HomeMy WebLinkAboutResolution 6977 111111111111111111111
Doc No A10660998
Certified, filed and/or recorded on
May 21, 2019 9:04 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 133 Pkg ID 1823409E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CIY COUNCIL
NO. `
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 AND 78-1680
FILE NO. LA19-000024
WHEREAS, on March 20, 2019, Peter Thomas and Nicole Thomas the owners of
the property(hereinafter the"Applicants"), applied for variances from the City Code for the property
addressed 1385 Orono Lane and legally described as:
Lots 1, 2 and 3, Homes on Brown's Bay and that part of Government Lot 3 and
accretions and relictions thereto in Section 2-117-23, lying within the following
described lines as follows,to-wit: Beginning at the Northwest corner of Lot 3, Homes
on Brown's Bay, thence Southeasterly along the Northerly line of Lots 3, 2 and 1, in
said Plat of Homes on Brown's Bay a distance of 267 feet; thence deflecting on an
angle to the left from last described line of 106 degrees and 3 minutes a distance of
41.55 feet to its intersection with the Northeasterly line of said Plat of Homes on
Brown's Bay; thence deflecting to the right from said lost described line on an angle
of 122 degrees and 33 minutes a distance of 31.35 feet; thence deflecting on an angle
to the right from said last described line 31 degrees and 15 minutes a distance of 247.7
feet, said last mentioned point being at the present existing shore line of Lake
Minnetonka; thence westerly along said present existing shore line of said Lake
Minnetonka, to the extension South of the West line of said Lot 3, in said Homes on
Brown's Bay: thence North along said extension South of the West line of said Lot 3,
in said Plot and along the West line of said Lot 3 to the place of beginning.
Also that part of Lot 1, Auditor's Subdivision No. 169, Hennepin County, Minnesota,
lying Southwesterly of a line commencing at intersection of Northerly line of Homes
on Brown's Bay with West line of Orono Terrace now vacated; thence Easterly on the
extension of North line of Homes on Brown's Bay to a point located as follows:
Commencing at Northwest corner of Lot 3, Homes on Brown's Bay; thence
Southeasterly along the Northerly line of Lots 3, 2 and 1, of said Addition 267 feet;
thence at an angle of 106 degrees 3 minutes to the left 41.55 feet to said point,thence
at an angle of 16 degrees 30 minutes to the right a distance of 31.35 feet; thence at an
angle of 31 degrees 15 minutes to the right a distance of 247.7 feet, more or less to
Lake Minnetonka including accretions and including any part or portion of any street
or alley adjacent to said premises heretofore vacated or to be vacated (hereinafter the
"Property");
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 9 7 7
SH04�
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow
reconfiguration of patio hardcover within the 75-foot setback where hardcover and structures are
not permitted; and
WHEREAS,the proposed reorientation will result in a reduction of hardcover within
the 75-foot setback; and
WHEREAS, on April 15, 2019, 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 April 15, 2019, the Planning Commission recommended approval
of the variances; and
WHEREAS, on May 13, 2019, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
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 #LA19-000024. 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 One Family Lakeshore Residential Zoning District.
3. The Property contains 1.2 acres in area and has a defined lot width of over 300 feet at the
ordinary high water level and 240 feet at the 75-foot setback.
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. Lake Setback Variance
b. Hardcover within the 75-foot Setback Variance
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�0 CITY OF ORONO
RESOLUTION OF TEE CITTY COUNCIL
NO. 6 9 1 7
SHO��
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 variances are minimal, and as they result in a
reduction of square footage they are generally consistent with the intent of the
ordinance.
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:
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 use of the Property remains residential. The proposed improvements are
residential in nature, reasonable from a residential scope.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Applicants require a solution to the failing well room cap which will protect the
home;the proposed reconstructed patio with landings do not result in an expansion
of hardcover within the 75-foot setback. The existing patios and basement well
room were not created by the current owner.
c. The variance, if granted, will not alter the essential character of the locality."
The variances to permit reorientation of the patio structure within the 75-foot
setback will be more functional, do not result in an expansion of the nonconformity,
and will not change character of the locality. This condition is met.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL 6
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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 a lakeshore patio is an allowed accessory 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 Property is an existing lot of record, the
home has existed for nearly 100 years, and the Property 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 improvements are necessary for access
and are logical and will not adversely impact adjacent properties. This criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Applicants' proposal does not appear to be out of character with the
area. The elevation of the patio area and the existing vegetation screen the improvements
from the lake, the proposal does not involve an expansion of the non conformities, only a
reorientation, and will not encroach nearer to the lake than the existing. 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."Granting a lake setback variance and hardcover
variance to allow the reconstruction and reorientation of the patio within the 75-foot lake
setback is reasonable and necessary to preserve the property rights of the owners.
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." Granting the lake
setback variance and hardcover variance to allowing the existing patio to be reconstructed
and reconfigured as proposed will not adversely impact health, safety, comfort or morals,
or in any way be contrary to the ordinances.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 697 7
ESHO
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 the lake setback and hardcover variances to permit the
reconstruction of the lakeside patio and landings within 75 feet of the OHWL. This statement
is true.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Section 78-1279 and Section 78-1680 to allow
reconfiguration of patio hardcover within the 75-foot setback where hardcover and structures are
not permitted, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the site plan dated 03/20/19 submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibit A.
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 permit for the new construction and
commencing construction of said project. The project must commence within one year of
the date of Council approval, or the variance will expire on that date (May 13, 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 131h day of May, 2019.
ATTEST: CITY OF ORONO:
al31k ulaA-
Anna Carlson, City Clerk Dennis Walsh, Mayor
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6977
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