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HomeMy WebLinkAboutResolution 7342 • LAND TYPE Torrens (T) DOC NUM 6001046 Certified, filed and/or recorded on Feb 28, 2023 8:01 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 92 Pkg ID 2541050E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1389568 This cover sheet is now a permanent part of the recorded document. -‘1,�� CITY No. 7 OF ORONO342 RESOLUTION OF THE CITY COUNCIL � � � 4/(Es H Ovti A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279(6) FILE NO.LA22-000067 WHEREAS,on December 13,2022,Jon Byington(hereinafter the"Applicant"),applied for a variance from the City Code for the property addressed 1270 Wildhurst Trail and legally described as: Tract A, Registered Land Survey No. 1132, Hennepin Country, Minnesota. (hereinafter the "Property"); WHEREAS,the Applicant has made an application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 (6) to allow the construction of deck stairs to serve an existing deck within the Average Lakeshore Setback;and WHEREAS, on January 17, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 January 17,2023,the Planning Commission recommended approval of the requested variance; and WHEREAS, on February 13, 2023 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#LA22-000067. 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-1B One Family Lakeshore Residential Zoning District. 1 -cLOATQ CITY OF ORONO 1RESOLUTION OF THE CITY COUNCIL 111 4 EsHo�� l NO. 73 42 3. The Property contains 0.97 acres in area and has a defined lot width of 125 feet at the 75-foot lakeshore setback and a lot width of 112 feet at the OHWL. 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 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 lake shore setback is to preserve neighboring properties' views of the lake. The proposed encroachment will not impact these views. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan,as is the preservation of lake views and Shoreland management. 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 placement of the staircase is in a reasonable location 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 existing conditions of the existing home on the lot and the extreme average lakeshore setback due to the neighbor to the north are circumstances not created by the landowner. c. The variance, if granted, will not alter the essential character of the locality." 2 -'cLOAT CITY NO. 7 OF ORONO342 RESOLUTION OF THE CITY COUNCIL -�'EsHovti The encroachment into the ALS 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 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-1B 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 extreme distance of the average lakeshore setback due to the neighbor to the north is unique to this property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The conditions do not apply to other land and structures in the district due to the unique ALS for this neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The applicant states this to be true. 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 encroachment is not anticipated to impair any health or safety goals of the city. 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty." Per the applicant,granting this proposal is not for convenience. Granting is necessary due to limited buildable site a reasonable use and very reasonable and minor improvement. 3 CITY OFNO. ORONO7342 RESOLUTION OF THE CITY COUNCIL -1kESH0°' 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(6) to allow the construction of deck stairs to serve an existing deck within 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 attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the "Plans"), 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 framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date(February 13,2024). 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 I3th day of February,2023. ATTEST: CITY OF ORONO: nna Carlson,City Clerk Dennis Walsh,Mayor 4 Resol. No.Exhibit ALA22-000067 ’二I~r 脛 ll_ 歩V~M _」「 ~「1？（5P’5-H+’鼎 ~ ,"scj"" I ■■I■■ヴ 初口口 ＋1－ー~叫 ’ｳ↓~｜｜吟｜｜｜’ ~~ ■■I■ 「王I 二豆~｡LL■i’朴_Ll ~「 子0~6（ 」 圧~T~~~~~~ 斗I日 ■■ ■＝~~~~ポ ’I「11十6－ー ■’ 是丞橦6 1_L卜卜 ’’－－可 一一「■ － －1 ~一｜ ′’ |哩 ■■/IゲドI ’壬 ’ FH十一 工 ’1＝I I－HIⅡ」 ’’ Resol. No. Exhibit B LA22-000067 Mln. Headroom 6'6' Max. 4٠' Sphere Handral! Helghi (34" Min.0ا Max.38"اIIOpen Space إ\، «Code Riser Tread .دCode R'.ser Tread)meets i/j/s٥. requirement) :เรฺ^ |ν^· ج،3ا٢ Building c.d© Requirement Highlights ٠ Minimum clear walking path oi 26 inches. A 5-foot diameter or larger stair will provide this standard stair width ٠ stair tread codes states that each tread will have a minimum of 7 1/2 inch tread depth at 12 inches from the narrow edge . All treads will be identical « The tread rise shall not be more than 9 1/2 inches high . Minimum headroom of 6 foot 6 Inches shall be provided, measuring plumb from the edge of the platform down to the tread below ٠ Landing width shall not be less than the required staircase width. Minimum spiral stair tread width is 26 Inches - Salter's code platforms start at 31 inches wide ٠ stair balusters shall be spaced so a 4-inch object cannot pass between. The IRC Stair Code permits a 4 3/8 inch space « Ва1сопу٨Л/е11 Enclosure guardrail balusters shall be spaced so a 4-inch object SP!RAL STAاR !NSTALLAT!٥N GUIDE Salter -Adjustable Slee٧e -Aluminum Handrail -Primed or Powdercoated 1 UPPER LEVEI LOWER LEVEL PR.JECT SalterSpiralStair.com DRAVMBY:HEADROOM: ٥28٠-1“800٠3ββ (٠ΡίΤ ءا ،ما٠٠ ^،.^ ٠.،٠■٠؛·,٠ا٠ا ١fN٠COM،،OMI،ř٥ ửí،^wẴ-5trengtfi JOB NUMSER.:GNED SY؛DES DATE.