HomeMy WebLinkAboutRecorded Resolution 726011111 MINIM] 11 11 1 11
LAND TYPE Torrens (T)
DOC NUM 5938112
Certified, filed and/or recorded on
Apr 19, 2022 9:25 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 125 Pkg ID 2430448E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
1389568
This cover sheet is now a permanent part of the recorded document.
N.,
CITYNOOF.
7260ORONO
RESOLUTION OF THE CITY COUNCIL
kEsHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA22-000008
WHEREAS, on February 25, 2022, Travis and Julie Dejong ("Applicants"), applied
for a variance from the City Code for the property addressed 1270 Wildhurst Trail and legally
described as:
Tract A, Registered Land Survey No. 1132, 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 78-1279 to allow a basement addition and deck
expansion lakeward of the average lakeshore setback; and
WHEREAS, on March 21, 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
WHEREAS, on March 21, 2022, the Planning Commission recommended approval
of the variance; and
WHEREAS, on April 11, 2022, 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 #LA22-000008. 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-1B Zoning District.
0AT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7260Gt-IkQSHO
3. The Property contains 0.97 acres in area and has a defined lot width of 112 feet.
4. The Property is within Tier 1 and hardcover is limited to 24.2 % according to the
Stormwater Quality Overlay District.
5. Applicant has applied for the following variance[s]:
a. Average Lakeshore Setback
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:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
intent of the average lake shore setback is to preserve neighboring properties'
views of the lake. The proposed encroachment will not impact these views.
2. The variance is consistent with the comprehensive plan. The proposed use of the lot for
residential purposes is consistent with the Comprehensive Plan, as is the
preservation of lake views and Shoreland management.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The placement of the addition is a reasonable
location given the intent of the ordinance to preserve views, and manage
sensitive environmental concerns.
b. There are circumstances unique to the property not created by the landowner; The
existing conditions of the existing home on the lot and the extreme average
lakeshore setback due to the neighbor to the north are circumstances not
created by the landowner and
c. The variance will not alter the essential character of the locality. The
encroachment into the ALS will not impact the character of the locality
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. 17, when in harmony with Orono City Code
Chapter 78. This condition is not applicable.
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CITYNOOF.
7260
ORONO
RESOLUTION OF THE CITY COUNCIL
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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, a single family home is an allowed use in
the LR-1B 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 extreme distance of the average
lakeshore setback due to the neighbor to the north is unique to this property.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The conditions do not apply to other land and structures in the
district due to the unique ALS for this neighborhood.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The applicant states this to be true.
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. The proposed
encroachment is not anticipated to impair any health or safety goals of the city.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. Per the applicant, granting this
proposal is not for convenience. Granting is necessary to limited buildable site a
reasonable use and very reasonable and minor improvement.
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 78-1279 to allow a home addition and deck
expansion lakeward of the average lakeshore setback, 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 12/23/2021 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A.
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 framing inspection must be
3
Oi O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiNO.7260
k
completed within one year of the date of Council approval, or the variance will expire on
that date (April 11, 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 I1 day of 20 --.
AT EST: CITY OF ORONO:
V t 01 AdIP ,
nna Carlson, City Clerk Dennis Walsh, Mayor
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REVISED: 02/21/22 - REMOVE POOL, REVISE IMPERVIOUS COVERAGE
REVISED: 02/01/22 - PROPOSED ADDITION & POOL
1 hereby certify that this survey was prepared by me
or under my direct supervision and that 1 am a duly
licensed Professional Land Surveyor under the laws
of the State of Minnesota.
Steven V. Ische
Traverse PC
22703
License No
17/74/71
L,1 C1 LC
DESCRIPTION OF PROPERTY.•
Tract A, REGISTERED LAND SURVEY
NO. 1132, Hennepin County, Minnesota.
Subject to easements of record.
PROD. #2049-00
Certificate of Survey
for - Byington Homes
of: 1270 Wildhurst Trail
Orono, MN 55364
0 40 80
SCALE IN FEET
9/ Sg`\ NORTHEAST CORNER
OF TRACT A
V
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4a FOREST LAKE
V O,
ELEV. ON 12/15121 = 928.5
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J `moo O.H.W.L. = 929.4
LEGEND
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Set 1/2" X 14" rebar marked
12 _ _
with cap number 22703
SOUTHEAST CORNER
Found Iron Monument
OF TRACT A - - Contour Line
IMPERVIOUS SURFACE COVERAGE:
X Spot Elevation
EXISTING HOUSE: 2,500 S.F.
3 -SEAS. PORCH: 138 S.F.
DECK: 309 S.F.
CONCRETE: 746 S.F.
DRIVEWAY.- 5,800 S.F.
STORAGE SHED: 120 S.F. II E I E RRET. WALLS: 203 S.F.
PROPOSED ADDITION: 416 S.F.
TOTAL IMPERVIOUS: 10,232 S.F. LAND SURVEYING, LLC
LOTAREA (TO O.H.W.): 42,282 S.F.
IMPERVIOUS COVERAGE: 24.2% 1600 Arboretum Blvd., Suite 203
Victoria, MN 55386
952-443-3010
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