HomeMy WebLinkAbout#6582-variances/dening variance-2016 •
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Doc No A10348186
Certified, filed and/or recorded on
Aug 15, 2016 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 17 Pkg ID 1434871M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
•
Doc No T05367758
Certified, filed and/or recorded on
Jul 27, 2016 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 22 Pkg ID 1424278N
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1388266
•
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
G~
7t1
NO.
A RESOLUTION
APPROVING VARIANCES FROM MUNICIPAL
CODE SECTIONS 78-1279 & 78-1438
AND
DENYING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1438
FILE NO. 15-3795
WHEREAS, Spotted Dog LLC, (hereinafter the"Owner")is the owner of the property
addressed 1130 Old Crystal Bay Road South, and legally described as:
Lots 1 and 3, Block 1,Colwell Addition,according to the recorded plat thereof,
except that part of said Lot 3 which lies northwesterly and westerly of the following
described line: Beginning at a point on the north line of said Lot 3, a distance of 156.10
feet easterly from the northwest corner of said Lot 3;thence southwesterly to an angle
point on the westerly line of said Lot 3 a distance of 302.76 feet southerly from said
northwest corner, as measured along said westerly line; thence southerly along said
westerly line a distance of 162.64 feet to an angle point in said westerly line; thence
southerly to the point of curvature on the southwesterly line of said Lot 3 and said line
there terminating, Hennepin County, Minnesota, (hereinafter the"Property");
WHEREAS,on October 21, 2015,on behalf of the Owner, Robert Schnell and Beth
Schnell (hereinafter the "Applicants"), applied for variances from the City Code for 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 construction of a pool, pool
patio, deck and pergola (hereinafter the "Improvements") lakeward of the average lakeshore
setback as determined by the lakeward extent of existing home at 1100 Old Crystal Bay Road
South; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of the
Improvements as close as 75 feet from the OHWL of French Lake where a 150-foot structure
setback is required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1438 to allow construction of a swimming
pool within 6 feet of an adjacent deck and pergola where a 10-foot separation is required; and
1
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6582
`9kESH0°' NO.
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to permit installation of
stepping stone pavers within 75 feet of the OHWL of French Lake where hardcover is normally
not permitted; and
WHEREAS, on November 16, 2015 and January 19, 2016, after published and
mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission
held public hearings, at which time all persons desiring to be heard concerning this application
were given the opportunity to speak thereon; and
WHEREAS, on January 19, 2016 on a 5 to 1 motion, the Planning Commission
recommended to approve the revised plan as submitted; and
WHEREAS, on January 25, 2106, the City Council directed preparation of findings
for approval of the variances for lake setback, average lakeshore setback, and structure to
structure setback; and denial of the hardcover variance to permit the stepping stone pavers within
the 75-foot setback.
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the setback variances to permit the Improvements and denies the hardcover
variance 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 #15-3795. 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 RR-1B Zoning District.
3. The Property contains 696,204 square feet(15.9 acres)in area and has a defined lot width
of over 1,000 feet on French Lake.
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
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
5 8 2
� � ��~
NO.
1\01L4' IJ
kBSHO�
c. Structure to Structure Setback Variance
d. 0-75' Hardcover Variance
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..."
Granting the lake setback and average lake setback variances to allow the Improvements
to be constructed within 150-feet of the OHWL and within the average lakeshore setback
would be consistent with the majority of the large lot properties in Orono and will likely not
alter the essential character of the locality. The hardcover variance requested to permit
the stepping stone pavers is not in harmony with the ordinance which serves to limit
hardcover surfaces within 75-feet of lakes.
2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan."
Based on the size and orientation of the Property as well as the location of the existing home,
granting of the proposed setback variances would not be contrary to the intent of the
Comprehensive Plan and Zoning Code. The hardcover variance requested to permit the
stepping stone pavers within the 75-foot setback is inconsistent with the comprehensive plan
goals to limit and prohibit hardcover within 75 feet of lakes and streams.
