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Home My WebLink AboutResolution 7352 II I II LAND TYPE Abstract(A) DOC NUM 11191273 Certified, filed and/or recorded on Apr 4, 2023 12:59 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 181 Pkg ID 2551587E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. `gyp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��` NO. 7352 4KEsHO A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-395 FILE NO.LA22-000070 WHEREAS,on December 14,2022,Stacy Kromenhoek(hereinafter the"Applicant"),applied for an after-the-fact variance from the City Code for the property addressed 4085 Watertown Road and legally described as: That part of SE 1/4 Sec. 31,T 118,R23,beginning at intersection of CL of Watertown Road,with east line of west 10 acres of that part of east%2 of SE 'A lying east of west 35 rods and southerly of CL said road and northerly of luce line trail;thence south along said east line 396 ft thence right at right angles 72.94 feet;thence north at right angles 299.6 feet:thence west at right angles 9.56 feet;thence north at right angles to CL of said road:thence sely along said CL to point of beginning.Except road,Hennepin County,MN(hereinafter the"Property"); WHEREAS,the Applicant has made an application to the City of Orono for an after-the- fact variance to Orono Municipal Zoning Code Section 78-395 to allow a constructed deck and deck stairs 17.3 feet from the northern property line, where a 19-foot setback is permitted per previous Resolution 7186; and WHEREAS,on February 21, 2023, 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 February 21, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on March 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and voted 4 to 0 to direct preparation of findings for approval of the variance. 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 and Analysis concerning the Property: FINDINGS OF FACT: 1 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7352 4 Es HO0' 1. This application was reviewed as Zoning File#LA22-000070. 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 RR-1A One-Family Rural Residential Zoning District. 3. The Property contains 0.65 acres in area or 28,531 square feet. 4. Applicant has applied for the following variance: a. Side Yard Setback 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 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 variance is in harmony with the purpose of the Ordinance. The proposed side yard setback is reasonable for a lot that is substandard in size and width. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance to allow an existing deck and deck stairs to remain in place serving a single-family home 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 request to permit an already constructed deck and deck stairs 17.3 feet from the northern property line is reasonable for a lot that is substandard in width and size. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The placement of the deck and deck stairs was not the result of the homeowner's actions. 2 } CITY OF ORONO RESOLUTION OF THE CITY COUNCIL • NO. 7352 4kES H o� c. The variance, if granted, will not alter the essential character of the locality." The side yard setback of 17.3 feet is not substantially different than the 19-foot side yard setback previously approved. The variance will not impact the character of the neighborhood. 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 RR-1A 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 width orientation with respect creates difficulties which 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 property's substandard size and width creates difficulties which are unique to this property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting a side yard setback variance is necessary to preserve the constructed deck and deck stairs and preserves the rights of the property owner. 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 side yard setback variance 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 the side yard setback is necessary, 3 ( OJ CITY OF ORONO Tt` RESOLUTION OF THE CITY COUNCIL f_ NO. 7352 .ktsNo9c' and does not merely serve as a convenience to the applicant as the property has considerable practical difficulties. 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 78-395 to allow a deck and deck stairs to be 17.3 feet from the northern property line 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 submitted by the Applicant and annotated by City staff(hereinafter the"Plans"),attached to this Resolution as Exhibit 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 completing any outstanding inspections regarding the existing stairs. Any outstanding inspections must be completed within one year of the date of Council approval,or the variance will expire on that date(March 21,2024). 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 21 st day of March, 2023. ATTEST: CITY OF ORONO: -).../ ... - - 162427A di . Anna Carlson, City Clerk Dennis Walsh,Mayor 4 Variance Application Site Plan 4085 Watertown Road, Orono, MN 55359 1.18.21 Current Proposed Size 22’x36’ 28’x52’ Offset from Road 21’ 37’ Offset from East ~26.5’ to 22’ (due to angle) 22’ Offset from West 35’ to 25’ (due to angle and inset) 32.5’ to 23’ Proposed Site footprint with garage apron (solid) and pervious drive Septic to be determined after design certification Existing house