HomeMy WebLinkAboutResolution 7202 II I 11111111 111111
LAND TYPE Torrens (T)
DOC NUM 5863244
Certified, filed and/or recorded on
Aug 4, 2021 12:42 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie acting, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 125 Pkg ID 2290478E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1380292
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� Gfi NO. 7202
,kESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-305
FILE NO. LA21-000041
WHEREAS, on May 17, 2021, Thomas Wilson (hereinafter the "Applicant"), applied
for a variance from the City Code for the property addressed 1955 Heritage Drive and legally
described as:
Lot 1, Block 4, Foxhill, Hennepin County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-305 to allow construction of a 218 square foot one-
story addition to the existing garage 20.4 feet from the property line where a 30 foot setback is
required; and
WHEREAS, on June 21, 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 June 21, 2021, the Planning Commission recommended approval
of the variance; and
WHEREAS, on July 12, 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 #LA21-000041. 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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BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
*is NO. 7202
"ESHGv-
3. The Property contains 1.01 acres in area and has a defined lot width of over 300 feet.
4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance:
a. Side Yard 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 proposed setback variance is in harmony with the
purpose of the Ordinance. The Property is substandard and has difficulties due to its small
size, shape, and topography. The proposed footprint expansions are screened from
adjacent properties by existing vegetation and topography. The encroachment results in
a minimal one-story increase the massing of the home.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variance proposed to increase the size of the residential
attached garage on this nonconforming lot 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 the small addition to the home on the
substandard lot is reasonable.
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BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G NO. 7202
-ikESHO0'
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The substandard lot size and the location of the home are existing conditions. The
limited yard/open space availability on the garage side of the home is a condition
not created by the owners. There should be consideration for variance approval
for a minimal building encroachment within the setbacks. The addition has been
designed to have minimal visual impact on the most affected side; and
c. The variance, if granted, will not alter the essential character of the locality."
The variance is requested in order to permit the creation of additional storage
space with minimal impact to massing and minimal 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 a residence is an 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 Property's unique and substandard size
and does apply to many of the properties in the same neighborhood as the plat of Foxhill
was created in 1965 and pre-dates the establishment of the LR-1A zoning district.
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1�WC'
ONCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1202
kESHO
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The buildable area impacts of the wetland and road encroachment are
difficulties unique to the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the setback variance to permit the
garage addition is necessary for the preservation of the property right of the owners. The
improvements will not be substantially visible when viewed from off the Property or from
the Luce Line Trail. The setback variances facilitate creation of additional storage space
within the property and preserve the property rights of the owners.
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
variance for the addition 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 use of the Property has been
established with the house. The expansion of corresponding improvements may be
considered a convenience to the applicants.
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 78-305 to allow construction of a one-story
addition to the existing garage 20.4 feet from the property line where a 30 foot setback is required,
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 06/01/2021 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 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 building permit must be
obtained within one year of the date of Council approval, or the variance will expire on that
date (July 12, 2022).
4
*.i\j/v-Ipoc_ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
eNO. 7202
/QsH���
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 12th day of July, 2021.
ATTEST: CITY OF ORONO:
ain'et if 4
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
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