HomeMy WebLinkAboutResolution 7059 Doc No A10738924
Certified, filed and/or recorded on
Dec 20, 2019 1:52 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 152 Pkg ID 1923340E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
*C0.4\JpCITY OF ORONO
RESOLUTION OF THE CITY COUNCILNO. 7059
'"ESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-305
FILE NO. LA19-000089
WHEREAS, on October 31, 2019, Jim Cleary Everlast Enterprises Inc("Applicant"),
applied for a variance from the City Code for the property addressed 275 Crestview Avenue and
legally described as:
Lot 6, Block 2 Bayside Addn to Lake Minnetonka (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-305 to allow for a rear yard setback of 20.9
for deck stairs where 50 feet is required; and
WHEREAS, on November 18,2019, 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 November 18, 2019, the Planning Commission recommended
approval of the variance; and
WHEREAS, on December 9, 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 #LA19-000089. 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, 2 acre, Zoning District.
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-WATp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� NO. 1059
,n L
`�QSHO
3. The Property contains 0.14 acres in area and has a defined lot width of 50 feet.
4. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variances:
a. Rear yard 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
applicant is proposing to deck stairs which is consistent with the intent of the
ordinance. The variances for a rear yard setback request is reasonable considering
buildable area of the property.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for a deck stairs in a residential zone are 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 applicant is proposing use of the property
in a reasonable manner. The deck, already approved by variance,
encroaches into the setback. Any stairs would require a variance. Stairs are
a reasonable improvement for an elevated deck. There is limited space to
construct a conforming structure on the site.
b. There are circumstances unique to the property not created by the landowner; The
plight of the property owner is due to the existing substandard lot size and
c. The variance will not alter the essential character of the locality. The character of
the neighborhood is not likely to be significantly altered from replacement
of the residence
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.
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p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� NO. 7059
G
I�kESHO��
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 single family home is an
allowed 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 size of the lot within the LR-1A zoning
district is unique for the requested rear yard setback variances.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The size of the lot and its locations as it pertains to the existing
zoning district is peculiar to the property
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Deck stairs are a relative minor improvement
but important to the use of the deck and yard.
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 of the
requested variance would not impair health, safety, comfort or morals and would
be in keeping with the intent of the zoning code
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The application has stated the shallow
lot has setback challenges. The property is unique in size for this zoning district.
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 78-305 to allow for rear yard 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 survey with the revisions dated 8/1/2019 and
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 building permit for the new
construction and commencing construction of said project. A framing inspection must be
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7059
t„,kESHoO'
completed within one year of the date of Council approval, or the variance will expire on
that date (December 9, 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 I day ofr , 201 (
ATTEST: CITY OF ORONO:
01,zrivA
5alja
Anna Carlson, City Clerk ennis Walsh, Mayor '
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