The URL can be used to link to this page

Home My WebLink AboutResolution 7341 } I 111 II II II III I LAND TYPE Abstract (A) DOC NUM 11184053 Certified, filed and/or recorded on Feb 28, 2023 8:00 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 181 Pkg ID 2541038E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. -WA/ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL rk0111t:A, NO. 7341 {4#Es H 60- A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279(6),78-1680,78-1700 FILE NO. LA22-000066 WHEREAS, on December 8, 2022, Brandon Bolduc(hereinafter the"Applicant"), applied for variances from the City Code for the property addressed 3365 Crystal Bay Road and legally described as: Lot 13, WALLACE'S ADDITION TO THE VILLAGE OF MINNETONKA BEACH, Hennepin County,MN.(hereinafter the"Property"); WHEREAS,the Applicant has made an application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1279 (6) and 78-1680 to allow the replacement of a deck structure 62.6 feet from the Ordinary High Water Level within the Average Lakeshore Setback and 75-foot setback; and WHEREAS,the Applicant has made an application to the City of Orono for a variance to Orono Municipal Zoning Section 78-1700 to allow the new deck to be constructed in place of the existing awning and over an existing patio changing the nature of the hardcover to allow a total of 56.4% over hardcover for the property; 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 variances;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#LA22-000066. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned 1 st..04/ CITY OF ORONO 1. RESOLUTION OF THE CITY COUNCIL �` NO. 7341 l�kES H&- ti 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 7,072 square feet in area and has a defined lot width of 49.7 feet at the 75- foot lakeshore setback and a lot width of 50.2 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 b. 75-foot Lakeshore Setback c. Hardcover 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 proposed variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its small size and width,and proximity to the lake. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variances to replace and extend an existing deck for the front entryway of a single-family dwelling 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 request to permit construction of a deck on an existing home on the substandard lot,in the proposed location within the required lakeshore setbacks appears to be reasonable as the property's reduced size and orientation with respect to the lakeshore and placement of 2 •szL Op CITY OF ORONO RESOLUTION OF THE CITY COUNCIL O RILZA* NO. 7341 "Esxov- the existing home creates difficulties. While the nature of the hardcover is changing slightly,no increase in overall hardcover is proposed. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The uniquely small lot size,width and location to the lake and roadway within the LR-1C zoning district standards prevent a residential footprint consistent with the neighborhood. The existing deck, awning, and stairs are in disrepair and are unsafe. The proposed deck will occupy the same footprint and give the existing home a safe front entryway. c. The variance, if granted, will not alter the essential character of the locality." The variances are requested in order to permit construction of a new deck in the same footprint as an existing deck and awning structure. The proposed improvement is designed to fit the character of the neighborhood and existing home. 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. 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 the lakeshore and adjacent properties creates 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 lakeshore and adjacent properties creates difficulties which also apply to many of the properties in the same neighborhood. However the existing home location is unique to this property. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �I � �`IL NO. 7341 'ESHO 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."Granting hardcover and lakeshore setback variances are necessary for the preservation of the property rights of the applicant. 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 requested hardcover and lakeshore 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 average lakeshore setback, 75' lakeshore setback and hardcover 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 a variance to Orono Municipal Zoning Code Sections 78-1279(6), 78-1680, and 78-1700 to allow the replacement of a deck structure within the Average Lakeshore Setback, 75-foot Setback and over the allowable hardcover limitation to allow a 62.6-foot lakeshore setback and 56.4% total hardcover 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. 4 "cLOC._, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL I Li= NO. 7341 -ikEsHQv- ADOPTED by the Orono City Council on this 13th day of February, 2023. ATTEST: CITY OF ORONO: avzt Anna Carlson, City Clerk Dennis Walsh, Mayor 5 Traverse PC Resol. No. Exhibit A LA22-000066 Resol. No. Exhibit B LA22-000066