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 consisting of a pool, patio and deck
which are residential in nature and reasonable from a residential scope.
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tAkESHo
NO. `� 5r� ;�
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The nonconforming location of the existing home which was not created by the
Owner.
c. The variance, if granted, will not alter the essential character of the locality."
Granting the requested setback variances to allow the Improvements to encroach
as close as 75 feet to the OHWL, lakeward of the average lakeshore setback and
lake setback, should not alter the essential character of the locality due to the size
of the Property and orientation of the neighboring homes. However,the hardcover
proposed within the 0 to 75-foot setback would alter the character of the locality of
French Lake.
4. "Economic considerations alone do not constitute practical difficulties."
The Owner has 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 existing home was constructed prior to the adoption of the Shoreland Overlay District
Regulations which established the Natural Environment structural setback of 150-feet for
French Lake. At the time of the home's construction, a structure was permitted to be
4
AZLOAi
kJ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
kkSHov-v
NO. Z.
constructed up to 26 feet from the wetland edge. This is similar for all pre-existing homes
on the properties abutting the south basin of French Lake.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."
The Property and other properties abutting the south basin of French Lake predate the
City's adoption of the Shoreland Regulations which established the 150-feet lake setback
and 75-foot hardcover prohibition.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."
Granting average lakeshore setback and lake setback variances to allow the
Improvements within the 150-foot lake setback is reasonable and necessary to preserve
the property rights of the Owner and supported by the nonconforming location of the home
on the Property. Further, the stepping stone pavers were not determined to be necessary
for preservation of a property right.
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."
This criteria 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 Applicants have demonstrated practical difficulties which support granting setback
variances to permit the construction of the Improvements lakeward of the 150-foot lake
setback and average lakeshore setback line. However, a practical difficulty was not
demonstrated which supports allowing the stepping stone paver hardcover within the 75-
foot setback.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby denies a
variance to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to permit installation of
stepping stone pavers within 75 feet of the OHWL of French Lake where hardcover is normally
not permitted. Further, the Orono City Council hereby grants a variance to Orono Municipal
Zoning Code Section 78-1279 to allow construction of the Improvements lakeward of the average
lakeshore setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow
5
CITY OF O8RONO
RESOLUTION OF THE CITY COUNCIL
construction of the Improvements as close as 75 feet from the OHWL of French Lake where a
150-foot structure setback is required; and a variance to Orono Municipal Zoning Code Section
78-1438 to allow construction of a swimming pool within 6 feet of the adjacent deck and pergola
where a 10-foot separation is required; subject to the following conditions:
1. Council approval is based on the survey by Gronberg and Associates dated 10/22/15 and
revised on 01/25/16 and building plans dated 12/16/15 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 septic permit to relocate the septic
tank and a building permit for the new construction and commencing construction of said
project. A footing inspection must be completed within one year of the date of Council
approval, or the variance will expire on that date (February 8, 2017).
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. The undersigned Owner has read, understands and hereby agrees to the terms of this
resolution and on behalf of the Owner and the Owner's heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the Property.
ADOPTED by the Orono City Council on this 8th day of February, 2016.
ATTEST: CITY OF ORONO:
•d�'r,� I- c.1Zc..i
ne Tiegs, City erk / Lili Tod McMillan, Mayor
6
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 5 5 8 2
k'ESH
Spotted Dog, LLC
A Minnesota Limited Liability Company
By: ,
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me thisA9 day of , 20/b by
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71 Jefine./1 , the Sedth-rt� (title)of Spotted Dog, LLC, a
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Minnesota limited liability company, on behalf of the company.
4�' e, MONICAA.FADNESS � ,
'" NOTARY PUBLIC-MINNESOTA a. -97414_644} My Commission Expires Jan.31,2017 Notary Public
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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 meeting of the
Orono City Council on February 8, 2016, 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 00o0(e see1 • the City this
30th day of June, 2016. '�'� �, • • °�i
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