HomeMy WebLinkAboutResolution 7166 LAND TYPE Torrens (T)
DOC NUM 5811931
Certified, filed and/or recorded on
Mar 9, 2021 3:22 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 1 Pkg ID 2191110E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1506105
This cover sheet is now a permanent part of the recorded document.
-OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� NO. 7166
G
!'kESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA20-000070
WHEREAS, on October 21, 2020, Boyer Building Corporation (hereinafter the
"Applicant") on behalf of Brian O'Connell and Lynne Rasmussen (hereinafter the "Owners"), applied
for a variance from the City Code for the property addressed 3145 North Shore Drive and legally
described as:
Tract B, RLS No. 1113, Hennepin County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance
from Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition and a
deck lakeward of the average lakeshore setback line; and
WHEREAS, on November 16, 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 November 16, 2020, the Planning Commission voted 5 to 2 in favor
of denial as proposed. The Commission's general consensus was supportive of the average
lakeshore setback variance for the addition and the deck. They indicated that the portion of the
deck stair which extended past the most lakeward pillar on the existing home was not approvable;
and
WHEREAS, on November 30, 2020, the Applicant provided a revised plan which
reflected the deck stair meeting the Commission's direction; and
WHEREAS, on December 7, 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:
1
�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G� NO. 71 6 6
elkEsxol-("
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA20-000070. 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-1 B One Family Lakeshore Zoning District.
3. The Property contains 1.13 acres in area and has a defined lot width of 117 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 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 variances resulting in a permit for construction of an addition to
an existing single family residence in a residential zone are 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:
2
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yIs NO. 71 6 6
"ESHO
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 unique lagoon shoreline, location
of the neighboring home, and home orientation separate the Property from the
adjacent neighbors.
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 with the lagoon on the north are
conditions not created by the landowner;
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 an addition to a residence is 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 location of the existing home, the
orientation and location of the neighboring homes, the lagoon shoreline, and the character
3
1 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7166
G
-,kESH00"
of the neighborhood are unique conditions affecting the 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 homes, the lagoon shoreline, and the character of the neighborhood are unique
conditions affecting the Property and the immediately adjoining properties.
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 their 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 on the Property severely limits the options for expanding and/or improving the
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
north, the orientation of the neighboring homes, and the character of the lagoon lakeshore
affecting the Property and the property to the north.
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 addition
and a deck on the lake side of the home, lakeward of the average lakeshore 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 dated November 23, 2020, and building
plans submitted by the Applicant 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
-Wrp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF NO. 7166
G
��&ESHO0'
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 variance will expire on
that date (December 7, 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 7th day of December, 2020.
ATTEST: CITY OF ORONO:
&7K- di ladkibag7
Anna Carlson, City Clerk Dennis Walsh, Mayor
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