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HomeMy WebLinkAboutResolution 7110 Doc No T05730571 Certified, filed and/or recorded on Jul 28, 2020 10:32 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 76 Pkg ID 2033593E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1485982 This cover sheet is now a permanent part of the recorded document. app CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y �` NO. 71 10 G. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA19-000050 WHEREAS, on August 12, 2019, via Resolution 7007, the City Council approved a variance to permit the construction of retaining walls in the lakeyard at 2710 Pence Lane, and legally described as: Lot 2, Block 1, Pence Lane Addition, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has requested an amendment to Resolution 7007 to change the configuration of the retaining walls,which were fixed by virtue of the original approval and WHEREAS, the City Council reviewed this amendment on July 13, 2020 and felt the change was minor in nature and not likely to negatively impact the findings determined during the original review, and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the amended plans attached as Exhibit A: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000050. 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. 1 p CITY OF ORONO RESOLUTION OF TIE CITY COUNCIL y� G,� NO. 7 1 1 0 .:;Sb 2. The Property is located in the LR-1B One Family Lakeshore Zoning District. 3. The Property contains 1.47 acres in area. 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: a. Lake Setback Variance 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 intent of the lake yard setback is to preserve the natural lakeshore and not permit structure or hardcover in this area. Retaining walls help minimum the visually impact of the stairs,which are permitted by ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variance is consistent with the residential goals within 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. The use of the Property remains residential. The proposed improvements are residential in nature, and reasonable from a residential scope. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 2 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y ;' NO. I 7 11 1 O G �-14Fsti `� The proposed lake access stair and retaining walls do not result in hardcover exceeding 25% for the Property and the walls are excluded from the calculation total. The slope of the lakeshore requires stairs for dock and lake access; c. The variance, if granted, will not alter the essential character of the locality." The variance to permit construction of the walls to support the stairs within the 75- foot setback will be less visible and more functional than an above grade stair.The retaining walls will not change 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. 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 retaining walls are an allowed use in the LR- 1B 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 topography of the Property increases as it moves away from the lake and the proposed stair improvement is necessary for access to the lake. It is reasonable to permit the type of stair the owner has proposed in addition to the retaining walls to support such stair system. The retaining walls will not adversely impact adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The applicant's proposal does not appear to be out of character with the area. The walls will not encroach nearer to the lake than the stair and can be screened from view from the lake. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting a lake setback variance and to allow the construction of the retaining wall supported stair system within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner. 3 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7110 -KFS H OQ'x 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 lake setback variance allowing the retaining walls within the 75-foot setback will not adversely impact health, safety, comfort or morals, or be contrary to the ordinances. 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 has provided demonstration of the practical difficulties which support granting the lake setback to permit the construction of retaining walls within 75 feet of the OHWL. 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 retaining walls within the lake yard, 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 and plan dated 06/18/19 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. The Applicant shall submit an acceptable landscape plan which provides screening of the retaining walls when viewed from the lake with the building permit application. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 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 13t day of July, 2020. ATTEST: CITY OF ORONO: 044* 141/(L- + 1• Anna Carlson, City Clerk Dennis Walsh, Mayor 4 7 1 1 0 '..i "PHEASANT LAWN" I rRLS NO. 310 12-2 MiN.i ,--------------".., —• _IA.!. ___In•_,_ __-_- . ; Or ) '011!---VMPLIWZ 21 I iiiii ilf_41MON - ;'. •1• ."`"";-7-- ' 1 4!0 ,,, i ' •'‘ ..':;.1/,' '" .'''''''---::: ',., ", ' \ \ B 1 A L.,i i cTfi's :: -/' .. / ' /,/ 1,1 '-':•'',.., — 0' ' 1 I 1 1 •'2;. .,:, ! ` 1., ("..--- %,"..,\,"N A ,"/ ;r11, ;'. • ,,,, . ,--. % i 6 . , ' r / , .•.\. , 4,- :, 1,-, 1 i ,k,- * 0-•--..—__ i ...0 ...: .... . ..., • . i t.. . ,.--i !,'‘,: i 1 i : , ! ,,•„ . . , r , 1 r., {IIA I P .. , . , II , I , 43' I ..""...,:4 ' Illa 1 , re Ir , 11 .,-.. ; ,S.,...01',”":','" •• E., z z z ..1 ,., , , • \ 0 = i Ailb 14 1j x 03 )1,i '''. ttt.,..s•''. , 4.','..:,' ' rti 41 i z mikil c .4 4, 10 __.." tin i Iii" ---- ii 11/ii4 -gP- 00.• '1.1>m-zE3 A11 , 1alligg: .0111. r . 5111110th iZci.SE 1 / I . 1 ! tdifpi,..)1 ur.4.8.- •tg ili 11 ili il i r•I , II i •II If11li;1I11II111 1 11101;11111H1fl T-011.• STATE OF MINNESOTA ) ) ss 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 July 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 21'day of July, 2020. a Carlson, City Clerk (seal), nFy ) d0» �Cc r° Ci Cs r: sA i ms. �. ..