HomeMy WebLinkAbout1st Extension Letter w Resol
27 June 2022
Thomas & Kathryn Bergstrom
1509 Long Lake Blvd
Long Lake, MN 55356
RE: File #LA22-000033
Original Variance File #LA21-000030; Resolution No. 7197
By Resolution No. 7197, the Orono City Council granted approvals for hardcover and setback variances
for the property addressed 1509 Long Lake Boulevard (original file #LA21-000030). We have received
your request dated June 19, 2022 for an extension of the approval which was to expire on June 28,
2022.
Pursuant to City Code Section 78-129 staff may grant a 12-month extension of the approval granted by
Resolution No. 7197. Because nothing has changed since the time of the original request approval your
extension approval has been granted. Your variance will now expire on June 28, 2023. The terms and
approvals granted in Resolution No. 7197 still apply.
Any subsequent request for an additional 12-month extension beyond June 28, 2023 must be received
at least 60 days prior to the new expiration date. Please note, this additional 12-month extension will be
at the discretion of the City Council. Please contact me at 952.249.4627 or at mcurtis@ci.orono.mn.us if
you have any questions.
Sincerely,
CITY OF ORONO
Melanie Curtis
Planner
Attachment
111 11 11 1 II III 11111
LAND TYPE Abstract (A)
DOC NUM 11023800
Certified, filed and/or recorded on
Oct 1, 2021 3:10 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 169 Pkg ID 2327411E
Document Recording Fee 46.00
Document Total 46.00
This cover sheet is now a permanent part of the recorded document.
c!L.O.Aip CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO.7 1 9 7
F
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Qs HOV-
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-305; 78-1279; and 78-1680
FILE NO. LA21-000030
WHEREAS, on April 20, 2021, Thomas C. Bergstrom and Kathryn A. Bergstrom,
husband and wife (hereinafter the "Applicants"), applied for variances from the City Code for the
property addressed 1509 Long Lake Boulevard and legally described as:
Lot 22, and the East half of Lot 21, ALBEE'S LONG LAKE ADDITION, Hennepin
County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a deck within
the 50-foot rear, street setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1279 to allow to allow construction of a deck
within the 75-foot lake setback; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1680 to allow construction of a deck
resulting in approximately 17 square feet of additional hardcover within the 75-foot setback where
80 square feet currently exist and no hardcover is permitted; 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
WHEREAS, on May 17, 2021, the Planning Commission recommended denial of
the variances finding no practical difficulty to support additional hardcover within the 75-foot
setback area; and
WHEREAS, following the Planning Commission meeting, the Applicants made
modifications to the proposed plan resulting in a reduction in the overall 75-foot hardcover with the
proposal; and
t
cLOAr CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7 1 9 7
G
f&Es HO
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 overall
net reduction of hardcover, directed preparation of findings for approval of the 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 #LA21-000030 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 0.37 acres in area and has a defined lot width of 130 feet at the
OHWL and 116 feet at the 75-foot setback.
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. Hardcover within the 75-foot Setback Variance
b. Rear, Street Setback Variance
c. 75-foot Lake 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 rear and lake yard setback variances are in harmony
with the purpose of the ordinance. The lot has topographic challenges as well as an
extreme curved right-of-way and shoreline virtually eliminating the building envelope on
the property.
2
p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
sF NO. 71 97
4'FESHO
G
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 residential
deck 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 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 deck addition on the substandard lot, in
the proposed location within the rear yard and lake yard setbacks seems
reasonable as the Property has extreme topography, curve of the shoreline, and
shape of the lot result in challenges for development. The enlarged deck will allow
the Applicants to create an outdoor living space on the Property where it is difficult
to utilize the lake yard. The elevated deck and proposed removal of hardcover will
also provide more infiltration opportunities for stormwater before it reaches Long
Lake.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The configuration and shape of the lot were not created by the owners. Variances
were granted in 2018 to construct a new home on the Property Resolution No.
6877. The uniqueness found in the shape, size, slope, and proximity to the lake
are difficulties which support granting of the variance for the additional deck space.
The proposed deck expansion is located within the footprint of the previously
existing home on the Property.
c. The variance, if granted, will not alter the essential character of the locality."
The variances permitting the deck addition will not alter the character of the
neighborhood. Many of the surrounding homes have decks on the lake side of their
home. It does not appear that the setback variances will adversely impact the
adjacent property owners or views of the Property from the lake.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
3
Wryp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7 1 9 7
G
4kESHO
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 shape, proximity to the lake,
and the topography are particular to the Property and surrounding properties within this
immediate neighborhood.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The setbacks of adjacent homes in the neighborhood are somewhat
similar to the Property, as well as the conditions specifically impacting the Property. The
lot size and shape, topography, home proximity to the lake, and the required 50-foot
street setback generally apply to the other substandard properties in this immediate LR-
1A neighborhood.
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 additional deck area while reducing the level of
nonconforming hardcover in the lake yard is not likely to impair health, safety, and comfort
and 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 substandard area and width of the
Property; shape and depth of the lot; steepness of the lot; and unique shoreline
configuration create practical difficulties affecting the Property; the variances are
necessary and do not merely serve as a convenience to the owner.
4
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti NO. 7197
ikESHos`
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants the following:
A variance from Section 78-305 to allow construction of a deck within the 50-foot
rear, street setback; and
A variance from Section 78-1279 to allow to allow construction of a deck within the
75-foot lake setback; and
A hardcover variance from Section 78-1680 resulting in a reduction of hardcover
within the 75-foot setback where 330 square feet of hardcover currently exists and
238 square feet is proposed to construct a deck expansion; 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 and deck plan 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:
P41Old ia- IIII' '
Anna Carlson, City Clerk Dennis Walsh, Mayor
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