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Home My WebLink About#1711-denying variances-1984 �,` „ � Clty of ORONO RESOWTION OF THE CITY COUNCIL � NO. 1711 • - • • � ��is �r�� S �fE� ��CROFOIMED A RESOLUTION DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 16.24 SUBDIVISION 5—B FILE $82B WHEREAS , the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS , pursuant to State Statutes 412 et. seq. and 462 et seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public, health safety and ge.neral welfare; and i�HERE.AS , Lonie Fisk (hereinafter "the applicant") has an interest in the pronerty legally described as Lots 7 and 8 , Block 2, Minnetonka Summit Park (herzinafter property) within the City of Orono (hereinafter "the City") ; and WHEREAS , the aoplicant has applied to the City for variances to Municipal Zoning Code Section 10.24 5, (B) to permit the construction of a principal structure on a property that contains 10 ,761 .92 sf or 25% of the required 43 , 560 sf in area and 125 feet or 9Q!% of the required 140 feet of lot width; and WHEREAS, the City Council has reviewed the application; the recommendations of the staff and Planning Commission; the comments. and written statements submitted by the neighbors and their attorney; the comments and written statements of the applicant and applicant ' s attorney, NOW, THEREFORE, BE IT RESOLVED, that the City Counci 1 of the City of Orono hereby denies the requested lot area and lot width variances for the property described above based upon one or more of the following findings of fact concerning this property: FINDINGS 1 .. , � City of ORONO RESOLUTION OF THE CITY COUNCIL � NO. _ 1711 • - • • � °t'�g� l��.�� .�� ,- . �� :�� 1. As of January 1 , 1975, the property has been zoned LR- 1B, Lakeshore Residential Zoning District, requiring a minimum of 1 acre in area and 14P1 feet minimum width. Based on the zoning district's required performance standards, the proposed use of the property as a residential or buildable lot would require the following variances: a) Lot Area required = 1 acr� or 43 , 560 sf existing = 1P1 , 761 . 92 sf or 25% variance = 32 , 798 , 08 sf or 75a b) Lot width required = 140 feet existing = 125 feet variance = 15 ' or 1P1� 2. Prior to 1975 , the property was zoned R- 1C, effective since September 14, 1967, a residential zone requiring a minimum of 1 acre in area and 140 feet minimum width. 3. Per the assessment policy of the 73- 1 sewer district, and the performance standards of the R- 1C district Lots 7 and 8 were each assessed a 1/4 unit. Five other vacant, sub- standard lots within Block 2 of the Minnetonka Summit Park plat were also assessed a 1/4 uni�t each. 4. From 1965 through 19Z4 Premier Realty was the fee owner of the property. A cabin or residence constructed sometime in the early 190Q! ' s was rented up to the mid 1960' s. 5. In 1974, Home Federal Savings and Loan foreclosed on the mortgage and the real estate taxes remained unpaid on the property. The residential structure fell into disrepair and as a result of a hazardous building action commenced by the City in 1976, the structure was razed in that same year. 6. In 1977, Home Federal Savings and Loan filed a lot area and lot width variance application with the City to construct a new residence on the site. The application was denied based on the 2 , r � clt� o� oR,oNo RESOLUTION OF THE CITY COUNCIL � NO. 1711 • - • • . T��S �� S �EE� ��a following findings: a) the lots were "too substandard" b) therewerevacant, contiguouslotsavailablefor combination c)advised applicant of the City's assessing policy in 1973 for this neighborhood which was to have these substandard lots combined per current zoning standards. 7 . The lots were forfeited to the State Land Department in 1981 . 8. On January 11 , 1982 , the City adopted Resolution 1354 , releasing the two lots for public sale with the following notice to the public: . "Release of these lands by the City Counci 1 does not constitute an assurance that each parcel is or will be approved as a building site. All parcels remain subject to all applicable zoning ordinance provisions , including those regulations providing for minimum lot area and minimum lot width. Substandard parcels may be useable only in combination with other adjoining parcel (s) and/or may be subject to prior approval of zoning variances by the City Council. " 9. On August 22, 1984, Curtis Fisk of 40 Lakeview Avenue, Tonka Bay, MIV 55331 purchased the two lots for a combined price of $7 , 210.00, Lot 7 at $4, 120.00 and Lot 8 at $3,994J.00. Hennepin County Department of Property Taxation conditions all sales of properties 2ither at public auction or over the counter with the following disclaimer: CONDITIONS - Sales are subject to existing leases, to building restrictions appearing of record at the time of forfeiture and to easements obtained by any governmental subdivision or agency thereof for any public purpose. The appraised value does not represent a basis for future taxes. Contact the city where the land is located for details of building codes or zoning laws. ALL PROPERTY IS SOLD "AS IS" AND MAY NOT CONFORM TO LOCAL BUILDING AND ZONING ORDINANCES. THE COUNTY MAKES NO WARRANTY THAT THE LAND IS 'BUILDABLE'. ALL SALES ARE FINAL, AND NO REFUNDS OR EXCHANGES ARE PERMITTED. " 3 Clt� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1711 • � • • - �� a� �� y�� 1 �1. On February 27 , 1984 , Lonie Fisk of 723 Water Street,Apt. 103, Exc�lsior, MN 55331 and son of Curtis Fisk applied for a lot area and lot width variance. 