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Home My WebLink AboutRes 7198LAND TYPE Abstract (A) DOC NUM 10998574 Certified, filed and/or recorded on Aug 4, 2021 12:39 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie acting, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 172 Pkg ID 2290471E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ?198 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. LA21-000032 WHEREAS, on April 20, 2021, Al Azad (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 165 Bederwood Drive and legally described as: Boundary Description (Doc. 5536466) That part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of Government Lot 3, Section 5, Township 117, Range 23, 1350.36 feet South of the Northwest corner of said Government Lot; thence Southeasterly at an angle of 69 degrees 30 minutes to the West line of said Government Lot 3 to a line drawn parallel to and 305.54 feet east of the West line of said Government Lot 3; thence North along said parallel line 287.46 feet to the point of beginning of the property being described; thence continuing North along said parallel line 87.75 feet; thence deflecting left 65 degrees 53 minutes 43 seconds to a line drawn parallel to and 163 feet East of the West line of said Government Lot 3; thence South along last said parallel line to a line drawn through the point of beginning at right angles to the West line of said Government Lot 3; thence East to the point of beginning. Subject to easements, restrictions and reservations of record, if any, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-305 to allow construction of new single family home on the Property which has 0.39 acres in area where 2.0 acres is required; and 87.7 feet in width where 200 feet is required; and WHEREAS, the Applicants have made application to the City of Orono for variance from Orono Municipal Zoning Code Section 78-305 to allow to allow construction of the home 15.3 feet from the front lot line, and 44.8 feet from the rear lot line where 50 -foot setbacks are required; and WHEREAS, on May 17, 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL, NO. 7 1 9 "Q WHEREAS, on May 17, 2021, the Planning Commission recommended denial of the front and rear setback variances finding no clear practical difficulty to support the proposed setback encroachments; and WHEREAS, on June 14, 2021, the City Council reviewed the revised application and the recommendations of the Planning Commission and City staff and, based on the findings outline below, directed preparation of findings for approval of the lot area, lot width and front yard and rear yard setback variances. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as amended and 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 #LA21-000032. 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, Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.39 acres in area and has a defined lot width of 87.7 feet along the front lot line (the Property does not have frontage on a public or private roadway). 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area Variance b. Lot Width Variance c. Rear Yard Setback Variance d. Front Yard Setback Variance 6. The Property has no lake or street frontage, or roadway access; rather the driveway access to Bederwood Drive is provided via a leased easement over the DNR Luce Line Trail right-of-way. 7. The Property has no clear front or rear property line. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 8. 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 variances area supported by practical difficulties due to the substandard lot conditions and lot of record status. The variances appear to be in harmony with the City's goals for conforming development and is in harmony with the Ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of a residence within a residential zone 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 ownerin 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 new home on the substandard lot, in the proposed location within the rear yard and front yard setbacks seems reasonable as the Property is unique based on the lack of frontage (on the lake or on a street) and abuts a public regional trail. The lot has ambiguous orientation with respect to front and rear yard areas. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The configuration, location, and shape of the lot were not created by the owner. The substandard size of the Property and easement access are existing conditions; there is no available land with which to make the Property conforming. State Statute and City Code allow for redevelopment of a nonconforming lot of record however there is no street or lake frontage to clearly define the front yard area. The applicant's site design appears to be sensitive to the adjacent properties and maintains an existing easement access location. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7198 c. The variance, if granted, will not alter the essential character of the locality. " The orientation and placement of the home on the Property does not negatively impact the local neighborhood character. 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 residential improvement is permitted 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 lot size and orientation without direct frontage on a roadway or lakeshore are particular to the Property and is a relatively unique condition within the City. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The lot size and orientation without direct frontage on a roadway or lakeshore are particular to the Property and is a relatively unique condition within the City. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The owner indicates that granting the variances are necessary for the preservation of their property right. 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 to allow construction of a new residence on a substandard lot is not likely to impair health, safety, and comfort and is not contrary to the intent of the zoning chapter. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 7 NO. " 1-9b 12. `The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The substandard area and width of the Property; and unique landlocked configuration without road or lake frontage create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner. CONCLUSIONS ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Section 78-305 to allow construction of new single family home on the Property which has 0.39 acres in area where 2.0 acres is required; and 87.7 feet in width where 200 feet is required; also setback variances to construct the home 15.3 feet from the front lot line, and 44.8 feet from the rear lot line where 50 -foot setbacks are required; and 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 2/4/21 and revised on 4/19/21 as well as building plans submitted by the Applicants 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 (June 28, 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 28th day of June, 2021. ATTEST: CITY OF ORONO: Na - nna Carlson, City Clerk Dennis Walsh, Mayor • — — Seulh 135a J6 � — — — i Q W i 1 / -E. line of W 163 It, of C-1, Lot 3 South 151.53 Mn I � ; t 3 � 1 1 / i m / / / .-Fefonbq W&I % / .a y -'- / E. Me of W 30554 R. of Govt• lot J-; Front Nwfh P87+6 Nott 87.7 '•i � ,� ce (xe Sone ofa) — 1 ;, aRa'BgR; Qo / MW®R N1 x�Vo ��,�o a-� �e'�eo333 8u$$xoo°k'-o!"i hTg� p� on -P. 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