HomeMy WebLinkAboutResolution 7214 LAND TYPE Torrens (T)
DOC NUM 5892236
Certified, filed and/or recorded on
Oct 29, 2021 2:21 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 144 Pkg ID 2344952E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1516748
This cover sheet is now a permanent part of the recorded document.
�O4r CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. ? 2 1 4
F G
`-l'(Es o
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330; 78-1279; 78-1700
FILE NO. LA21-000048
WHEREAS, on June 23, 2021, Courtney Paulson (hereinafter the "Applicant"),
applied for variances from the City Code for the property addressed 1090 Wildhurst Trail and legally
described as:
Lot 7, Tonkaview Gardens Hennepin County Minnesota except that part of the
Southerly 15 feet of said Lot 7 lying Westerly of the following described line:
Commencing at the Southwesterly corner of said Lot 7; thence Easterly along the
Southerly line of said Lot 7 a distance of 55 feet to the point of beginning of the line
being described; thence deflecting left 104 degrees 54 minutes to the Northerly line of
said Southerly 15 feet and there ending, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicant has made application to the City of Orono for variances
to Orono Municipal Zoning Code Section 78-330 to allow a second story addition to be constructed
above the existing home footprint 2.6 feet from the north lot line and construct a new deck within
the required 7.5 foot side setback; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1279 to allow the new second story and new deck to
encroach entirely lakeward of the average lakeshore setback line; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1700 to allow reduction of 105 square feet of
hardcover as part of the project resulting in 31.0% hardcover where 31.6% currently exists and
25% is the maximum permitted by Code; and
WHEREAS, on July 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 July 19, 2021, the Planning Commission recommended approval
of the variances subject to the new deck meeting the 7.5 foot side yard setback; and
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-szLO.Ai CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
)0114-4
NO. 7214
&ES H G��
WHEREAS, on August 23, 2021, the City Council reviewed the application
reviewed the application and the recommendations of the Planning Commission and City staff,
including changes made to the deck footprint by the Applicant resulting in a 2.8 foot side yard
setback from the north lot line, and directed preparation of findings for approval of the variances;
and
NOW, THEREFORE, BE IT RESOLVED that on September 13, 2021, 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 #LA21-000048. 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-1B One Family Lakeshore Residential Zoning District.
3. The Property contains 0.47 acres in area and has a defined lot width of 61 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 variances:
a. Side Yard Setback Variance
b. Hardcover Variance
c. Average Lakeshore 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 requested hardcover level (with proposed
reductions), side setback, and average lakeshore setback variances are in harmony with
the Ordinance. The existing home is entirely lakeward of the average lakeshore setback
line. The neighbors have not indicated that the upward expansion will negatively impact
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icLOAO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7214
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4 ESHO
their existing views of the lake, and new hardcover resulting from the new deck will be
offset by removals.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The requested average lakeshore setback, side yard setback, and
hardcover variances are consistent with the Comprehensive Plan. The deck results in a
new average lakeshore setback encroachment beyond the existing footprint, however
does not appear to further impact the adjacent neighbors' views from the north side.
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 expand the volume of the existing nonconforming home upwards
with the addition of a deck lakeward of the average lakeshore setback appears to
be reasonable on the Property as there are no options for a conforming expansion
of any portion of the home. The curved shoreline and extreme setbacks of the
neighboring homes result in the existing non-conforming condition. The Applicant
has proposed 105 square feet of hardcover removals to offset the new deck
hardcover.
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 curved shoreline, and extreme setback location
of the neighboring homes, and existing hardcover are conditions not created by the
landowners; and
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
expand the home over the existing footprint will adversely impact views of the lake
currently enjoyed by the adjacent property owners or alter the character of the
locality as many of the homes in the neighborhood have a 2nd story. Further, the
Applicant's proposed hardcover removals will offset the new hardcover resulting
from the deck.
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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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7214
`-1 EEsHov-t
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 residential improvements are allowed 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.
1. "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 improvements on
the Property, the orientation and extreme setback of the location of the neighboring
homes, and existing hardcover are conditions unique to the Property.
8. "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 improvements on the Property and the
orientation and extreme setback of the home to the south are conditions unique to the
Property.
9. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."The existing home is nonconforming with respect
to the average lakeshore and side yard setbacks. There are no options for a conforming
expansion of the home's footprint or volume upward that do not require variances. The
variances are necessary.
10. "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 variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the Code.
11. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The average lakeshore setback line on
the Property eliminates the options for expanding and/or improving the home; the granting
of the requested variances are necessary to alleviate a practical difficulty resulting from
the location of the existing home in relation to the neighboring homes. The existing
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RESOLUTION OF THE CITY COUNCIL
NO. 7 2 1 4
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hardcover exceeds permitted levels; the Applicant's proposed removals will result in a 105
square foot reduction.
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 78-330; and a variance to Section 78-
1279 to allow the new second story and new deck to encroach entirely lakeward of the average
lakeshore setback line; and a variance to Section 78-1700 to allow reduction of 105 square feet
of hardcover as part of the project resulting in 31.0% hardcover where 31.6% currently exists and
25% is the maximum permitted by Code to allow a second story addition to be constructed above
the existing home footprint 2.6 feet from the north lot line and to construct a new deck 2.8 feet
from the north lot line where a 7.5 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 08/23/2021 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 (September 13, 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 13th day of September 2021.
ATTEST: CITY •F ORONO:
P/1/g--Th A
Ake
Anna Carlson, City Clerk Dennis Walsh, Mayor
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