HomeMy WebLinkAboutResolution 7191 LAND TYPE Torrens (T)
DOC NUM 5841669
Certified, filed and/or recorded on
Jun 1, 2021 10:21 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 158 Pkg ID 2249647E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t NO. 7191
G
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-350 AND 78-1700
FILE NO. LA21-000023
WHEREAS, on March 16, 2021, Mark Prueter("Applicant[s]"), applied for variances
from the City Code for the property addressed 3215 Crystal Bay Road and legally described as:
That part of Lot 1, Block 2, and that part of Northern Avenue, now vacated, TOWNSITE OF
LANGDON PARK, described as follows to-wit: Commencing at the point of intersection of
the Northerly line of the right of way to the Great Northern Railway Company with the
Southerly extension of the dividing line between Lots 1 and 2 in said Block 2, TOWNSITE
OF LANGDON PARK; thence Northwesterly along the dividing line between said Lots 1 and
2 and same extended, a distance of 213.14 feet; thence Northeasterly deflecting right at an
angle of 82 degrees 55 minutes from last described course, a distance of 180 feet to the
actual point of beginning of the tract of land to be described; thence continuing from said
actual point of beginning Northeasterly on the extension of said last described line, a distance
of 60 feet; thence Southeasterly in a straight line 263.2 feet to a point in the Northerly line of
said right of way of the Great Northern Railway Company, which point is 140 feet
Northeasterly measured along the Northerly line of said railroad right of way from initial point
of commencement; thence Southwesterly along said Northerly right of way line 35 feet;
thence Northwesterly in a straight line 247.7 feet to the actual point of beginning. Also
including all that part of Lot 1 in said Block 2 lying between the Northwesterly line of the
premises hereinabove described and the shore of Lake Minnetonka and between the
Northerly extension of the Northeasterly and Southwesterly side lines of the premises
hereinabove first described (hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for variances
to Orono Municipal Zoning Code Section 78-350 to allow a 4.5 foot side setback on the east side
of a new detached garage; a 4 foot side setback for a new stairway; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1700 to allow a reduction in hardcover from 37.7%
to 37.3% where a maximum of 25% is permitted; and
BOAT CITY OFORONO
RESOLUTION OF THE CITY COUNCIL
*A. 7191NO.1 ESHO
WHEREAS, on April 19, 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 April 19, 2021, the Planning Commission recommended approval
of the variances; and
WHEREAS, on May 10, 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 #LA21-000023. 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-1C, One Family Lakeshore Residential Zoning District.
3. The Property contains 0.25 acres in area and has a defined lot width of 60-feet at the
OHWL and 53-feet at the 75-foot setback.
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[s]:
a. Side Setback Variance
b. Hardcover 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.
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RESOLUTION OF THE CITY COUNCIL
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ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variances are in harmony with the
purpose of the Ordinance. The substandard lot has difficulties in its small size and width,
and unique access circumstance over the easement on the rear. The garage location
moves and improves a non-conforming existing setback on the west side moving the
encroachment toward a lesser affected property to the east. The project results in an
overall reduction in hardcover.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances proposed to rebuild a detached garage on this
nonconforming lot 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 re-construction of the detached garage 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.
The substandard lot size is an existing condition, there is no available land with
which to make the Property more conforming. The restricted driveway access and
lack of off-site parking availability are challenges not created by the owners. There
should be consideration for a setback variance approval for from the lot which is
substandard in width and area requirements. The project has been designed with
an effort toward limiting the additional hardcover without sacrificing functionality;
c. The variance, if granted, will not alter the essential character of the locality."
The replacement garage is to be in a similar location as the existing garage
keeping with existing character. The variances are requested in order to permit
construction of a detached garage, which is reasonable.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
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�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 719 ,E
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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 garage is an allowed use within
the LR-1C 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 Property's substandard size, width, and
unique configuration creates difficulties which also apply to many of the properties in the
same neighborhood. The proposed setback and hardcover level are not out of character.
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, width, in addition to the unique
configuration creates difficulties which apply to very few properties in the City. The
neighboring properties have similar challenges.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The local climate conditions support the need
for a residential garage. The proposed size of the garage is minimal. Granting of the
setback and hardcover variances are necessary for the preservation of the property right
of the applicant.
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
variances for hardcover and setback in this 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 variances for setback and hardcover
are necessary, and do not merely serve as a convenience to the Applicant.
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8, OAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
I� NO. 7191
G
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CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Orono Municipal Zoning Code Section 78-350 to allow a 4.5 foot side setback
on the east side of a new detached garage; a 4 foot side setback for a new stairway; and a
variance to Orono Municipal Zoning Code Section 78-1700 to allow a reduction in hardcover from
37.7%to 37.3%where a maximum of 25% is permitted for a new detached garage, 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 03/08/2021 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. Authorities granted by this resolution run with the Property not with the Applicant, 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
obtained within one year of the date of Council approval, or the variance will expire on that
date (May 10, 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 10th day of May, 2021.
ATTEST: CITY OF ORONO:
I *OAP
i
Anna Carlson, City Clerk Dennis Walsh, Mayor
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Proposed