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HomeMy WebLinkAboutResolution 7364 11111 I'll III II I II 1111 II LAND TYPE Torrens (T) DOC NUM 6015003 Certified, filed and/or recorded on May 24, 2023 4:11 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2566891 E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1560136 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 11 G: NO. 7364 .ES A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000014 WHEREAS, on March 21, 2023, Matthew Johnson and Susanne Johnson (hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed 1007 Wildhurst Trail and legally described as: Attached as Exhibit A (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a home lakeward of the average lakeshore setback line; and WHEREAS, on April 17, 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 April 17, 2023, the Planning Commission recommended approval of the variance by a 6 to 0 vote; and WHEREAS, on May 8, 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 variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. 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. A2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District. A3. The Property contains 1.49 acres in area and has a defined lot width of 150 feet. 1 .�� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. e )1 �,� NO. 7364 ��xEsHo�� A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Applicant has applied for an average lakeshore setback variance. A6. 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: B1."Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The lot includes difficulties due to the channel nature of the shoreline and location of adjacent lots/homes. The purpose of the Ordinance is to protect the lake views enjoyed from neighboring properties. The proposed home location will not impact the existing views from the home at 4455 West Branch Road. The proposed home will be behind the 75' setback. B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The average lakeshore setback is extreme, and there are instances when the City has granted variances to the average lakeshore setback when the home does not encroach in the 75' setback or disrupt the neighboring views. Construction of a home in the proposed location will not impair views from adjacent properties. The proposed variance is consistent with the comprehensive plan. B3."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 the home in the proposed location within the average lakeshore setback is reasonable and preserves the intent of the ordinance by not disrupting the view of the lake by neighboring properties. This criterion is met. 2 LLQ� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ri\iji‘IL �� NO. 7364 ��"ESHoof' b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The orientation of the shoreline and location of the neighboring homes are out of the Applicants' control and create an average lakeshore setback that is unnecessarily onerous. However, the Applicants are reorienting the three existing PIDs into two lakeshore lots which does create challenges when applying the average lakeshore setback. Siting the home in a conforming location inland would adversely impact the Applicants' views of the lake; and 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 home at 75-foot lake setback which will be designed to fit the character of the neighborhood. The proposed home in the proposed location will not impact the existing lake views enjoyed by the adjacent properties which determine the average lakeshore setback line. B4."Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5."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. B6."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-1 B District. The Property is a lakeshore lot; the application of the average lakeshore setback in this circumstance would adversely impact the lake access and views for the Applicants and would result in no added viewshed benefit to the adjacent properties. B7."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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The unique channel shoreline resulting in the severe setback from the lake of the adjacent homes creates difficulties in developing the Property consistent with the other homes in the same neighborhood. B9."The conditions do not apply generally to other land or structures in the district in which the land is located."The Property's channel shoreline positioning combined with the 3 -cLpAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7364 kESHO-- relationship between the existing home and the setback of the homes on adjacent properties creates difficulties for the Applicants. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the average lakeshore setback variance preserves the Applicants' rights to views and enjoyment of the lake enjoyed by other lakeshore property owners. B11."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 variance in this unique situation is not contrary to the intent of the zoning chapter. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The majority of the homes along this channel are situated approximately 75 feet to 125 feet from the lake; constructing a home behind the average lakeshore setback would be out of character for the immediate channel lakeshore neighborhood. The requested variance would not merely serve as a convenience to the Applicants. 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 to allow construction of a new home lakeward of the average lakeshore setback; subject to the following conditions: Cl.Council approval is based on the entire record, above Findings. C2.The approved home location shall conform to all Zoning requirements with the exception of the average lakeshore setback as depicted on the attached Exhibit B. Further, the home footprint is not limited to that which is shown in Exhibit B. C3.Any development of the Property which is not in conformity with City codes may require further Planning Commission and City Council review. C4.Variance approval is subject to the recording of the boundary line adjustment according to the Subdivision Exception Certificate LA23-000018 with Hennepin County. No construction will be permitted prior to the Subdivision Exception being successfully recorded with Hennepin County. 4 -szLOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1�, NO. 7364 (4kESHoit'ti C5.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 (May 8, 2024). C6.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 8th day of May, 2023. CITY OF ORONO: Dennis Walsh, Mayor ATTEST: nna Carlson, City Clerk 5 That part of the following parcel: The West 1/2 of Lots 8, 9, 10, 11, 12, 13 and 14, Block 1; All of Block 3 The West 1/2 of Lots 1 and 2, and all of Lots 9 to 16 inclusive, Block 4 and That part of the West 1/2 of Lots 3 to 8, inclusive, Except that part of the Southerly 220 feet of said Lots lying Northeasterly of the following described line: Commencing at a point in the center of the South line of Lot 8; thence to a point on the West line of Lot 3, said point measured 220 feet North from the South line of Block 4, All in Mount Home Park. Together with: Those parts of Lafayette Avenue, Grandview Place, Hattie Place and the Alley in Blocks 3 and 4, as dedicated to the public in the plat of Mount Home Park described as follows: Those parts of Hattie Place lying east of the east line of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County, Minnesota; south of the south line of Lafayette Avenue and north of the north line of Oak Glen Avenue (now known as Wildhurst Trail) Those parts of LaFayette Avenue lying east of the east line of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County, Minnesota and west of the northerly extension of the east line of the west 1/2 of Lots 8- 14, Block 1, Mount Home Park. Those parts of Grandview Place lying south of the south line of Lafayette Avenue and north of a line drawn from the southwest corner of Lot 8, Block 1 to the southeast corner of Lot 7, Block 3, all in Mount Home Park. Those parts of the Alley in the middle of Blocks 3 and 4 lying south of the south line of Lafayette Avenue and north of the north line of Oak Glen Avenue (now known as Wildhurst Trail). AND That part of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, Township 117, Range 23, Hennepin County, Minnesota, described as follows: Beginning at the northeast corner of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of said Section 7; thence North 88 degrees 17 minutes 15 seconds West, along the north line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, a distance of 80.00 feet; thence South 01 degrees 05 minutes 05 seconds West, parallel with the east line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7, a distance of 150.00 feet to a point hereinafter referred to as Point "A"; thence continuing along the last described line a distance of 156.69 feet; thence South 88 degrees 17 minutes 15 seconds East, parallel with said north line, a distance of 30.00 feet; thence South 01 degrees 05 minutes 05 seconds West, parallel with said east line, a distance of 160.02 feet; thence South 30 degrees 00 minutes 00 seconds East a distance of 96.84 feet to said east line; thence North 01 degrees 05 minutes 05 seconds East, along said east line, a distance of 549.10 feet to the point of beginning. described as lying north of the following line: Beginning at the aformentioned said Point "A"; thence South 88 degrees 17 minutes, 15 seconds East, parallel to said north line of said Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 7 a distance of 509.02 feet to the east line of said West Half of Lots 8 through 14, Block 1, Mount Home Park and there terminating.