HomeMy WebLinkAboutResolution 7296 �Ot�rO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7296
-'"ES H Ol""
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-330
FILE NO. LA22-000045
WHEREAS, on August 16, 2022, Addilay Homes, (hereinafter the"Applicants"),
applied for a variance from the City Code for the property addressed 1153 Elmwood Avenue and
legally described as:
Lots 8 and 19, "Skarp and Lindquist's Fernhill, Lake Minnetonka", 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 78-330 to allow construction of an attached
garage addition 15 feet from the rear property line where a 30 foot setback is required; and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a deck
walkway 5.9 feet from the side property line where a 7.5 foot setback is required; and
WHEREAS, on September 19, 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 September 19, 2022, the Planning Commission recommended
approval of the variance; and
WHEREAS, on October 10, 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 variances 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#LA22-000045. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7296
''EsH00'
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.
3. The Property contains 0.37 acres in area and has a defined lot width of 51 feet.
4. Applicants have applied for the following variances:
a. Rear and Side Yard Setback Variances
5. 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
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 variances are in harmony with the
purpose of the Ordinance. The small lot includes difficulties in its small size and width,
and is challenged by Elmwood Avenue which runs through the Property.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances to use the Property for a single family
dwelling with an attached garage and a deck 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 proposed project including garage and deck additions on a substandard lot
within the street and side yard setback appears to be reasonable due to the
existing conditions of the home and the limited building envelope of the Property.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
The substandard lot area, width, location of the roadway bisecting the Property
within the LR-1 B zoning district prevent a residential footprint consistent with the
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‘7L0A CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ye NO. 7296
kESHO
district. The applicant has designed the proposed addition to use the limited
building envelope available on the Property; and
c. The variance, if granted, will not alter the essential character of the locality."
The variances are requested in order to permit additions to the existing home
designed to fit the character of the neighborhood. The proposed project will
improve the character of the area by removing an existing building improvement
from the roadway.
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 building improvements are
allowed in the LR-1 B 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 substandard size and
orientation with respect to Elmwood Avenue, and the adjacent properties create
difficulties which also apply to many of the properties in the same 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 substandard size and orientation with respect to the
Elmwood Avenue create difficulties which also apply to many of the properties in the
same neighborhood. However the existing home location is unique to the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting setback variances are necessary for
the preservation of the property rights 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
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BLOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s� NO. 7296
`-IkES H Off'
requested side and street 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 variances for street and side yard
setback are necessary, and do not merely serve as a convenience to the applicant as
the property has considerable practical difficulties affecting development
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Section 78-330 to allow construction of an attached
garage addition 15 feet from the rear property line where a 30 foot setback is required and a
deck walkway 5.9 feet from the side property line where 7.5 feet is required, subject to the
following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the attached site plan and building plans
submitted by the Applicants and annotated by City staff(hereinafter the "Plans"),
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 building permit must be
obtained within one year of the date of Council approval, or the variance will expire on
that date (October 10, 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 10th day of October, 2022.
ATTEST: CITY OF ORONO:
140,) -- _
nna Carlson, City Clerk Dennis Walsh, Mayor
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DETAIL A Exhibit A
[(4 Resolution 7296
LA22-000045
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