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Home My WebLink AboutResolution 7313 I II LAND TYPE Torrens (T) DOC NUM 5992400 Certified, filed and/or recorded on Dec 27, 2022 2:36 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 87 Pkg ID 2525484E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1536218 This cover sheet is now a permanent part of the recorded document. gp CITY OF ORONO 0 RESOLUTION OF THE CITY COUNCIL G>ti NO. 7313 kESHO�� A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-350 & 78-1700 FILE NO. LA22-000052 WHEREAS, on September 20, 2022, Denali Custom Homes (hereinafter the "Applicant"), applied for variance from the City Code for the property addressed 1780 Shadywood Road owned by Jon and Erin Wessling (hereinafter the"Owners") and legally described as: Lot 19, Shady-Wood, Hennepin County, Minnesota (Certificate of Title 1536218) (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a home addition 18.3 feet from the rear property line where a 30-foot setback is required; and WHEREAS, the Applicant has also made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to permit 3,907 square feet or 32% hardcover where 25% is allowed and 32.7% currently exists in conjunction with a home addition; and WHEREAS, on October 17, 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 October 17, 2022, the Planning Commission recommended approval of the variances; and WHEREAS, on November 14, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff and directed preparation of findings for approval of the variances. NOW, THEREFORE, BE IT RESOLVED that on November 28, 2022, 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: 1 �O A CITY OF ORONO RESOLUTION OF THE CITY COUNCIL '1 G NO. 7 3 1 3 kEsH.oit FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA22-000052. 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. 3. The Property contains 0.23 acres in area and has a defined lot width of 70 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 variances: a. Rear Setback Variance b. Hardcover 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 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 requested setback variance to construct an attached garage to the home 18.3 feet from the rear lot line is reasonable and results in an improvement from the existing condition. The proposed hardcover level is the minimum amount necessary to meet the applicant's needs including a required back up turnaround. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances allowing the addition to the existing home in a residential zone are consistent with the Comprehensive Plan. The setback variance allowing the connection of the garage to the home including the upward volume expansions will improve the safety along the roadway and improve the livability and functionality of the house and is an improvement from the existing conditions. The level of hardcover proposed including the required back up turnaround is consistent with the comprehensive plan. 2 OA CITY OF ORONO Q RESOLUTION OF THE CITY COUNCIL No. 73113 -(kESHO' 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 Applicant's request to permit a connecting addition to the home and upward expansion of the garage within the rear setback is reasonable and improves the existing nonconforming setbacks from the rear and side. The level of hardcover proposed is a reduction from the existing conditions and provides for the required back up turnaround; the request is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot size and the location of the garage and home on the Property were not created by the Owners; and c. The variance, if granted, will not alter the essential character of the locality." The requested variances will not result in the home being out of character with the neighborhood based on the scale and proximity to Shadywood Road. The new encroachments of the home addition and additional massing resulting from the second story will not alter the character of the locality. This criterion is met. 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 residential 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. 3 sLOAT CITY OF ORONO 1014 RESOLUTION OF THE CITY COUNCIL NO. 7313 8. "The-.special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The lot size, detached garage location, and hardcover level are existing conditions which are not uncommon in the immediate neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location of the detached garage and hardcover level are existing conditions which are not unique to the Property. The Property's substanda rd size crea tes difficulties which also apply to many of the properties in the same neighborhood. 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 principal structure. The Applicant has indicted the proposed expansion of the existing home 18.3 feet into the rear setback and associated hardcover variance is necessary for the preservation of the Owners' property 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• variances in this unique situation will not adversely impact health, safety, comfort, or morals; nor will it be 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 narrowness and substandard size of the Property including proximity to Shadywood Road create practical difficulties affecting the Property. The variances for setback and hardcover are necessary, and do not merely serve as a convenience to the Owners. 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 78-350 to allow construction of a home addition 18.3 feet from the rear property line where a 30-foot setback is required; and a variance to Code Section 78-1700 to permit 3,907 square feet or 32% hardcover where 25% is allowed and 32.7% currently exists in conjunction with a home addition 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 05/18/2022 and revised on 09/29/2022 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 4 -coAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7313 -4IESHO�� 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 (November 28, 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 28th day of November, 2022. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 5 PC Ex h i b i t E