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Home My WebLink AboutResolution 6891 Doc No A10589267 Certified, filed and/or recorded on Sep 5, 2018 11:26 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 58 Pkg ID 1731913E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G� No. b 8 9 1 �'�kESH�� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1405 (8) b FILE NO. LA18-000063 WHEREAS, on June 22, 2018, Matt Johnson ("ApplicanY'), applied for a variance from the City Code for the property addressed 1432 Shoreline Drive and legally described as: Parcel A: A strip of Land in Govemment Lot I, Section 11, Township 117, Range 23, West of the Fifth Principal Meridian, said strip ofland having a uniform width of60.00 feet and bounded on the east by the shore of Lake Minnetonka and on the West by the shore of Mud or Round Lake, (so called). The Northerly line of which said 60 foot strip ofland is described as follows: Beginning at a point 585.84 feet Southeasterly measured along a line which bears South 10 degrees East from the meander comer of the NE comer of Government Lot 1, Section 11, thence North67 degrees 48 minutes East, 14.3 feet more ofless to the shore of Lake Minnetonka; thence South 67 degrees 48 minutes West 207.27 feet more or less to the shore of Mud or Round Lake(so Called);the Southerly boundary of said 60 foot strip being a line parallel with and 60 feet southerly from and measured at right angle to the northerly line of above described, excepting from said above described strip the public highway crossing said tract , according to the United States Govemment Survey thereof, (property across road not included in the contract) A1so, Parcel B: The Southeasterly 37.03 feet of Lot 2, Block 1, Dragonfly Hill, according to the recorded plat thereof, 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 78-1405(8)b to allow up to an eight foot privacy fence to an existing post 15 feet from the OHWL; and WHEREAS, on July 16, 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 July 16, 2018, the Planning Commission recommended approval of the variance; and WHEREAS, on August 13, 2018,the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G� No. 6 8 9 1 �'�kESH�� 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. This application was reviewed as Zoning File #LA18-000063. 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-1A Zoning District. 3. The Property contains 0.30 acres in area and has a defined lot width of 100 feet. 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. fence in the 75 foot lake yard and average lakeshore setback 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 proposed fence location is in harmony with the intent of the Ordinance with creating a separation between a commercial and residential property. The Commission also discussed the existing 8 foot shrubs and a new eight foot fence would not create a new site line intrusion. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."An addition of a fence to a property with an existing home is consistent with the comprehensive plan 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� � No. � g 9T ?— G �'�kFsxo�`�' 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difFculties,' 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 reasonab/e manner, however, the proposed use is not permitted by the o�cial controls. The use of a fence is a reasonable accessory use within the LR-1A District. b. The plight of the/andowner is due to circumstances unique to his property not created by the landowner. The property has a limited space due to the lakeshore on both sides and the commercial use of the parking lot to the south of the property creates a more intense use of the abutting property. c. The variance, if granted, will not a/ter the essential character of the locality." A fence should not alter the character of the area. 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 a fence is an allowed use in the LR-1A 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 75 foot lakeyard setback covers majority of the property making the space peculiar. 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s�, `� No. 6 8 9 1 ��kFSHO�� ATT ST: CITY OF ORONO: An Carlson, City erk Dennis Walsh, Mayor 5 Exhibit A , , � � 8 � i � , i , � ��, �� ,� � -' �- �;' =�- i ` Resol No. �., �<<, - ,� � " �� -, � , i�� r,,T, '�I � .,� �� - ``'{ ,�';� . 1 ; � i�� LA18-000063 , , ,� . � i � ; :\, � , �___- , ,, - , i �, �[� n i�nn ir-i �i -' ��,' ,' .d " � i � �\ � � v i ��7 U i v i �_ � i-f'"'—�_�� /I � i � �� u..,....�.�..,e....� 1 �� p+ -.ur u.--'--- --+-, I ao..�.��u...�o.r.aw �' � _--,-', � � ��s,��`O'�� `t ll� a� � p`�� "��.:r.��.=`��- � ..�_ '�` '-' �'' , � I �;4 �� `� ? � a�i � �:'W,.."..�....,.,..._:r.:-�:�...., � ,v � K� � ,a � ._�.�....,....��_......... � ,r ` �� Y��u � �\ �y � .�.:�� ..�....�...�.,..... ...�._......:.........r.,..� I' � � � \ .e• $ � �4 � � ,,.��._.�.....w M1�.......�_ '� o ' �`,.,+P ` / � ..��..�._...............r..� d ..� � , � � � I � i � �...,'...._........��..._.��...,�.. � { � \ �� I �I I 1 � � � ,�+• �� 1 � . -"� "a."�""`a..ow+rr"ar.`�u`�o..ru...o.r..r�� I �� I L_L y I � 7 � I �� •r.r...rrarr.�..r... �� J6i N \ '�',,',1 � �y_ "J 1 I � I �• � Trr��.`.rr�.rr�r�r.rrr I r� \�"� \� �'•��}� u1rr --1 ' 1 � � i ��.M+��r+w.r�w� \ \ e "� \6� 'E I � � �"" �o�w��rw��-�.r�w'ns�i.rrru \ e. \ + , l� �- p1� i I �1 ' rllr: . 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