HomeMy WebLinkAboutResolution 7138 II II 11111 1 1111 Iil I 11 11 11
LAND TYPE Torrens (T)
DOC NUM 5772977
Certified, filed and/or recorded on
Nov 23, 2020 1:45 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 136 Pkg ID 2116090E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1226016
This cover sheet is now a permanent part of the recorded document.
-cLONo CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti �4' NO. 7 1 3 8
rikESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA20-000067
WHEREAS, on September 23, 2020,Alethea Sadowski (hereinafter the"Applicant"),
on behalf of the Owners, Roger and Nancy McCabe, applied for a variance from the City Code for
the property addressed 1265 Shoreline Drive and legally described as:
Tract A, Registered Land Survey No. 1123, Files of Registrar of Titles, County of
Hennepin, Minnesota (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 construction of a lakeside porch
addition to the home lakeward of the average lakeshore setback line; and
WHEREAS, on October 19, 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 October 19, 2020, the Planning Commission recommended
approval of the variance; and
WHEREAS, on November 9, 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 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 #LA20-000067. 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 One Family Lakeshore Residential Zoning District.
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icLO.Arp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiW NO. 7138
`�kESHov-f`
3. The Property contains 1.2 acres in area and has a defined lot width of 140 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:
a. Average Lakeshore 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 requested average lakeshore setback variance is in
harmony with the Ordinance as the most adjacent neighbors' views of the lake will not be
impacted by the improvements.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variance resulting in a permit for construction of an addition to
an existing single family residence in a residential zone is consistent with 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 request to permit construction of improvements lakeward of the average
lakeshore setback appears to be reasonable; the mature vegetation, topography,
and home orientation separate the proposed improvements on the Property from
the adjacent neighbors.
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-cLOkp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7138
'IkESHO‘'O
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The location of the existing home, the orientation and location of the neighboring
homes, and the character of the lake shoreline in question are conditions not created
by the landowner; and
c. The variance, if granted, will not alter the essential character of the locality."
It does not appear that the requested average lakeshore setback variance to permit
an addition to the home will adversely impact views of the lake currently enjoyed by
the adjacent property owners or alter the 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 a residential home and additions to a home
are 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 location of the existing home, the
orientation and location of the neighboring homes, and the character of the neighborhood
are unique conditions affecting the subject Property and the immediately adjoining
properties.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The location of the existing home, the orientation and location of the
neighboring home are unique conditions affecting the subject Property.
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�-OAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s� NO. 7138
G
r-/kESHO
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."The applicant states that the variance is necessary
to preserve the Owners' right to improve their home and 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
requested variance will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the 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 of the average lakeshore
setback severely limits the options for improving the Property and home; the granting of
the requested variance is necessary to alleviate a practical difficulty resulting from the
location of the existing home in relation to the neighboring home to the west, the
orientation of the neighboring homes, and the character of the properties along this portion
of Shoreline Drive with wetlands on the street side of the properties.
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 construction of an upper level,
roofed porch addition entirely lakeward of the average lakeshore setback line, 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 (annotated by City staff) dated
September 22, 2020; and building plans submitted by the Applicant, herein referred to as
the Plans and 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 Owners, 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 (November 9, 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.
4
-cLOAtp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
'S'ee NO. 7138
ikESH00"
ADOPTED by the Orono City Council on this 9th day of November, 2020.
ATTEST: CITY OF ORONO:
/ 1) 1 , at
_4, _
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
Resol Ex A
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CERTIFICATE OF SURVEY FOR
ROGER & NANCY McCABE
OF TRACT A, R.L.S. NO. 1123
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LEGAL DESCRIPTION OF PREMISES:
T,cc:A.Re0stered Land Swvey No.1123,Files o'Registrm of Titles.County of Nen epn.
o. denwes iron marker
(005.0). denotes exl5ting spot elevation,mew sea levedatum
--917---- denotes ex sting cantour lice.mean sea level ca.vn
Bearings gown are booed upon on°seamed datum
This survey intends to show the boundaries of the above descrbed properly.the location.
.istl o M house ashed,spot elevations,topography,hkesi0es f adjacent houses,
the location f M viable"hardcover",and the proposed b,etion of a proposed balcony
thereon.It does not purport to show,any other improvements or encrorcfsnents.
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