HomeMy WebLinkAboutResolution 7371 II 110 II II III II I I I II
LAND TYPE Torrens (T)
DOC NUM 6019974
Certified, filed and/or recorded on
Jun 23, 2023 1:33 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 102 Pkg ID 2575948E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1519028
This cover sheet is now a permanent part of the recorded document.
‘x.OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
.e., I-OIL-
G`'` NO. 7371
11 E S H 09"
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO.LA23-000020
WHEREAS,on April 3,2023,Jamie Grant(hereinafter the"Applicant"),applied for a variance
from the City Code for the property addressed 3020 Casco Point Road and legally described as:
Lot 1, Block 1,Kelly 2nd Addition,Hennepin County,Minnesota(hereinafter the"Property");
WHEREAS,the Applicant has applied to the City of Orono for an average lakeshore setback
variance setback from City Code Section 78-1279 in order to expand a deck; and
WHEREAS,on May 15,2023,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 May 15,2023,the Planning Commission voted 7 to 0 in favor of a motion to
recommend approval of the variances as applied;and
WHEREAS,on June 12,2023 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#LA23-000020. 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 25,300 square feet in area and has a defined lot width of 111 feet at the 75-
foot lakeshore setback and a lot width of 111 feet at the OHWL.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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���� No. 7371
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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 variances:
a. Average Lakeshore Setback
6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances 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 average lakeshore setback variance is required for the expansion of a
lakeside deck. The neighboring properties to the north and south are positioned in a way that the
existing deck and the proposed expansion does not impact views of the lake. The requested
expansion of approximately 205 square feet is minimal,does not impact lake views, and increases
enjoyment of the subject property. This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan." The variance resulting in an expanded lakeside deck for a residential use is consistent with
the comprehensive plan. There have been instances when the City has granted variances from
average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is
not within the 75-foot setback. The proposed deck expansion is not likely to impact any lake views
and is not within the 75-foot setback. This criterion is met.
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 existing deck was constructed prior to the City's current regulations.The current deck
is nonconforming and within the average lakeshore setback. The expansion of the deck
increases the use and enjoyment of the lake property and is a reasonable request. The
proposal preserves the intent of the ordinance by not disrupting any neighboring lake
views. This criterion is met.
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-cLOA CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1-�R � , NO. 7371
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b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The existing house and deck were not constructed by the current property owners. The
applicant is requesting the average lakeshore setback variance to expand the existing deck
for better use and fit for the current family's needs; and
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variance resulting in the expansion of a lakeside deck will not alter the
character of the locality.The existing deck will be expanded by approximately 205 square
feet and will be 7 feet closer to the lake resulting in a 97-foot setback from the OWHL.
The expansion is minimal and will not impact the lake views from either neighboring
property. The neighbor to the north is screened by a well-established tree line along the
property line and the neighbor to the south's home viewshed is oriented away from the
subject property line. All other setbacks including the 75-foot lakeshore setback and
hardcover are met. This criterion is met.
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 a permitted 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 existing nonconforming deck and the position of the property
in relation to the neighboring homes is unique. The neighbor to the north is screened by a well-
established tree line along the property line and the neighbor to the south's home viewshed is oriented
away from the subject property line.This criterion is met.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
{� �G1� NO. 7371
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9. "The conditions do not apply generally to other land or structures in the district in which the land is
located." The request is specific to this property as it relates to an existing nonconforming deck.This
criterion is met.
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant.". The proposed expansion of the nonconforming deck preserves the
property owner's right to enjoy the lakeyard. The minor expansion does not negatively impact the
neighboring properties or their views of the lake.This criterion is met.
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 variances will
not adversely impact health,safety,comfort,or morals of the community.This criterion is met.
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 allow for the construction of an
expanded deck in order for it to be used and enjoyed by the current property owners.This criterion is
met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a variance
from Orono Municipal Zoning Code Sections 78-1279 to allow the expansion of a deck 97 feet from the
OHWL 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(June 12,2024).
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illAicli)... CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
G�� NO. 7371
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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 12th day of June,2023.
ATTEST: CITY OF ORONO:
ti 111/i e Alfi e.
Anna Carlson, City Clerk Dennis Walsh,Mayor
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