HomeMy WebLinkAboutRecorded Resolution 72591111111 11111 11 111 II
LAND TYPE Torrens (T)
DOC NUM 5938113
Certified, filed and/or recorded on
Apr 19, 2022 9:30 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 138 Pkg ID 2430455E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
1531005
This cover sheet is now a permanent part of the recorded document.
ONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. :205R9
IkESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA22-000013
WHEREAS, on February 23, 2022, Dale and Cynthia Wunderlich (hereinafter the
Applicants"), applied for a variance from the City Code for the property addressed 2726 Caroline
Avenue and legally described as:
Lot 1, Block 1,Carmans Bay 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 78-1279 to allow construction of home
additions 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 as requested; 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 #LA22-000013. 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 One Family Lakeshore Residential Zoning District.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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3. The Property contains 0.8 acres in area and has a defined lot width of 122 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:
a. Average Lakeshore Setback Variance
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. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variance is in harmony with the purpose
of the Ordinance. The Property includes difficulties in its shape, the orientation of the
shoreline, location of adjacent homes, and the existing home's proximity to the lake. The
average lakeshore setback variance will not further impact views of the lake for adjacent
properties.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances to construct additions to the home on this
Property 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 additions in the proposed location
partially within the average lakeshore setback appears to be reasonable
considering the orientation of the neighboring homes with respect to the lakeshore,
the existing vegetative screening, and adjacent properties creates difficulties. The
request is reasonable.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL4NO. 7259
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b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The unique shape of the Property and shoreline, the existing home's location with
respect to the lake and the neighboring home locations prevent lakeside
expansions of the residential footprint consistent with the neighborhood. The
proposed overall hardcover level is conforming. The circumstances are unique to
the Property; and
c. The variance, if granted, will not alter the essential character of the locality."
The variance is requested in order to permit construction of additions to the home
designed to fit the character of the neighborhood according to the submitted
information.
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 single family 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 unique shape and orientation
with respect to the lakeshore, and the setback from the lake of the adjacent homes create
difficulties for the owners in improving the property consistent with the homes in their
neighborhood.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's unique shape, shoreline orientation, and the relationship
between the existing home and the setback of the adjacent properties create difficulties
for the owners.
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RESOLUTION OF THE CITY COUNCIL
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10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the average lakeshore setback
variance is necessary for the preservation of the property right of the owners.
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
requested variance 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 requested variance is necessary, and
does not merely serve as a convenience to the Applicants.
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 construction of new home
additions 21. 5 feet 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 by Sathre Bergquist dated 12/08/2021
and revised 02/18/2022 and building plans dated 02/22/2022 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 (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 11th day of April, 2022.
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iOt1OCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiNO. 7259
4kESHO0'
ATTEST: CITY OF ORONO:
I . / i 4 OP
Anna Carlson, City Clerk Dennis Walsh, Mayor
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WUNDERLICH RESIDENCE
His 2726 CAROLINE AVE. H. v
9 ORONO, MN
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VIM WUNDERLICH RESIDENCE
Mll 2726 CAROLINEAVE.
ORONO, MN
VIM WUNDERLICH RESIDENCE
Mll 2726 CAROLINEAVE.
ORONO, MN