HomeMy WebLinkAboutResolution 7008 II 11 1 11 11 11 11111 I II
Doc No A10692455
Certified, filed and/or recorded on
Aug 20, 2019 9:06 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 138 Pkg ID 1861897E
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 CITY COUNCIL
y NO. 7008
� L
t�kESHO��
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA19-000051
WHEREAS, on June 19, 2019, Dale Gustafson (hereinafter the"Applicant"), applied
for a variance from the City Code for the property addressed 1905 Concordia Street, and legally
described as:
Lot 14, Fagerness,and adjacent vacated Webb Street, Hennepin County, Minnesota,
(hereinafter the"Property");
WHEREAS, in approximately June 2019,following several consecutive rain events
the lakeshore slope on the Property suffered a landslide on the lower slope; and
WHEREAS, in order to repair and stabilize the slope, the Applicant has made
application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279
to allow construction of a subterranean retaining wall grid system in the 75-foot setback where
retaining walls are not permitted; and
WHEREAS, on July 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 July 15, 2019, the Planning Commission recommended approval
of the setback variance for the proposed retaining walls conditioned upon compliance with the
City engineer's recommendations at the time of the building permit; and
WHEREAS, on August 12, 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 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 #LA19-000051. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
I
�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7008
t�kFSHO4�
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-1 C One Family Lakeshore Zoning District.
3. The Property contains 0.56 acres in area and has a defined lot width of approximately 67
feet at the OHWL and 113 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:
a. Lake Setback 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 . . . ." The intent of the lake yard setback is to preserve the
natural lakeshore and not permit structure or hardcover in this area. The subterranean
retaining walls have no visual impact as they are for slope stability and designed to be
below grade.
2. "Variances shall only be permitted when the variances are consistent with the
comprehensive plan." The requested variance is consistent with the residential goals
within 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 use of the Property remains residential. The proposed improvements are
residential in nature, and reasonable from a residential scope.
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�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7008
G
IE Ho
b. The plight of the landowneris due to circumstances unique to his property not created
by the landowner.
The proposed subterranean retaining walls do not result in hardcover exceeding
25% for the Property and the walls are excluded from the calculation total. The
slope failure requires repair to prevent further damage;
c. The variance, if granted, will not alter the essential character of the locality."
The variance to permit construction of the subterranean walls to repair and support
the slope within the 75-foot setback will not be visible; with the proposed plantings
will function for stability and to create a vegetated natural looking slope. The project
will not change character of the locality.
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 retaining walls are an allowed use in the LR-
1C 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 lake slope failure creates a situation
requiring necessary intervention and the proposed retaining wall installation is necessary
for repair and restoration of the slope to the lake. It is reasonable to permit the type of
repair the owner has proposed in addition to the proposed landscape plan to support a
subterranean wall system. The retaining walls will not adversely impact adjacent
properties.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Applicant's proposal does not appear to be out of character with the
area.The walls will not be visible from the lake.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7008
G
ESHO
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 to allow
the construction of the subterranean retaining wall system within the 75-foot lake setback
is reasonable and necessary to protect the lake and property, and the property rights of
the owner.
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 allowing the subterranean retaining walls within the 75-foot setback will
not adversely impact health, safety, comfort or morals, or be contrary to the ordinances.
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 has provided demonstration
of the practical difficulties which support granting the lake setback to permit the
construction of subterranean retaining walls within 75 feet of the OHWL.
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 subterranean
retaining walls within the 75-foot lake setback, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the proposed wall and landscape plans submitted
by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A&
B.
3. The Applicant shall provide detail to satisfy the City's engineer prior to issuance of a
building permit for the walls including:
a. Submittal of wall and site plans specific to this site are required to be submitted for
review and approval. The plans should include existing and proposed contours,
location of subterranean wall (including draintile with pipe material, diameter, and
invert elevations indicated), erosion control, and proposed
restoration/landscaping.
b. The plans/design should include all areas needing stabilization, including the
adjacent property if applicable; written consent shall be submitted from the
adjacent property owner.
c. Copies of all required Minnehaha Creek Watershed District permits.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7008
G
t�kfSHO��
4. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
5. 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 (August 12, 2020).
6. 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 12th day of August, 2019.
ATTEST: CITY OF ORONO:
DA gh
Anna Carlson, City Clerk Dennis Walsh, Mayor
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