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Home My WebLink AboutResolution 7216 1111111111111 1111 11 11111 I II LAND TYPE Torrens (T) DOC NUM 5892242 Certified, filed and/or recorded on Oct 29, 2021 2:24 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 162 Pkg ID 2344960E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1334974 This cover sheet is now a permanent part of the recorded document. 4�0�0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 2 `�'ESHO A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA21-000054 WHEREAS, on July 30, 2021, Beth Paulson ("Applicant"), applied for a variance from the City Code for the property addressed 2695 Shadywood Road and legally described as: Lot 2, Block 1 Chapman Addition (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 to allow a home addition within the average lakeshore setback; and WHEREAS, on August 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 August 16, 2021, the Planning Commission recommended approval of the variance; and WHEREAS, on September 13, 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 #LA21-000054. 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-1 B Zoning District. 3. The Property contains 0.9 acres in area and has a defined lot width of 220 feet. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 2 1 6 F G `4kESHo0" 4. The Property is within Tier 1 and hardcover is limited to 6.4 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore 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: 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 addition 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 existing conditions of a uniquely shallow lot for the neighborhood, existing house location and the extreme average lakeshore setback due to the neighbor to the east are circumstances not created by the landowner 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 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. 17, 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 2 -Ory-p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� e NNO. 7216 4kESHO¢' located. This condition is not applicable, a single family home is an allowed use 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. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The extreme distance of the average lakeshore setback due to the neighbor to the east only apply to this property is unique to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions do not apply to other land and structures in the district due to the unique lot for this neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states this to be true. 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. Per the applicant, granting this proposal is not for convenience. Granting is necessary to allow a totally unbuildable site a reasonable use and very reasonable and minor improvement. 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 to allow a home addition within 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 July 29, 2021 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits 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 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 framing inspection must be 3 *lc �pCITY OF ORONO RESOLUTION OF THE CITY COUNCIL A >, NO. 7216 .$ c, ESHo�� completed 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 /jib` day of S:01/7/ --- , 2021. ATTE . CITY OF ORONO: enatAv17------- • Al. . Anna Carlson, City Clerk Dennis Walsh, Mayor 4 CERTIFICATE OF SURVEY FOR BETH PAULSON OF LOT 2, BLOCK 1, CHAPMAN ADDITION HENNEPIN COUNTY, MINNESOTA Resolution No. 7216 Exhibit A . . SCALE IN FEET any Omer encroachments or improvements. -z1-zt ADDeDPROP.oEc KaoRCH ma's o1 GRONBERS, & ASSOCIATES, INC. oArE sae. mr arren wcerv�ve� - 1-21 N sm oln�a surveyor untlx 1211-2 CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS 7-2&21 ADDED ADNL. INFO 21-102 445 N. WILLOW DRIVE LONG LAKE, MN 55356 21-102 T _� N O Z c O .j O N N