HomeMy WebLinkAbout#7009 aci(01 W o
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Doc No T05644541
Certified, filed and/or recorded on
Sep 13, 2019 10:42 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 52 Pkg ID 1875524E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1476037
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t NO. 7009
(-fkesH00'
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-350,78-1279, 78-1700
FILE NO. LA19-000048
WHEREAS, on July 1, 2019, Premium Constuction LLC, ("Applicant"), applied for a
variance from the City Code for the property addressed 2967 Casco Point Road and legally
described as:
Tract B, R.L.S. No. 1470 (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-350 for lot area and lot width to allow the
development of an undersized lot; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow for the home to be
built forward of the average lakeshore setback ; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1700 to allow for hardcover to
exceed 25% to 29.5%; 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 variances; 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
� p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� Gti4. NO. 7009
t�xESHOV-41'
1. This application was reviewed as Zoning File #LA19-000048. 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-1C Zoning District.
3. The Property contains 0.48 acres in area and has a defined lot width of 78 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. Lot Area
b. Lot Width
c. Average Lakeshore Setback
d. Hardcover
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 variances are in harmony with the purpose of
the Ordinance. The lot includes difficulties In its substandard size and width, and location of
adjacent homes.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances to develop a nonconforming lot of record are
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.
2
�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7009
t�kESHO
The request to permit construction of the home on the substandard lot,exceeding 25%
and average lakeshore setbacks, appears to be reasonable as the property's
nonconforming size,the neighboring homes'orientation with respect to the lakeshore,
and adjacent properties creates difficulties.The hardcover level decreases overall from
existing levels and the home is set to meet all other setbacks.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The nonconforming lot size and the neighboring home locations prevent a residential
footprint consistent with the neighborhood.The proposed overall hardcover level will
decrease with the new proposed plan. The circumstances are unique to the property;
and
c. The variance, if granted, will not alter the essential character of the locality."
The variances are requested in order to permit construction of a home designed to fit
the character of the neighborhood according to the submitted information.
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-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 property's substandard size and orientation
and the setback from the lake of the adjacent homes creates difficulties for the Owners in
redeveloping the property consistent with the homes in their neighborhood.
3
�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G1fi NO. 7009
t-kESH°i�
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The property's nonconforming size and the relationship between the existing
home and the setback of the adjacent properties create difficulties for the owners.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."Granting lot area,lot width,average lakeshore and
hardcover variances are necessary for the preservation of the property right of the applicant.
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
requested hardcover,lot area,lot width and average Lakeshore setback variances in this unique
situation is not contrary to the intent of the zoning chapter.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The requested variances for lot width, lot
area, and average lakeshore set setback are necessary, and do not merely serve as a
convenience to the applicant.
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 78-350, 78-1279, 78-1700 to allow the
development of a single family home, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey with revision dated June 30, 2019 and
building plans submitted by the Applicants and annotated by City staff, attached to this
Resolution as Exhibits 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 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).
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7009
k'ESHO
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 I24'k day ofAttri..4— , 20Iq.
ATTEST: CITY •F ORONO:
(2/ Zt- stara
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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 August 12, 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 13th day of August, 2019.
Anna Carlson, City Clerk
(seal)
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