby denies variances from Orono Municipal Zoning Code Sections 78-1279 to permit construction of the mud room and screen porch addition lakeward of the average lakeshore setback; subject to the following conditions: 1. Council approval is based on the survey by Kemper & Associates, Inc. dated 12/13/17 and building plans dated 12/08/17 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. 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 on the cabin additions within one year of the date of Council approval, or the variances will expire on that date (March 12, 2019). 3. 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. 4 BLOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y*IlL G� NO. 6837 xE The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 12th day of March, 2018. ATTEST: CITY OF ORONO: r:LiAl_____ laKX )1, . 1..,i _ "Ina Carlson, City Clerk Dennis Walsh, Mayor 5 N- 0 O I. ) o R,ETD INC. THE NEUGENT PROPERTY a O ' 710 BIG ISLAND S' • ND0 / CITY OF ORONO, HENNEPIN COUNTY, MINNESOTA Z V' //// \ (PROPOSED NARDCOYFR CALCULATORS)yp � Q / ,�� LAKE MINNETONKA /0 4t ' _' 7`ma V &P'''..4.1" .1=4."5,.�� rte', 0' NETONKA ii r/ j', .11 I\ -♦I 1� .:��` __— ��, FE-16- ;�, /////p��,�, r lit 43/4•4'''s: _�-. /pair^�aI. j ' illkt Will AILAVAL.0 difiallille".s '''•-:--- ----------- --- ----=-7-,-f7---ir+ ,,,r4-----4.5% akil —..... .-1-11-Nabl- le, 0 AO 4's z-nr -;* t. ..‘-"tv-dr - ,'", (1/0 .... .. // /ii ift i� ��C4:0274010/0111k I �y� 1ea fai' GOO . , — °,. NOM,o M 031:9.°.m,. LEGEND .mom / II' �`� ;�. '� } 1� 1,0* Ykk ! 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