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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. 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1110 ���� No. 7371 ESuO 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. 2 -cLOA CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1-�R � , NO. 7371 kE s}-i O 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. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL {� �G1� NO. 7371 kEsxoe- 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). 4 illAicli)... CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G�� NO. 7371 �k tsHoiL 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 5