HomeMy WebLinkAboutResolution 7281 I
� a
LAND TYPE Abstract(A)
DOC NUM 11143857
Certified, filed and/or recorded on
Sep 7, 2022 11:42 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 138 Pkg ID 2488505E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
-cLOArO CITY
NO. 7 OF281 ORONO
RESOLUTION OF THE CITY COUNCIL
tiF •
`'l''ESHO
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-350 AND 78-1700
FILE NO. LA22-000035
WHEREAS, on June 22, 2022, Atrion Faiola and Lisa Faiola, a married couple,
(hereinafter the"Applicant[s]"), applied for variances from the City Code for the property addressed
2659 Casco Point Road and legally described as:
Lot 137, Spring Park, Hennepin County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of a lot with
substandard area and width; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1403 to permit 21.6% structural coverage
where 20% is the maximum allowed; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1700 to permit 30.8% hardcover where 25%
is permitted; and
WHEREAS, the Applicants revised their plans upon reviewing the staff
recommendations in the planning report. The revised plans were presented to the Planning
Commission at their meeting on July 18, 2022; and
WHEREAS, the Applicants' revised plans reflect a variance to the Orono Municipal
Zoning Code Section 78-1700 to permit 29.2% hardcover where 25% is permitted; and
WHEREAS, the Applicants' revised plans eliminate the need for the structural
coverage variance from Orono Municipal Zoning Code Section 78-1403; and
WHEREAS, on July 18, 2022, 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
1
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
q ��= NO. 7281
kESHOR
WHEREAS, on July 18, 2022, the Planning Commission recommended approval
of the variance with a 4—2 vote based on the revised plans; and
WHEREAS, on August 8, 2022, the City Council reviewed the revised 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 based on the revised plans 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 #LA22-000035. 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-1C Zoning District.
3. The Property contains 0.29 acres in area and has a defined lot width of 60 feet.
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 variance[s]:
a. Lot Area Variance
b. Lot Width Variance
c. Hardcover 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 . . . ." The proposed lot area and width variances are in
harmony with the purpose of the Ordinance. The substandard lot has difficulties in its
2
-cLOATO CITY
NO. 7 OF281
ORONO
RESOLUTION OF THE CITY COUNCIL
��
`�xfsHO
small size and depth, and proximity to the lake impacting redevelopment. The variance
for 29.2% hardcover is in harmony with the purpose of the Ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The variances proposed to develop this nonconforming lot of record
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 home on the substandard lot is
reasonable. The type and level of variances requested for development of the
property and are reasonable
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The substandard lot size is an existing condition and there is no available land with
which to make the Property conforming. There should be consideration for
variance approvals from the lot width and area requirements. The house footprint
is conforming at 20% and the hardcover level requested will support a driveway to
keep vehicle parking off the street;
c. The variance, if granted, will not alter the essential character of the locality."
The variances are requested in order to permit construction of a home, which is
reasonable. However the size and scale of the proposed development on this
property would be out of character with 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.
3
-sz,OATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7281
t�kfSHo
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 home is an allowed use in the
LR-1C 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 substandard size creates
difficulties which also apply to many of the properties in the same neighborhood. The
proposed structural and hardcover levels are scaled for the size of the property and as
proposed are not out of character.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's substandard size creates difficulties which also apply to
many of the properties in the same neighborhood.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting lot area and lot width variances are
necessary for the preservation of the property right of the Owners. The Owners have
indicated the requested hardcover variance is a 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 in this unique situation will not adversely impact health, safety, comfort, or
morals; nor will it be 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 narrowness and substandard size of
the Property create practical difficulties affecting the Property. The variances for lot area,
lot width are necessary, and do not merely serve as a convenience to the Owners.
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 Section78-350 to allow redevelopment of a lot
with substandard area and width; and a variance to Section 78-1700 to permit 29.2% hardcover
where 25% is permitted, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
4
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�e NO. 7281
`4kESHos"
2. The approved project shall conform to the survey dated June 15, 2022 and revised on July
18, 2022; and the building plans dated July 18, 2022 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 (August 8, 2023).
