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Home My WebLink AboutResolution 7173 III II mil mil LAND TYPE Abstract (A) DOC NUM 10935930 Certified, filed and/or recorded on Mar 24, 2021 9:28 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 161 Pkg ID 2202624E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. -OAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �• NO. 7173 4kEsu0 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 (6) FILE NO. LA21-000008 WHEREAS, on January 19, 2021, Brad Barinski o/b/o BJB trust("Applicant"), applied for a variance from the City Code for the property addressed 1825 Lakeside Trail and legally described as: Lot 4, Block 1, Willow Bay Sanctuary, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 (6)to allow construction of a structure lakeward of the Average Lake Shore Setback line; 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 variance; 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 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 #LA21-000008. 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 8,7LON. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 7 3 c, 4&ESH0°- 2. The Property is located in the LR-1A Zoning District. 3. The Property contains 3.52 acres in area and has a defined lot width of 210/200 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 Lake Shore Setback 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: According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the average lake shore setback is to preserve neighboring properties' views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The placement of the house is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; the location of the neighboring house, the presence of a tributary, and the previous discussions of a 'new'ALS where not created by the land owner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 7 3 � ,�kESHOR 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 single family residential is a permitted use in the LR-1A zoning 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 tributary that runs along the north side of the lot, and the previous discussion regarding a 'new' ALS has been considered in previous lakeshore subdivisions. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applied ALS is based on the lot to the east, 770 Brown Road N, which is substantially distan7 from the subject property and the lake. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The tributary and its 75'setback limit buildable sites consistent with the character of the neighborhood. 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.The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is permitting a buildable site that was intended to be approved as part of this subdivision. 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 (6) to allow construction 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 January 18, 2021 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. 3 -OAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G1 NO. 7 1 7 3 .kEsHO`-c' 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 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 8th day of March, 2021. ATT ST: CITY OF ORONO: / Ajp, iL L -� - na Carlson, City Clerk Dennis Walsh, Mayor 4 Line B Line C Line A Resolution No. 7173