HomeMy WebLinkAboutRes 7204LAND TYPE Abstract (A)
DOC NUM 10998561
Certified, filed and/or recorded on
Aug 4, 2021 12:46 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie acting, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 174 Pkg ID 2290484E
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. 7 Z 04
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-360
FILE NO. LA21-000044
WHEREAS, on May 17, 2021, on behalf of the owners: John David Kaercher and
Lisa B. Kaercher, Lecy Brothers Homes and Remodeling, (hereinafter the "Applicant"), applied for
variances from the City Code for the property addressed 3297 Casco Circle and legally described
as:
Lot 169 and Lot 170, Winship's Subdivision of Spring Park Lots, 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 78-350 to allow redevelopment of the substandard
Property with 13,652 square feet in area and 99.9 feet in width where 21,780 square feet in area
and 100 feet in width are 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 variances; 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 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 #LA21-000044. 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7204
2. The Property is located in the LR -1C One Family Lakeshore Residential Zoning District.
3. The Property contains 0.31 acres in area and has a defined lot width of 99.9 feet.
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:
a. Lot Area Variance
b. Lot Width 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 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 ...." Single family residences are a permitted use within the
LR -1C zoning district. This criterion is met.
"Variances shall only be permitted .. . when the variances are consistent with the
comprehensive plan." The residential home and associated residential amenities are
residential uses which are consistent with the comprehensive plan guiding of this and
surrounding properties for residential use.
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 owners are proposing to use the Property in a reasonable manner but the size
of the lot is below the minimum lot size standards of the Zoning Code.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7204
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The Property is substandard for the LR -1C zoning district. Due to the existing
substandard lot size, which is a result of the property being platted as part of the
'Winship's Subdivision of Spring Park Lots' subdivision in 1884, well before local
zoning codes were in effect and the applicants purchase; and
c. The variance, if granted, will not alter the essential character of the locality. "
The immediate neighborhood consists of similarly sized lots. The single family
residence with associated amenities on a single lot in this neighborhood is not
inconsistent with the character of the surrounding neighborhood. Lots surrounding
Property are all similarly within Hardcover Tier 2.
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 -1 C
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 area, lot width, setback, hardcover and
lot coverage standards applying to the Property are similar to those of other properties in
the neighborhood, and there are many similar sized developed lots in the neighborhood.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." T The standards applicable to the Property apply to all other properties in
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7204
the neighborhood; however, in order to be allowed the 30% hardcover that other
developed similar -sized lots are afforded, variances to lot area and lot width are required.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." In the opinion of staff, the property rights of the
owners will be diminished if the lot area and lot width variances are not granted, as the
new residence would not be able to have the 30% hardcover that neighboring similar -
sized lots are allowed.
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 of the area
and width variances would not impair health, safety, comfort or morals and would not be
contrary the intent of the zoning code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." In the opinion of staff, granting of the lot
area and lot width variances will alleviate a practical difficulty by allowing the Property to
be developed under the same hardcover and structural coverage allowances as other
similar -sized developed lots in the neighborhood.
CONCLUSIONS ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variances to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of the
substandard Property with 13,652 square feet in area and 99.9 feet in width where 21,780 square
feet in area and 100 feet in width are 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 requirements and standards within Chapter 78
of the City Code.
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 owners, 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 variances will expire on
that date (July 12, 2022).
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7 Z 04
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 1211 day of July, 2021.
ATTEST:
Anna Carlson, City Clerk
CITY OF ORONO:
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CERTIFICATE OF SURVEY "
of:
LEIGH & DAVE
proposed Hardrorer.
KAE R C H E R PROPERTY DESCRIPTION:
LOT 169 AND 170, s°° Hardcover Inventory and BxWDIt Sheets
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RESIDENCE
LOTS
OF SPRINGSON PARK
SITESITE ADDRESS:
3297 Casco Circle
/ Orono, MN 55391
Proposed Buudlag Coverage:
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Buildings: 2,495 R
Pamhec 178 ■ . ft
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parcel area 19,852 sq. 1t.
coverage 1911%
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EKIS NG STRUCTURES, PATIOS
WALKS Al" DRIVES TO BE REMOVED
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PREPARED FOR: LECY BROS. HOMES &
REMODELING
DEMARS—GABRIEL
I hereby certify that this survey, plan or report was prepared by me or under
File No.
LAND SURVEYORS, INC.
my direct supervision and that I am a duly Registered Land Surveyor under the
14798
2317 W. 93rd St.
Laws of the State of Minnesota.
Book—Doge
Bloomington, MN 55431
763-559-0908nf .
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