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 8th day of August, 2022.
ATTEST: CITY OF ORONO:
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Anna Carlson, City Clerk Dennis Walsh, Mayor
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City of Orono
Hardcover Calculation Worksheet
Property Address: 2659 Casco Point Road (our survey 212483)
Prepared by: Thomas M. BLoom P.L.S. No. 42379 Date: 7/18/2022
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Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 1: EXISTING HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Use as many lines as necessary to
accurately depict existing hardcover status of the property.
Key to
Survey
Hardcover Item (Describe)
Length x Width
Total (Square Feet)
(Example)
(Garage)
(24' x 30')
(720) S.F.
A
House
1,542 S.F.
B
Bitumiunous Drive
340 S.F.
C
Front Concrete Walk
379 S.F.
D
Garage
481 S.F.
E
Front Retaining Walls
44 S.F.
F
Conc. Steps -North Side Home
50 S.F.
G
Shed -South Side Home
76 S.F.
H
Ret. Wall -South Side Home
7 S.F.
I
Rear Deck & Steps to Lake
892 S.F.
J
Rear Shed
267 S.F.
K
Rear Shed Conc. Patio
204 S.F.
L
Rear Retaining Walls
241 S.F.
M
S.F.
N
S.F.
O
S.F.
P
S.F.
Q
S.F.
R
S.F.
S
S.F.
T
S.F.
U
S.F.
V
S.F.
W
S.F.
X
S.F.
Y
S.F.
Z
S.F.
(1) Total Existing Hardcover
4,523 S.F.
Excludable Hardcover (See City Code Sec 78-1684)
Retaining Walls
292 S.F.
Deck/Porch Credit
100 S.F.
S.F.
S.F.
S.F.
(2) Total
Excludable Hardcover
392 S.F.
(3) Net Existing Hardcover
4,131 S.F.
(4) Total Lot Area
12,851 S.F.
Existing Hardcover Percentage [(3) / (4)]
32.1%
ADVANCE SURVEYING & ENGINEERING CO.
I hereby certify that this report was prepared by me or under my direct supervision and
that I am a licensed professional land surveyor under the laws of the State of Minnesota.
M. 0'3-o !m,
Thomas M. Bloom P.L.S. No. 42379
Step 2: PROPOSED HARDCOVER
In the following table identify all items of existing hardcover on the property, keyed by letter to
Certificate of Survey (survey must accompany this form). Use as many lines as necessary to
accurately depict existing hardcover status of the property.
Key to
Survey
Hardcover Item (Describe)
Length x Width
Total (Square Feet)
(Example)
(Garage)
(24' x 30')
(720) S.F.
A
House
2,017 S.F.
B
Concrete Driveway
1,022 S.F.
C
Front Porch/Steps
69 S.F.
D
Ret. Walls -North Side Home
49 S.F.
E
Ret. Walls -South Side Home
50 S.F.
F
Rear Deck (Patio Below)
224 S.F.
G
Rear Patio
263 S.F.
H
Rear Retaining Walls
96 S.F.
I
Rear Shed
260 S.F.
J
S.F.
K
S.F.
L
S.F.
M
S.F.
N
S.F.
O
S.F.
P
S.F.
Q
S.F.
R
S.F.
S
S.F.
T
S.F.
U
S.F.
V
S.F.
W
S.F.
X
S.F.
y
S.F.
Z
S.F.
(1) Total Proposed Hardcover
4,050 S.F.
Excludable Hardcover (See City Code Sec 78-1684)
Retaining Walls
195 S.F.
Pervious Paver Patio
100 S.F.
S.F.
S.F.
S.F.
(2) Total
Excludable Hardcover
295 S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)]
3,755 S.F.
(4) Total Lot Area
12,851 S.F.
Proposed Hardcover Percentage [(3) / (4)]
29.22%
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