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Home My WebLink AboutResolution 7031 II 1111111 1111111111 111 1 11 Doc No T05654568 Certified, filed and/or recorded on Oct 18, 2019 9:31 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 98 Pkg ID 1892237E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1475321 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G, NO. 703 !q'rESH0�� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000072 WHEREAS, on September 4 2019, Brendon Lawrence ("Applicant'), applied for a variance from the City Code for the property addressed 4266 Forest Lake Drive and legally described as: Lot 8, Block 2 Forest Arms(hereinafter the"Property"); WHEREAS,the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow for 2 new decks forward of the average lakeshore setback; and WHEREAS, on September 16, 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 September 16, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on October 14, 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 #LA19-000072. 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-1 B Zoning District. I CITY OF ORONO RESOLUTION OF THE CITZY COUNCIL y� NO. 7 0 3 G Bs H off@ 3. The Property contains 1.16 acres in area and has a defined lot width of 190 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. 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. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance is in harmony with the purpose of the Ordinance. The lot includes difficulties in its substandard size and width, and location of adjacent homes. 2. The variance is consistent with the comprehensive plan. The proposed variance to use a nonconforming lot of record is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of new decks within the average lakeshore setback appears to be reasonable as the neighboring homes' orientation with respect to the Lakeshore and adjacent properties creates difficulties. b. There are circumstances unique to the property not created by the landowner; The neighboring home locations prevent a residential footprint consistent with the neighborhood. The circumstances are unique to the property; and c. The variance will not alter the essential character of the locality. The variance requested in order to permit construction of new additional decking 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. 2 CITY OF ORONO RESOLUTION OF THE CIITY COUNCIL 7 NO. 1 O J G lee S H O4� 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 LRAB 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 orientation and the setback from the lake of the adjacent home creates difficulties for the Applicant to improve the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's 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 an average lakeshore variance is 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 variance 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 variance is necessary, and does 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 78-1279 to allow for two new decks on the lake and rear side of the home forward of the average lakeshore setbacks, 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 dated 8/12/2019 and building plans 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. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 703 L� `gkESHO�� 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 (October 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. 44L- ADOPTED by the Orono City Council on this )1 day of 20_'. 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