HomeMy WebLinkAboutResolution 6936 11 11 111 11 111 M
Doc No T05592426
Certified, filed and/or recorded on
Feb 4, 2019 3:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1787631D
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1479202
This cover sheet is now a permanent part of the recorded document.
vLOArp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y* � NO 6936
I1kEsHo0'
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279
FILE NO. LA18-000086
WHEREAS, on October 17, 2018, Eric Vogstrom,an interested party(hereinafter the
"Applicant"), made an application regarding the property addressed 2710 Pence Lane, legally
described as:
Lot 2, Block 1, Pence Lane Addition, Hennepin County, Minnesota
(hereinafter the"Property");
WHEREAS, the Applicant has made an application to the City of Orono for a
variance from Orono Municipal Zoning Code Section 78-1279 for an average lakeshore setback
variance to construct a new home on the Property 120 feet from the ordinary high water level
(hereinafter the "OHWL"), 18 feet lakeward of the average lakeshore setback line as defined by
City Code; and
WHEREAS,on November 19, 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 November 19, 2018, the Planning Commission made a motion for
denial of the requested average lakeshore setback variance with a vote of 4 in favor and 2
opposed. The two dissenting votes indicated that they would have recommended approval of a
partial setback variance up to the line created by the nearest lakeside corners of the neighboring
homes to the Property due to the curvature of the shoreline; and
WHEREAS, on December 10, 2018, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
WHEREAS, on December 10, 2018, with a 2-1 vote, the City Council voted to
approve a modified average lakeshore setback variance as shown in Exhibit A;
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves an average lakeshore setback variance based on one or more of the following
findings of fact concerning the Property:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1- ,. NO. 6936
'IktSHov-cs"
FINDINGS OF FACT:
1. This application was reviewed as Zoning rile #LA18-000086. 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 a newly created lot located in the LR-1B One Family Lakeshore
Residential Zoning District.
3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
4. Applicant has applied for an Average Lakeshore Setback Variance.
5. 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 . . . ." To meet the Code defined average lakeshore setback,
the proposed home would be set back approximately 140 feet from the OHWL. The
setback pushes a new home into a narrow portion of the Property and the resulting lake
yard is deep and would be out of conformance with the immediate neighborhood.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The proposal to construct a single family house in this zoning district
is consistent with the comprehensive plan. The Property does not impact adjacent
properties direct views of the lake and is consistent with the comprehensive plan.
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 proposed home will be located further from the lake than the home which
previously existed on the Property (before the recent combination and platting).
2
CITY OF ORONO
RESOLUTION OF THE CITYCOUNCIL
NO. 6 9O
41cESH044'
The variance will result in the new home not being further lakeward than the
nearest house corners of each of the neighboring homes. The adjacent homes
located on the adjacent properties, which are utilized to establish the average
lakeshore setback are approximately 25 and 88 feet from the OHWL. The
locations of the homes offer limited opportunity to construct a home conforming to
the average lakeshore setback line as defined by Code.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The home to the west is situated as close as 25 feet from the OHWL and is located
on a severely curved shoreline; conversely the home to the east is situated on a
mostly straight shoreline and is set back approximately 88 feet from the OHWL.
This results in an extreme average lakeshore setback line as the Code defines.
The Applicant's home will be located approximately 138 feet from the OHWL. This
orientation was not created by the Applicant.
c. The variance, if granted, will not alter the essential character of the locality."
The majority of the homes on the same/immediate shoreline of the Property are
situated closer than 100 feet from the OHWL. The excessive setback applied to the
Property, approximately 138'-140' from the OHWL, would result in a change in
character. The setback based on the corner to corner measurement is more
consistent. The average lakeshore setback was adopted to preserve site lines to the
lake for the adjacent properties. Granting this variance will not alter the site lines of
the neighboring properties.
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 residential home is an allowed
use in the LR-1B 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.
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6936
j�KESHO4�
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."The home at 2709 Walters Port Lane is situated
as close as 25 feet to the OHWL. When paired with the home at 2715 Pence the applied
average lakeshore setback for the Property is unique and extreme. These conditions are
unique to the property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property is at the end of a straight shoreline with the home at 2709
Walters Port Lane on the west. The home, when paired with the Hueler home at 2715
Pence results in the unique applied average lakeshore setback for the Property. These
conditions are unique to the property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The Applicant has a right to construct a home
on the lakeshore property with a reasonable view and proximity to the lake. The variance
is the minimal amount necessary for the preservation of a property right of the Applicants.
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 intent of the
zoning ordinance is to provide an opportunity for development and reinvestment in
neighborhoods while reinforcing Orono's goals of lake and natural resource protection,
while preserving the unique neighborhood character. The Applicants are proposing to
construct a home designed to limit the impact to the lake and the neighborhood.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The Applicant proposes to construct a
home on the lakeshore property with a reasonable view and setback from the lake. The
variance is the minimal amount necessary to alleviate a practical difficulty.
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 construction of a
new home conforming to the modified average lakeshore setback determined by the closest
lakeside corners of the adjacent homes to the Property, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the corner to corner average lakeshore setback line
shown on the modified site plan attached as Exhibit A.
4
�Op CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6936
`�kESHO
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 new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (January 14, 2020).
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 14th day of January 2019.
ATTEST: CITY OF ORONO:
4. W931?20/
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
6936
Resol. No.
Exhibit A
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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 January 14, 2019 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 17th day of January, 2019.
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Anna Carlson, City Clerk
(seal)
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