HomeMy WebLinkAboutRecorded Resolution 7247Existing Certs
1421614
LAND TYPE Torrens (T)
DOC NUM 5918123
Certified, filed and/or recorded on
Jan 27, 2022 12:45 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 149 Pkg ID 2392929E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7247
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-330
FILE NO. LA21-000069
WHEREAS, on October 18, 2021, William Severson and Alena Severson, the
owners, (hereinafter the "Applicants"), applied for a variance from the City Code for the property
addressed 4635 Tonkaview Lane and legally described as:
Parcel ID No. 07-117-23-32-0027: Tract D, Registered Land Survey No. 1036,
Hennepin County, Minnesota (COT 1421614), (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for a front
yard setback variance to Orono Municipal Zoning Code Section 78-330 to allow construction of
footprint additions within the 35 -foot front yard and a 2nd story addition proposed with a zero lot
line setback within the required 35 -foot front yard; and
WHEREAS, on November 15, 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 November 15, 2021, the Planning Commission recommended
approval of the requested variance with a vote of 3 to 2; and
WHEREAS, the City Council at a meeting held December 6, 2021, reviewed the
application and the recommendations of the Planning Commission and City staff, and
recommended certain changes to the proposed plans to reduce the impacts on the setbacks; and
WHEREAS, on January 10, 2022, the City Council directed preparation of findings
for approval of the variance based on the Applicants' revised plan dated 01/04/2022 reflecting a
minimum 10 -foot setback from the front property line; and
WHEREAS, on January 10, 2022, the City Council directed preparation of an
Encroachment Agreement to address the non -building structures encroaching within the right -of
-way.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variance as revised and as described above based on one or
more of the following findings of fact concerning the Property:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
FINDINGS OF FACT:
NO.7247
1. This application was reviewed as Zoning File #LA21-000069. 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 -1 B One Family Lakeshore Zoning District.
3. The Property contains 0.52 acres in area and has a defined lot width of approximately 228
feet.
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 variance:
a. Front Yard 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 revised, proposed front setback variance reflecting
a 10 -foot setback from the front property line is in harmony with the purpose of the
Ordinance as the existing one story home encroaches beyond the property line. The
Applicants' plan provides separation and minimization of massing when viewed from the
street.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed upward expansion of the home has been moved 10 -
feet away from the front lot line to provide separation and minimizes the massing within
such a close proximity to the front property line; the residential improvement is consistent
with the comprehensive plan.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7247
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 existing home is almost entirely within the required 35 -foot front yard setback.
The proposed expansion over the existing structure has been revised to minimize
massing and provide a 10 -foot setback from the property line where a 35 -foot
setback is required. The proposed improvement provides an expansion
opportunity yet is reasonably scaled within the substandard setback.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The property owners did not create the nonconformities. The Applicants stated that
the original location of the home limits opportunities for upward or footprint
expansions. Staff finds the current existing home is nonconforming and can be
maintained. The revised proposal reflecting a 10 -foot front yard setback for the 2"d
story is reasonable considering the existing condition; and
c. The variance, if granted, will not alter the essential character of the locality."
The variance to permit an increase in the overall upward massing of the home
within the front yard setback meeting a 10 -foot separation from the front lot line will
not alter the character of 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.
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 improvements are an allowed use in
the LR -1 B District.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7247
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." True, the unique conditions applying to this
property are specific to the Property.
9. 'The conditions do not apply generally to other land or structures in the district in which the
land is located." The existing condition of the nonconforming home location on the Property
is specific to the Property. The setback is out of character.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The Applicant states the project is necessary for
the preservation of their property right. The revised plan results in a 2nd story expansion of
the living space providing a 10 -foot setback which is more reasonable yet would still require
a setback variance.
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
revised 10 -foot setback is supported by practical difficulty 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 proposed massing encroachment
over the existing footprint has been stepped into the Property 10 -feet is not merely 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 78-330 to allow construction of a 2"d floor
addition 10 -feet from the Property line and additions to the footprint to expand the home toward
the south, within the 35 -foot front yard setback, according to the revised plans and 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 revised building plans dated
01/04/2022 submitted by the Applicants and annotated by City staff, attached to this
Resolution as Exhibits A & B.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7247
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 (January 24, 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 2411 day of January, 2022.
ATTEST:
Anna Carlson, City Clerk
mi-6,1161ANHU01t
Dennis Walsh, Mayor
Li Resol. No. 7247
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