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Home My WebLink AboutRes 7202Existing Certs 1380292 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 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE, CITY COUNCIL NO. T 2 0 2 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7202 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: "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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. _ 7 f n 2 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 72 02 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). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ?7 n2 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 12t1 day of July, 2021. 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No. LA21-000041 Exhibit B v N CD N F a' HIM a" ----------• ---------, I , I I 1 1 I , , , , , , 1 t I � E i r -----t --_., 1 I _ 1 I AL I i i i I , I I I E1 -- I 1 I d I I I t � $Qq S ¢W HE,, I IYIVI,IyI £ I L S O N R E S I D E N C E 1955 HERItAOE DRIVE ORONO, lAN 55391 n:a.,.,Mra..w...0.s,,, a,�ala.� wlaanvwi a n nm v N CD N �� I�II01 E , I"I i I I I I 1 1 I I 1 I _ I � 1 I I EEq I I I I I I I I I 1 J1 I -------------------J I I 1 { D ❑ WILSON RESIDENCE 1955 HERITAGE DRIVE ORONO, MN 55391 �� N I lylylyl`I � W I L S 0 N R E S I D E N C E 1 9 5 5 HERITAGE DRtVE ORONO, MN 55391 iU li'f111' W I L S O N R E S I D E N C E 1956 HERITAGE DRIVE ORONO, MN 55391 ii i '_ ry C3 ry W I L S 0 N R E S I D E N C E 1955 HERITAGE DRIVE ORO N O, MN 5 5 3 9 1