HomeMy WebLinkAboutResolution 7282 - recordedLAND TYPE Torrens (T)
DOC NUM 5974993
Certified, filed and/or recorded on
Sep 26, 2022 11:41 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 175 Pkg ID 2495389E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
842291
This cover sheet is now a permanent part of the recorded document.
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7282
4kESHO
RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO.LA22-000039
WHEREAS, on July 15, 2022, William Peters, the property owner, (hereinafter the
Applicant"), applied for a variance from the City Code for the property addressed 1950 Concordia
Street, and legally described as:
Lots 23 and 24, Fagerness including accretions between said lots and Lake
Minnetonka, described as follows:
Beginning at a point on the Southerly line of Under the Linden Avenue which
point is 42.15 feet Southeasterly in a straight line from the West corner of Lot 24,
Fagerness and at an angle of 119 degrees 24 minutes from the Northerly line of said
Lot 24;thence in a straight line of said angle a distance of 61.5 feet to low water mark;
thence Easterly along low water mark to the Easterly line of said Lot 23 extended
Southerly;thence Northerly along the said Easterly line of Lot 23 extended, a distance
of 57.5 feet to the Southerly line of Under the Linden Avenue;thence Westerly on the
Southerly line of Under the Linden Avenue, a distance of 194.2 feet to the point of
beginning, said accretions being subject to the right of the Board of County
Commissioners of Hennepin County, Minnesota for the County of Hennepin, State of
Minnesota to maintain the height of water in said Lake Minnetonka as nearly as
practicable at a point 10 feet 3 inches below the top of the Northeast pier of the bridge
over Shavers Narrows at the entrance to Gray's Bay, said bridge being situated near
the Southwest corner of Section 8, Township 117, Range 22 West, that certain point
being at a height 218.335 feet above the datum line of the City of Minneapolis,
Hennepin County, Minnesota as said datum line is officially established by an
ordinance of the City Council of said City of Minneapolis, as is more particularly set
out in District Court case file number 73992, Hennepin County, Minnesota, according
to the plat thereof on file or of record in the office of the Register of Deeds in and for
said County(hereinafter the "Property");
WHEREAS, the Applicant made an application to the City of Orono for a variance
to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new elevated deck,
including a pergola above, within the average lakeshore setback; and
WHEREAS, on August 15, 2022, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
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BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s NO. 7282
ESHO'
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, on August 15, 2022, the Planning Commission recommended
approval of the variance; and
WHEREAS, on September 12, 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 #LA22-000039. 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 C One Family Lakeshore Residential Zoning District.
3. The Property contains 0.59 acres in area and has a defined lot width of 187 feet of width
at the OHWL and 200 feet at the 75-foot setback.
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:
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 intent of the average lakeshore setback regulation
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BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7282
EsHo "
is to preserve views of the lake from the homes on the neighboring properties. The
proposed deck should not impact existing views of the lake from the property to the east.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed use of the Property is residential and 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 location, size and orientation of the proposed deck is reasonable given the
intent of the ordinance to preserve views, and manage sensitive environmental
concerns.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The shape of the Property was not created by the landowner;
c. The variance, if granted, will not alter the essential character of the locality."
The deck encroachment into the average lakeshore setback 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. 2, when in harmony with Orono City Code Chapter
78."This criterion 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 criterion is not applicable, as a residential improvement is allowed within the
LR-1C Lakeshore Residential 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 criterion is not applicable.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
111c..)NO. 7282
kESH00"
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The corner lot configuration results in a street
setback on two sides, in addition to the lake and average lakeshore setback creating
challenges for development. The corner lot status and triangular shape of the Property are
unique 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 specific conditions impacting the Property do not apply to other land
or structures in the district, or other properties within this neighborhood.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Due to the application of the average lakeshore
setback, structural improvements or changes to the home on the lake side are not
permitted. The Applicant has indicated that the granting of this variance is necessary.
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 deck
encroachment is not anticipated to impair the health, safety, comfort, or morals; nor is it
contrary to 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." According to the Applicant, granting the
average lakeshore setback variance for this project is not a convenience. Granting the
variance is necessary to address limited buildable area, to provide reasonable use, and is
a minimal new encroachment resulting in improved functionality of the Property.
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 a new,
elevated, rectangular deck with pergola, 103.5 feet from the OHWL where the average lakeshore
setback is 128.5 feet, 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
dated February 11, 2022 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.
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cLOAO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti, a NO. 7282
4kESHOR
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 (September 12, 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 12th day of September, 2022.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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