11 . In a sworn affidavit and in oral comments made before the Planning Commission and Council of the City, the applicant has sworn "That, prior to purchasing the property, I had no notice that there might be zoning defects relating to the property. That I checked with an official of the City, who did not inform me that there were zoning defects with respect to the property." Applicant has produced no other evidence regarding the identity of the official to the alleged conversation. 12. At the Council meeting of October 29, 1984, staff advised the Council that both the Zoning Administrator and the Building Official had worked with Curtis Fisk on two previous zoning application reviews. T'ne two most likely officials of the City � to receive such calls were never questioned by Lonie Fisk or • Curtis Fisk as to the buildability of the combined lots . 13. The current pattern of development for the Minnetonka Summit Park plat per the LR- 1B Zoning District Standards effective January 1, 1975, have been as follows: a) 1974 - combination of 4 lots - total area .86 acres b) 1976 - combination of 3 lots - total area . 59 acres c) 1979 - combination of 2 lots - total area. 59 acres d) 1979 - combination of 4 lots - total area .79 acres e) 1981 - combination of 5 lots - total area .62 acres f) 1983 - combination of 6 lots - total area .89 acres g) 1983 - combination of 2 lots - total area .52 acres 14. The applicant contends the City will deny him equal treatment and protection under the law if we deny him a building permit because the City has approved building permits for lots requiring the same degree of variances if not greater than those sought by applicant. Staff ' s review of the City' s past actions on variances granted for the substandard, sewered lots reflects the following: 4 � cit� of oR,oNo RESOLUTION OF THE CITY COUNCIL � NO. 1711 • ' • • �� L� �� a) #8P12, John Munsell - LR- 1B 1 acre variance area, 14Qlfeet width; proposed area 10,0410 sf or 23%, proposed lot width 50feet or 36 0. Merton Crooker , fee owner of the property for over 3PJ years maintained a summer cabin that lacked sanitary facilities, sewer was not availabl�. Crooker applied to the City for building oermits to -upgrade the principal structure and was � consistently denied on the basis that any improvement would intensify the use thereby creating potential hazards to the public health, safety and welfare. The City advised Crooker that sewer would have to be made available to the property before improvements could be made to the structure. On July 13 , 1983 , the City approved Resolution 1294 including the Crooker property in a limited sewer project. Crooker could have connected to sewer and made the necessary repairs to the exisitng structur� with building permits for no zoning review would have been required. The c�bin remained vacant and was vandalized. and was razed per a ha2ardous building action. Munsell applied for lot area anci lot width variances to construct a new residence. The City approved the variances based on many of the findings noted in Resolution 1294 and in addition advised the applicant to petition the City for release and private sale of an adjacent lot of similar size owned by the City. The surrounding neighborhood (Highwood) is old and already established, the development size of this lot is consistent with nearby Highwood neighborhood. b) #800 Thomas Burnevik - LR- 1C 1/2 acre minimum area, 100 feet width - proposed area 7 ,500 sf or 35�, proposed width 501 feet or 50% - Once again under one owner for many years , City refused improvement of existing cabin until sewer was made a vailable. The property was included in a limited sewer project and was assessed a sewer unit in 1983 and a water unit in 1982. Burnevik had to apply for lot area and lot width variances because the existing structure was to be removed and a new residence relocated on the property. c) #780 Gerald Bloms - LR- 1B 1 acre minimum area, 140 feet width - proposed 17 ,960 sf or 39% the lot area is consistent with all single developed lots in the Forest Arms Country Club 5 . � f N . Clty o ORO O RESOLUTION OF THE CITY COUNCIL � NO. 1711 • ' • • .. �� ee�� _ . . � � � � ��'r�``V?��°(%^r•� ,'�i=�i'�� F■ ��4� ��f .