HomeMy WebLinkAboutResolution 7278LAND TYPE Abstract (A)
DOC NUM 11143861
Certified, filed and/or recorded on
Sep 7, 2022 11:35 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 149 Pkg ID 2488499E
Document Recording Fee 46.00
Document Total 46.00
This cover sheet is now a permanent part of the recorded document.
p CITY OF ORONO
p RESOLUTION OF THE CITY COUNCIL
y NO. 7278
i"ESHO
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-305
FILE NO. LA22-000026
WHEREAS, on May 12, 2022, Al Azad (hereinafter the "Applicant"), applied for
variances from the City Code for the property addressed 165 Bederwood Drive and legally
described as:
Boundary Description (Doc. 5536466)
That part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota,
described as follows:
Commencing at a point on the West line of Government Lot 3, Section 5, Township 117,
Range 23, 1350.36 feet South of the Northwest corner of said Government Lot; thence
Southeasterly at an angle of 69 degrees 30 minutes to the West line of said Government Lot
3 to a line drawn parallel to and 305.54 feet east of the West line of said Government Lot 3;
thence North along said parallel line 287.46 feet to the point of beginning of the property
being described; thence continuing North along said parallel line 87.75 feet;thence deflecting
left 65 degrees 53 minutes 43 seconds to a line drawn parallel to and 163 feet East of the
West line of said Government Lot 3; thence South along last said parallel line to a line drawn
through the point of beginning at right angles to the West line of said Government Lot 3;
thence East to the point of beginning. Subject to easements, restrictions and reservations of
record, if any, 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 78-305 to allow a 4.4 foot setback from the
north, side lot line, and a 10.1 foot setback from the front lot line; and
WHEREAS, an existing MN Department of Natural Resources (hereinafter the
DNR") right-of-way easement area extends 7.4 feet into the Property. The DNR will not permit
new encroachments; and
WHEREAS, on June 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
I
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
L
yF Gfi NO. 7278
i"EsHO
WHEREAS, on June 21, 2022, the Planning Commission recommended denial of
the variance into the side yard citing the conflict with the DNR right-of-way; and
WHEREAS, on July 7, 2022, the Applicant provided a revised plan eliminating the
encroachment into the DNR right-of-way and revising the side setback to 9.1 feet where 10 feet
is required; and
WHEREAS, on July 25, 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 variances as revised 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 #LA22-000026. 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 0.39 acres in area and has a defined lot width of 87.7 feet along
the front lot line (the Property does not have frontage on a public or private roadway).
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 variances:
a. Front Yard Setback Variance
b. Side Yard Setback Variance
6. The Property has no lake or street frontage, or roadway access; rather the driveway
access to Bederwood Drive is provided via a leased easement over the DNR Luce Line
Trail right-of-way.
7. The Property has no clear front or rear property line.
8. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
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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 setback variances are supported by practical
difficulties due to the substandard lot conditions and lot of record status. The requested
variances for front and side setback for the garage addition appear to be in harmony with
the City's goals for conforming development and are in harmony with the Ordinance. The
requested setback variances are reasonable considering the location of the existing
home.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." Based on the location of the existing home setback variances are
needed to construct the attached garage addition to the home which 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 required setbacks for the Property allow for an approximate 3,200 square foot
building area; the existing home footprint extends 10 feet outside of the buildable
envelope. It is reasonable to connect the garage addition on the east side of the
home to utilize the existing driveway easement which requires variances.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The substandard size of the Property, railroad right-of-way encroachment,
orientation, and driveway easement access are existing conditions; there is no
available land with which to make the Property conforming. The location of the
driveway easement and existing home are likely driving the design and support the
setback variances;
c. The variance, if granted, will not alter the essential character of the locality."
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NO. 7278
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The orientation and placement of the home and proposed additions on the Property
does not appear to negatively impact the local neighborhood character.
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 residential home 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."There are special conditions to the land justifying
the setback variances in the existing home location, easement access and driveway
configuration. This criteria is met.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The LR-1A setbacks are not specific to the Property yet a number of other
small lots exists within this area. The setbacks cause the need for the requested setback
variances. This criteria is met.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Substantial property right is provided by the home
on the Property. The requested variances would allow for a logical connection to an attached
garage within the side and front yard setbacks preserve the owner's rights.
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
variances in this unique 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 Applicant asserts that the setback
4
O CITY OF ORONO
0 RESOLUTION OF THE CITY COUNCIL
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4KESHORt
variances are necessary. The setback variances provide for a garage orientation and
footprint location which make use of the existing home and driveway orientation.
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 an attached
garage 10.1 feet from the front property line, and 9.1 feet from the north, side property line, 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 July 6, 2022 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 25, 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 25' day of July, 2022.
ATTEST: CITY OF ORONO:
lAA
Ana Carlson, City Clerk Dennis Walsh, Mayor
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