HomeMy WebLinkAboutResolution 7370 f
LAND TYPE Torrens (T)
DOC NUM 6019980
Certified, filed and/or recorded on
Jun 23, 2023 12:57 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 129 Pkg ID 2575925E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1553428
This cover sheet is now a permanent part of the recorded document.
DAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330,78-1435,78-1681,& 78-1700
FILE NO.LA23-000017
WHEREAS,on March 22,2023,Murphy Co&Design(hereinafter the"Applicant"),applied for
variances from the City Code for the property addressed 746 Tonkawa Road and legally described as:
That part of Lot 11, lying Southeasterly of a line drawn parallel to and 25 feet Southeasterly,
measured at right angles from the Northwesterly line thereof,extended,"Parten's Point First
Division"Hennepin County,Minnesota(hereinafter the"Property");
WHEREAS,the Applicant has applied to the City of Orono for a rear yard setback variance for
an accessory structure from City Code Sections 78-330 and 78-1435 in order to construct a new detached
garage; and
WHEREAS,the Applicant has applied to the City of Orono for a driveway width variance from
City Code Section 78-1681 in order to construct a new driveway; and
WHEREAS,the Applicant has applied to the City of Orono for a variance from hardcover from
City Code Section 78-1700 in order to have a total hardcover above the maximum 25%; 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 voted 6 to 0 to table the item to a later
meeting; and
WHEREAS,on May 15,2023,a revised plan was presented and reviewed and the Planning
Commission voted 7 to 0 in favor of a motion to recommend approval of the variances as revised; and
WHEREAS,on June 12,2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff;and
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Op CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� �� NO. 7370
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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#LA23-000017. 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-1B One Family Lakeshore Residential Zoning District.
3. The Property contains 15,472 square feet in area and has a defined lot width of 77 feet at the 75-
foot lakeshore setback and a lot width of 77 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 variances:
a. Rear Yard Setback—Accessory Structure
b. Driveway Width
c. Hardcover
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 variances for the construction of a new accessory building and driveway
are supported by practical difficulties.The lot has significant topographical challenges that prevent
the new garage to be placed further from the rear lot line. The proximity of the garage to the rear
lot line also creates difficulties in adhering to driveway width requirements. The applicant is
proposing to reduce the total hardcover on the site bringing it closer to conformance with the
Ordinance. This criterion is met.
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Op CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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2. NO. 7370
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2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan."The variances resulting in the construction of a new accessory building in a residential zone
are consistent with the Comprehensive Plan. The applicant has identified necessary practical
difficulties inherent to the land supporting their requests.The proposed project will also reduce the
overall hardcover on the site which is consistent with the goals and intent of the Comprehensive
Plan. 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.
Constructing a new accessory building to be used as a detached garage is a reasonable use
of the property. The current garage is nonconforming and is served by a steep driveway.
The new property owners would like demolish the existing garage and construct a new
garage closer to the street while reducing the overall hardcover on the site. The proximity
of the garage to the rear property line and the width of the driveway do not meet code
requirements.The applicant has demonstrated practical difficulties in the steep topography,
substandard lot size and placement of existing improvements on the lot. This criterion is
met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The topographical challenges unique to the property were not created by the landowner;
and
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variances will allow the construction of a new detached garage near the
street. Many neighboring homes have garages along the street and some neighboring
properties have garages with garage doors facing the road. The proposed placement of the
detached garage will not alter the character of the locality. 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. §
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4�a Al
O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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-1B 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 substandard size and width of the property along with the
existing structures and topographical challenges are unique conditions to this specific property. This
criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the land is
located." While the surrounding properties are similar in size, the specific location of the existing
structures on the property and the steep topographical changes are unique to the subject property.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 current property is served by a steep driveway that is especially
unsafe in the winter months.Granting of the application is necessary.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 a new
detached garage without a steep driveway.The project will also decrease the overall hardcover on the
site bringing it closer to conformance.The proposal is necessary and not out of convenience.This
criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings,the Orono City Council hereby grants variances to
Orono Municipal Zoning Code Sections 78-330,78-1435,78-1681, and 78-1700 to allow the construction
of an accessory structure 10 feet from the rear property line, a 34-foot-wide driveway, and 32.15%total
hardcover subject to the following conditions:
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-OAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1.� :A-
NO. 7370
4/QsH0Q'Ic'
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).
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:
5fi Era,
Anna Carlson,City Clerk Dennis Walsh,Mayor
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Resol No 7370 Exhibit A LA23-000017
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9632023-
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0954953953952951950949948947946960
Keenan & Sveiven, Inc.
15119 Minnetonka Blvd.
Minnetonka, Minnesota 55345
Telephone 952 475 1229
Facsimile 952 475 1667
D E S I G N · B U I L D
Landscape Architecture
Walter Residence2023-3-16
I hereby certify that this plan,
specification, or report was
prepared by me or under my
direct supervision and that I am a
duly Registered Landscape
Architect under the laws of the
State of Minnesota.
Todd Irvine
date:0000/00/00
reg. no.00000
date:
revisions:
drawn:
Landscape
Site Plan
L-1
TI 746 Tonkawa RoadOrono, MNNORTH
0 feet16
1/8" = 1'-0"
8 24 32
2023-3-27
2023-3-31
2023-4-26
9569629599589579559
5
4 945953
962
96
0
96
1
95
7
95
8
95
9
95
6
9
5
5
9632023-
4-
2
0954953953952951950949948947946960
Keenan & Sveiven, Inc.
15119 Minnetonka Blvd.
Minnetonka, Minnesota 55345
Telephone 952 475 1229
Facsimile 952 475 1667
D E S I G N · B U I L D
Landscape Architecture
Walter Residence2023-3-16
I hereby certify that this plan,
specification, or report was
prepared by me or under my
direct supervision and that I am a
duly Registered Landscape
Architect under the laws of the
State of Minnesota.
Todd Irvine
date:0000/00/00
reg. no.00000
date:
revisions:
drawn:
Landscape
Planting
Plan
L-2
TI 746 Tonkawa RoadOrono, MNNORTH
0 feet16
1/8" = 1'-0"
8 24 32
2023-3-27
2023-3-31
2023-4-26