HomeMy WebLinkAboutResolution 7112 BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
DENYING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1700
FILE NO. LA20-000037
WHEREAS, on May 20, 2020, Tim Hanson (hereinafter the "Applicant"), applied for
variances from the City Code for the property addressed 2645 Casco Point Road and legally
described as:
Lot 139, Spring Park, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for variances
to Orono Municipal Zoning Code Section 78-350 to allow development of a property with 0.26
acre in area and 60-feet in width where 0.5 acre and 100-feet in width are required; 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 3,136 square feet (27%)
hardcover where 25% is allowed; and
WHEREAS, on June 15, 2020, 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 June 15, 2020, the Planning Commission recommended approval
of the variances; and
WHEREAS, on July 13, 2020, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff and, finding no demonstrated
practical difficulty supporting the variance for hardcover, directed staff to draft a resolution with
the findings for denial; and
WHEREAS, Orono Municipal Zoning Code Section 78-72 allows development of
substandard lots of record within the Shoreland provided the following criteria are met:
a. All setback requirements can be met; and
b. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can
be installed or the lot is connected to a public sewer; and
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c. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed 25
percent of the entire lot area.
d. All other zoning district standards can be met; and
WHEREAS, denial of the hardcover variance requires the 25% hardcover limitation
to be met, therefore, the resulting development will conform with Code Section 78-72 allowing
redevelopment of the substandard lot of record without the need for variances for lot area or lot
width; and
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby denies the requested hardcover 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 #LA20-000037. 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, One Family Lakeshore Residential Zoning District.
3. The Property contains 0.26 acres in area and has a defined lot width of 60 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 variances:
a. Lot Area Variance
b. Lot Width Variance
c. Hardcover Variance
6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
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.
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ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The variances for hardcover in excess of 25% for
development of the vacant lot are not in harmony with the City's goals for conforming
development and is not in harmony with the Ordinance. The purpose of the ordinance is
to limit the amount of hardcover present on a site. The applicant has a vacant lot and has
not demonstrated that they are unable to build a home within the hardcover limitations.
This criterion is not met.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The hardcover variance requested to permit 27% hardcover where
25% is permitted for development of a vacant lot is inconsistent with the Comprehensive
Plan. The Comprehensive Plan describes the necessary steps to promote water quality
and promotes limits on the amount of hard cover. This criterion is not 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 reasonable use of the Property is established by the permitted development
of a residential home on a substandard lot of record within City Code Section 78-
72. The applicants suggest that reasonable use extends to allowance of hardcover
levels exceeding the 25% permitted which is not protected by statute. The request
to permit 2% more hardcover than allowed is not reasonable. The applicant has
not demonstrated that a residential home cannot be constructed on the lot without
the variance. The additional hard cover is not necessary to build the home and is
merely convenient. As the builder testified, on behalf of the applicant, there are
ways to reduce hardcover and move forward with the proposed project. This
criterion is not met.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The substandard size is an existing condition and there is no available land with
which to make the Property conforming. This is not justification necessary to
support the proposed hardcover level in excess of 25%. State Statute and City
Code allow for redevelopment of a nonconforming lot of record however hardcover
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overages are not a right and are not supported by practical difficulty. The
nonconforming lot is consistent with the size of the surrounding lots; and
c. The variance, if granted, will not alter the essential character of the locality."
The development of the property which includes hardcover in excess of 25% is not
supported by practical difficulty and is inconsistent with the Comprehensive Plan.
This criterion is not met.
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 residential home with supporting hardcover
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." There are no obvious special conditions
applying to the Applicant's land which is unique, or support the requested hardcover
variance. The Applicant has not identified special conditions to the land justifying the
variance other than citing safety concerns and parking restrictions imposed by the busy,
narrow road which is not specific to the Property. This criteria is not met.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The Applicant has not identified conditions specific to the Property which
affect the need for an increased hardcover level. This criteria is not met.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Substantial property right is provided by the
proposed principal structure, which is permitted to be constructed. A hardcover level in
excess of the permitted level is not a right. This criteria is not met.
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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
variances for hardcover, lot width and lot area 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 Applicant asserts that the hardcover
variance is necessary to address safety concerns they have identified with the roadway.
The variance provides for a certain home footprint and larger driveway which could be
considered conveniences. This criterion is not met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby denies a
variance to Orono Municipal Zoning Code Section 78-1700 to allow 3,136 square feet (27%)
hardcover where 25% is allowed. Council decision is based on the entire record, above Findings.
ADOPTED by the Orono City Council on this 27th day of July, 2020.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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