HomeMy WebLinkAboutResolution 7172 LAND TYPE Abstract (A)
DOC NUM 10935931
Certified, filed and/or recorded on
Mar 24, 2021 9:27 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 166 Pkg ID 2202623E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
SOA/ CITY OF ORONO
lL RESOLUTION OF THE CITY COUNCIL
y NO. 7172
F G
`-1kES HO
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-350
FILE NO. LA21-000007
WHEREAS, on January 18, 2021, Pillar Homes (hereinafter the "Applicant") on
behalf of Station 7 LLC, the Owner, applied for variances from the City Code for the property
addressed 3220 Navarre Ln and legally described as:
Lot 64, Wallace's Addition to the Village of Minnetonka Beach, Hennepin County,
Minnesota (hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for variances
from Orono Municipal Zoning Code Section 78-350 to allow installation of a rooftop railing 8.8 feet
from the rear lot line where a 30 foot setback is required; and 14.2 feet from the side street lot line
where a 15 foot setback is required on top of the existing building; and
WHEREAS, on February 16, 2021, 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 February 16, 2021, the Planning Commission recommended
approval of the variances; and
WHEREAS, on March 8, 2021, 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 #LA21-000007. 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.
i
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s� NO. 71 72
4kESHO
2. The Property is located in the LR-1C Single Family Lakeshore Residential Zoning District.
3. The Property contains 0.14 acres in area and has a defined lot width of 34.1 feet.
4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variances:
a. Rear Setback Variance
b. Side Street Setback 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 setback variances are in harmony with the
purpose of the Ordinance. The substandard lot has difficulties in its small size. The house
location is nonconforming. The proposed volume "expansions" resulting from the railing
are set in from the property lines as they are inset from the edges of the building. The
encroachment does not increase the massing of the home.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances proposed to improve a rooftop patio area on this
nonconforming lot of record 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:
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 installation of the rooftop railings on the home on the
substandard lot is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 71 72
41 ESHOv-`"
The substandard lot size and location of the home are existing conditions.
Therefore there is no available land with which to make the Property more
conforming. The limited yard/open space availability is a condition not created by
the owners. There should be consideration for variance approval for a minimal
railing encroachment within the setbacks above the existing building. The house
addition and renovation have been designed with an effort toward working within
the existing building and required setbacks without sacrificing functionality; and
c. The variance, if granted, will not alter the essential character of the locality."
The variances are requested in order to permit the creation of additional outdoor
space with minimal impact to massing or additional encroachments into setbacks,
which is reasonable. The project should not alter the character of the
neighborhood.
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 improvements to a residential home are
allowed 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." The Property's substandard size, depth, and
unique configuration creates difficulties which do not apply to many of the properties in the
same neighborhood. Prior to the renovation, the existing non-residential-looking building
was out of character with the neighborhood. The current renovation and the proposed
railing encroachments will make the building appear more residential in character.
3
4,OA CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
71 72
`'kESH0--
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, house location, in addition to the
unique configuration creates difficulties which apply to very few properties in the City.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."Granting setback variances to permit the rooftop
railings is necessary for the preservation of the property right of the owner. The
improvements will be on top of, and set inside the boundaries of the existing home and
will not increase any setback nonconformities. The setback variances facilitate creation of
additional outdoor living space within the property and preserve the property rights of the
owner.
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 setback
variances for the rooftop railing 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 use of the Property has been
established with the house. The expansion of corresponding improvements may be
considered a convenience to the owners.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances from Orono Municipal Zoning Code Section 78-350 to allow installation of a rooftop
railing 8.8 feet from the rear lot line where a 30 foot setback is required; and 14.2 feet from the
side street lot line where a 15 foot setback is required on top of the existing building, subject to
the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the building plans submitted by the Applicants and
annotated by City staff, attached to this Resolution as Exhibit A.
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 building permit must be
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G, NO. 7172
`-.kESHO��
obtained within one year of the date of Council approval, or the variance will expire on that
date (March 8, 2022).
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 8' day of March, 2021.
ATTEST: CITY OF ORONO:
/
Anna Carlson, City Clerk Dennis Walsh, Mayor
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