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HomeMy WebLinkAboutResolution 7353 Y T II II 11 II II II I II I II II II LAND TYPE Torrens (T) DOC NUM 6009106 Certified, filed and/or recorded on Apr 21, 2023 4:28 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 2556728E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1551554 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO -cLOAT RESOLUTION OF THE CITY COUNCIL 1 ��`�" NO. 73 53 "EsHO� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1680 & 78-1700 FILE NO. LA23-000001 WHEREAS,on January 6,2023,Brenda Koehnen with Lecy Bros.Homes&Remodeling (hereinafter the"Applicant"), applied for a hardcover variance from the City Code for the property addressed 2617 Casco Point Road and legally described as: That part of Block 1, and that part of Lot 16,Block 2, and that part of Orono Avenue,vacated by abandonment,all in"Winship's Subdivision of Lot 1, Spring Park 2'Division", described as commencing at the Northeasterly corner of Lot 141, Spring Park;thence Northeasterly along the extension of the Easterly line of said Lot 141, a distance of 94.5 feet to the point of beginning; thence Northwesterly deflecting to the left 101 degrees 13 minutes,to the shore of Lake Minnetonka, said line hereafter referred to as Line"A";thence Southerly along said shore, 52 feet,more or less,to the Northerly line of said Lot 141;thence Southeasterly along said Northerly line to the Northeasterly corner of said Lot 141;thence Northeasterly to a point on the extension of said Line"A", distant 12.8 feet Southeasterly from the point of beginning;thence Northwesterly along the last described extension to the point of beginning.(hereinafter the "Property"); WHEREAS,the Applicant has applied to the City of Orono for a hardcover variance from City Code Section 78-1680 & 78-1700 in order to construct a new deck; 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: 1 -c``OO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1A1 �` NO. 7353 `1 xEs x©‘1-. 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#LA23-000001. 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 16,994.2 square feet in area and has a defined lot width of 64 feet at the 75- foot lakeshore setback and a lot width of 51 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. 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 will be reducing the total hardcover with the proposed improvements. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."The proposed variance to construct a new deck on the lakeside of the home is consistent with the comprehensive plan. 2 AiLOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Ott' tiL` NO. 7353 1 EsH©0" 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 for an existing home on a substandard lot appears to be reasonable as the deck meets all required setbacks and the total square footage of hardcover will be reduced. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing hardcover on the site over the 25%limit is not the result of the current property owner. The property owner will reduce the total hardcover on the site by removing a walkway and portion of a patio to accommodate for the new deck. c. The variance, if granted, will not alter the essential character of the locality." The variance is requested in order to permit construction of a new deck partially above an existing patio. The overall hardcover will be reduced on the lot. 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 existing hardcover over the 25%creates difficulties which also apply to many of the properties in the same neighborhood. 3 Op CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1- � ��` NO. 7353 xES H 0Q` 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 existing hardcover creates difficulties which also apply to many of the properties in the same neighborhood. However,the existing home location is 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 hardcover variance is necessary for a basic enjoyment of a main floor lakeside deck which preserves the property 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 hardcover 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 variance for hardcover is necessary,and does not merely serve as a convenience to the applicant as the property has considerable practical difficulties affecting development and will bring the lot closer to conformance. 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 78-1680 and 78-1700 to allow the construction of a new deck over the allowable hardcover limitation to allow a 27.9%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(March 21,2024). 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL egxEs H 0°- NO. 7353 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 21st day of March, 2023. ATTEST: CITY OF ORONO: keawi . Anna Carlson, City Clerk Dennis Walsh,Mayor 5 PDF created with pdfFactory trial version www.pdffactory.com