HomeMy WebLinkAboutResolution 7114 1
1111 H III I 1111 1111
LAND TYPE Abstract (A)
DOC NUM 10840759
Certified, filed and/or recorded on
Sep 18, 2020 11:35 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 2066538E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
-Wryp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
-,'s.
NO. 7114
F G
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-370; 78-1288; & 78-1700
FILE NO. LA20-000043
WHEREAS, on June 16, 2020, David Jaqua and Patricia Jaqua (hereinafter the
"Applicants"), applied for variances from the City Code for the property addressed 3262 North Shore
Drive and legally described as:
That part of Government Lot 1, Section 8, Township 117 North, Range 23 West of
the 5th Principal Meridian, Hennepin county, Minnesota, described as follows: Beginning at
Meander Corner No. 57 on the south side of Maxwell Bay in the east line of said Section 8;
thence South on the east line of said Section 8, 376.35 feet; thence West at right angles
455.3 feet to the actual point of beginning of the tract to be described; thence continuing due
West 68 feet; thence due North 160.7 feet more or less to the southerly shore of Maxwell
Bay;thence northeasterly along the southerly shore of Maxwell Bay to a point in a line drawn
due North from the actual point of beginning; thence due South 183.7 feet more or less to
the actual point of beginning. For the purposes of this description the east line of said Section
8 is considered to be a due North and South line. Together with a driveway easement filed
as Document NO. 3045644 and easement for water services filed as Document No.
2838702, Hennepin County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-370 to allow redevelopment of a
nonconforming property with 11,540 square feet (0.26 acre) in area and 70 feet in width where
0.5 acre and 100 feet are required; and
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Sections 78-1288 and 78-1700 to permit 3,111 square
feet or 26.9% hardcover where 25% is permitted; and
WHEREAS, on July 20, 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 July 20, 2020, the Planning Commission recommended approval
of the variances; and
1
- -OJVo CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 71 14
e, G
I�kESHO4'-
WHEREAS, on August 13, 2020, 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 variances 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 #LA20-000043. 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-1, One Family Lakeshore Residential Zoning District.
3. The Property contains 0.26 acres in area and has a defined lot width of 70 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.
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 substandard lot has difficulties in its small size and depth, and
unique "landlocked" relationship with the surrounding properties. The house location
improves a non-conforming existing setback by 23 feet and is shown to be conforming, is
protecting views of the lake for adjacent properties, and limiting 75-foot hardcover.
2
-OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� NO. 7114
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t4kESHOR-
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The number and type of variances proposed to develop this
nonconforming lot of record are consistent with the comprehensive plan. The request to
permit construction of the home on the substandard lot is reasonable.
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 request to permit construction of the home on the substandard lot is a
reasonable use of the residentially zoned property.
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, the Owners have attempted to acquire
additional land via purchase or easement and have been unsuccessful. Therefore
there is no available land with which to make the Property more conforming. The
restricted driveway access and lack of off-site parking availability are challenges not
created by the Owners. There should be consideration for variance approvals from
the lot width and area requirements. The house and hardcover have been designed
with an effort toward limiting the additional hardcover without sacrificing functionality.
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, which is
reasonable on a residentially zoned property. The Property is situated in a
residential district located between two commercial marinas. The variances will not
change the essential 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.
�O�p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y
F NO. 7114
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`4'Q s 140
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 is an allowed use in the
LR-1C-1 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, depth, and
unique configuration creates difficulties which also apply to many of the properties in the
same neighborhood. The proposed hardcover level is not out of character.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's substandard size, depth, in addition to the unique
configuration creates difficulties which apply to very few properties in the City. The
neighboring property, 3260 North Shore Drive, has a similar landlocked challenge,
however the owner of that property also owns the landlocked lot which provides driveway
access, via an easement, to the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting lot area and lot width variances are
necessary for the preservation of the property right of the Applicants. The hardcover
variance is requested to reasonably support the proposed home on the unique property.
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 variances for lot area, lot width, and
hardcover are necessary, and do not merely serve as a convenience to the Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Section 78-370 to allow redevelopment of a
nonconforming property with 11,540 square feet (0.26 acre) in area and 70 feet in width where
0.5 acre and 100 feet are required; and Sections 78-1288 and 78-1700 to permit 3,111 square
4
.p CITY OF ORONO
RESOLUTION OF THE CITY
COUNCIL
A 1
NO. 7 1 14
-,kESHO
feet or 26.9% hardcover where 25% is permitted to support the redevelopment, subject to the
following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the Sathre Bergquist Inc., survey dated 06/08/2020
and revised on 06/11/2020 and building plans submitted by the Applicants and annotated
by City staff, attached to this Resolution as Exhibits A & B.
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 variances will expire on
that date (August 13, 2021).
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 13th day of August, 2020.
ATTEST: CITY OF ORONO:
na Carlson, City Clerk Dennis Walsh, Mayor
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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 13, 2020 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 14th day of August,2020.
/ /
Anna Carlson, City Clerk
(seal)
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