•,�„ f� l >��r..., . . ..rs �}�'t> Addition. All of the 16 lots within this plat have been developed as single lots - all have been assessed a sewer unit. d) #658 Steve Coddon - LR- 1B 1 acre minimum area, 14PJ feet width - proposed .44 (.P15 deeded to City for road) or 44$, 128 feet or 9.5%. The property was tax forfeit and approved for release and sale to public by the City. The property was assessed a sewer unit in the 73-1 sewer project. The lot is the . same s i ze as the deve 1 oped 1 ot next door but sma 1 ler than the lots more recently platted in the Pirates Cove plat on the north side of ti�e access road. e) #808 Gary Nunnally (third renewal variance application) LR- 1C 1/2 acre minimum area, 10(d feet width, proposed 11 , 296 sf or 52% , 5�J feet width or 50% lot area and lot width variance required to build new residence on subs�andard lot that already had an existing residence connected to sewer. This is an older, established lakeshore neighborhood, the lot is consistent with the majority of the developed lots in the surrounding neighborhood. f) #731 Charles Hommeyer - (renewal variance) - LR-1B 1 acre minimum in area, 140 feet width - proposed 22,525 sf or 52°s, 101�! feet or 71 �. A residence had existed on the property for over 5�1 years and the property was assessed for sewer unit in the 73- 1 sewer project. Applicant has an additional 12,504 sf in lot area divided from building site by an unimproved dedicated road that could not be credited but is used as part of developed lot. The building site is consistent with current pattern of neighborhood development in the Minnetonka Summit Park neighborhood. g) #607 Robert Bredeson - LR-1B 1 acre minimum area, 140 feet width - proposed 23 , 0P10 sf or 53 %. The property had an established residence on the property connected to municipal sewer. The owner wanted to build a new residence and relocate the new structure on a unique peninsula lot. The lot is larger in area than the majority of surrounding lots in this older established neighborhood. h) #664 Steven Posnick - LR- 1C 1/2 acre minimum area, 100 6 � City of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1711 • - � • �'+,i� +rr r � ;� i�4`a �' �'jr - �,� z �n ..� 4 J�' -'r i'';�)�c�� l��y � �{t�:'., � ,a ,g p.� ��'q�1�. L'?� 4 � y�u� �• �;F:„ t�d/�;`.,' �°e�;��a�� J 8:.. feet in width - proposed 12,870 sf or 49% in area and 50 feet or 50s - A cabin had existed on the property and was removed in December of 1971. The lot has been assessed for sewer and has been in single separate ownership for many years. The building site is consistent with the current pattern of neighborhood development. All lakeshore lots on Baldur Park Road are developed singl.e lots as the Posnick lot. 15. On October 29, 1984 , at a public hearing on this particular issue, the Council. requested a legal opinion from the City Attorney. The City Attorney advised the City Council that after review of the relevant Minnesota state case law, as well as case law from other states provided_ by attorneys for the applicant and neighbors , there was no prohibition against a denial of the variance under these circumstances. The City Attorney further advised the Council that the questions presented in this case have never been addressed by the Minnesota Supreme Court; thus, the matter is an open question. The City Attorney, however, further advised the Council that case law from the states of Illinois and New York upheld denial of variances under facts similar to this one. Particularly relevant to those court decisions was the fact that there had been offers to purchase the property, which would have protected the landowner from any loss investment in the land. 16. At that same meeting, the Orono City Counci 1 directed staff to draft a resolution of denial based upon the following findings: a) The property can be put to a reasonable allowed use; it can be combined with the adjacent property; and there is an outstanding offer to purchase by the adjacent property owner. b) The intent of the application is contrary to the letter and intent of the Orono Comprehensive Plan. c) The development and/or granting of the variance would set an adverse precedent in the City. d) The applicant/purchaser should have had knowledge of the 7 � Ci.ty of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1711 • - • • f'� �'-= �<�"�� ;;` �,i;i r �: .. . . . _ _ �xr,:U t,>;a.:�•.:�J � -ri;� At: .� °�♦ ��' - � - ;�a +r''.� ':�,AiS n . i y i� '�, �:�. '- ' - c.: .. ._ zoning code requirements prior to purchase. Any hardship seems to be self imposed. e) This is a tax forfeit property. f) A total of one-half sewer unit was charged indicating intent on the part of City that the lot is substandard. � g) No lateral sewer assessment was laid against this property thereby again indicating the substandard status of the property. h) The property falls short so far of the zoning standard that it is too great to enable justification of granting of the variances requested. i) The property does not conform to the current development pattern of the neighborhood. 17. In denying this application, the City upholds its previous action in denying lot area and lot width variances for the same property (August 27, 1977 , - Home Federal Savings and Loan) in consideration of the following: a) The same performance standards are still in effect today: LR- 1B (effective January 1 , 1974) 1 acre area - 140' width R-1C (effective September i4 , 1967) 1 acre - 140 ' width b) At the direction of the 1977 Counci l , the appl icant was advised to acquire the vacant lots. An owner of the adjacent vacant lot appeared at one of the public meetings and was advised to contact applicant to arrange a lot combination. c) The property has not been improved and sti 11 requires an excessive area variance. 18. Approval of an application that requires a 75 per cent 8 clt� o� oR,oNo RE30LUTION OF THE CITY COUNCIL � NO. 1711 • - • • �'�'�� `�� $ � �� '� �� variance to lot area would establish a negative precedent in the future development of the Minnetonka Summit Park neighborhood. A review of the ownership pattern of the remaining vacant lots reveals one, two lot combination and three, single lots . 19. The standards and intent of both the City's Zoning Code and Community Management Plan would no longer have any effect if the City establishes a precedent of approving variances of this degree. The LR-1B 7oning District alone contains 88 vacant lots, 34 or 39a of these fall within 201-40 percent of the required area. The findings cited in each of the variance applications reviewed in this resolution presented unique circumstances. In review of similar criteria, what is unique about E'isk's request in consideration of the following facts: a) A previous fee owner failed to amend the variance application of 1977 and acquire additional lots at the time they were available. b) There is no structure on the property. The previous residence was razed in 1976 and had not been in use since the mid 1960 ' s. c) A two lot building site is not consistent with current pattern of neighborhood development. The smallest building site approved since 1975 totaled .52 acres, but that lot had an additional 12,000 sf of land separated or divided by an unimproved public road. d) The property was not assessed a full sewer unit because the property was substandard in 1973 when the sewer district was established. The intent of the sewer assessment policy has been stated for the public record - one quarter unit for each vacant, substandard lot. e) The question of the applicant's knowledge of the zoning code standards prior to application for a building permit to the city appears questionable in consideration of the following facts: 9 City of ORONO RESOLUTION O� THE CITY COUNCIL � NO. 1711 • - • • ��r� �� -�,, '� ��tA�� f�R s�:�q - @�.�' � 1,.4�. � �� .� F��;�� L �`t�� ,��.e� ��3��! ��!' ��,� 1. Public notice by both Lhe City and Hennepin County that lots released for sale may not satisfy all zoning standards. 2. The applicant's father and actual purchaser of the lots had worked witn officials of the City on two previous zoning applications. 3. The aoplicant is involved in building construction and should have a general familiarity with development practices. The very fact the property is tax forfeit would strongly suggest to even a building novice that there may be problems with the buildability of. a property. 20. The granting of the required variances would result in the following violations of Section 10.418 Subdivision 3.A of the Zoning code with which the applicant must first comply before the request2d variances can be granted. a) In re�iew of the factual findings noted above, the plight of this appl icant was created by his own actions and has nothing to do with a unique hardship related to the land. b) In reivew of the factual findings noted above, the City finds that the essential character of the neighborhood will be altered if a building permit is issued for this property. . c) In review of the factual findings noted above, the City finds that to establish a precedent that would allow severly substandard lots to be developed to be in complete conflict with the established environmental standards for lakeshore development within the City and to be detrimental to the public, health, safety and welfare. The City also looks to the broader , environmental principals and goals set forth in its Community Management Plan and the intent of the specific zoning district when deaiing with matters related to the public, health safety and welfare. Issues involving the public health, safety and welfare are not only resolved in securing the obvious 1 PI City of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1711 • - • • - � :;�� ,:�,,, , r k A" . :� t A �� .,v r ��rr � � � -�, i, �'��'� '� � n � r i+v.;.'4Cz �y."�.- ' � . � � �.:Y � f , . �'`�`�'� a f eT . . _ ' � .J.i - ,. , traffic and drainage concerns of surrounding property owners but the City also must provide its citizens with a designated and approved optimum level of density, open space and quality of life. 21 . The substandard property can be put to a reasonable use by combination with adjacent properties. Donald Meyers, owner of combined lots 5 and 6 adjaeent to property on the nortn boundary line, made an informal offer to purchase the pronerty. 22. On November 20, 1984, Lonie Fisk formally accepted in a written letter submitted to the City, Donald Meyer's offer of $8 , 500.00. 23. On November 29, 1984 , Mr. Fisk advised the City that Mr. Meyers had agreed to ho�nor his offer of $8 , 5�0.f60 . Adopted by the City Council of the City of Orono, Minnesota, at a regular meeting held December 10, 1984 . C. Mary C. Butl� , Mayor ATTEST: c-/!� /i Dorothy . Hallin, City Clerk 11