HomeMy WebLinkAboutResolution 7344 (2) CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s� ( NO. 7344
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-1433
FILE NO. LA22-000065
WHEREAS, on December 6, 2022, Dennis-Oare Living Trust, Dated March 11, 2016
(hereinafter the "Applicants"), applied for variances from the City Code for the property addressed
2967 Casco Point Road and legally described as:
Tract B, Registered Land Survey No. 14 70; and
That part of Tract A, Registered Land Survey No. 1470, Hennepin County, Minnesota
which lies southerly of the following described line and its extensions: Commencing at the
most Easterly corner of said Tract A; thence on an assumed bearing of North 9 degrees 03
minutes West along the easterly line of said Tract A a distance of 53.76 feet to the point of
beginning of said line; thence South 63 degrees 06 minutes 06 seconds West a distance of
85.63 feet to an intersection with a segment of the northwesterly line of said Tract A and
said line there ending, Hennepin County, Minnesota. (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1433 to allow an Accessory Dwelling Unit (hereinafter
the "ADU") use on a property 0.73 acre in area where 1.0 acre is required and independent (not
shared) utility connections; and
WHEREAS, on January 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 January 17, 2023, the Planning Commission recommended denial of the
variance; and
WHEREAS, on February 13, 2023, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff and finding practical difficulties,
directed preparation of findings for approval of the variances.
NOW, THEREFORE, BE IT RESOLVED that on February 27, 2023, 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:
1.(LOAT CITY NO. 7 OF ORONO344
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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 C One Family Lakeshore Residential Zoning District.
A3. The Property contains 0.73 acres in area and has a defined lot width of 100 feet.
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 the following variances:
a. ADU Lot Area Variance
b. ADU Utility Connection Variance
A6. 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:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The Applicants, with their neighbors, are eliminating a
nonconforming sized property and increasing the size of their current nonconforming lots.
The Applicants are unable to meet the utility connection and minimum one acre lot size
requirements of the ADU performance standards. The requested variances are in
harmony with the intent of the Ordinance in order to maintain the existing improvements
with a reduced use impact.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." Because an existing nonconforming lot is being eliminated, the lot
area and utility connection variances to support the ADU on the Property are consistent
with the comprehensive plan.
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RESOLUTION OF THE CITY COUNCIL
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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.
Because an existing nonconforming lot is being eliminated, the lot area and utility
connection variances requested to support the ADU on the Property are
reasonable.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The unique shape, size, and orientation of the
Property presents challenges. The variances to permit an ADU on the Property
are consistent with the neighborhood and are supported by practical difficulties.
The proposed increased lot area for the ADU lessen the impact to adjacent
properties and it is reasonable to allow the individual utility connections; and
c. The variance, if granted, will not alter the essential character of the locality." The
ADU exists today as a single-family home on a nonconforming lot. Allowing the
existing building to be used as an ADU accessory to the Applicants' principal home
after the lots are combined will not alter the character of the area.
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 an ADU is allowed in the LR-1 C District.
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."As part of this request, the Applicants propose
changes to the lot configuration which will remove one nonconforming lot, make the
Property with their home conforming, and solve an average lakeshore setback issue that
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RESOLUTION OF THE CITY COUNCIL
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is unique to the subject property. The ADU exists today. There are no structural
alterations proposed. This is a unique condition to the Property.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." Many of the lots in the immediate area are smaller than the 1.0 acre
necessary to support an ADU and would not meet the performance standards to an ADU
use. The request to eliminate the nonconforming parcel between the Applicants and the
neighbors the Abbotts and maintain the primary home as an ADU is a unique situation.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The requested variances to the ADU
performance standards will help to maintain Orono's density standards and are
necessary for the preservation of Applicants' property rights.
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." The granting of
variances to the minimum lot area and shared utility connection standard to permit an
ADU in this circumstance will remove a nonconforming lot from the neighborhood. No
new improvements are proposed which may conflict with the intent of the comprehensive
plan and 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 variances for the ADU are the result
of the unique existing conditions, no new improvements are proposed. The variances are
supported by practical difficulties.
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 78-1433 to allow an Accessory Dwelling Unit
(hereinafter the "ADU") use on a property 0.73 acre in area where 1.0 acre is required and
independent (not shared) utility connections subject to the following conditions:
Cl.Council approval is based on the entire record, above Findings.
C2.Any amendments to the approvals which are not in conformity with City codes may
require further Planning Commission and City Council review.
C3.Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by recording the Subdivision Exception
documents (File #LA21-000078) and new deeds for the properties. The Subdivision
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RESOLUTION OF THE CITY COUNCIL
NO. 7344
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Exception documents and new deeds must be recorded within one year of variance
approval or the variances will expire on that date (February 27, 2024).
C4.The undersigned Owner agrees to the filing of a restrictive covenant against the title of
the Property providing that the ADU will comply with the following Accessory Dwelling
Unit Performance Standards outlined in Section 78-1433 subd 2 and 3:
a. No more than one ADU shall be permitted on a lot or parcel.
b. Total floor area of the ADU shall be no more than 50 percent of the primary
dwelling unit's total floor area. The total floor area of the ADU shall not be less
than 300 square feet.
c. The ADU shall be designed and maintained so as to be consistent with the
architectural design, integrated materials, style, appearance, and character of
the primary residence as a single-family residence.
d. A minimum of two off-street parking spaces (enclosed or on a driveway) shall
be required for the ADU.
e. The ADU must be constructed on a permanent foundation with no wheels.
f. The property shall only have one address. The ADU may not be addressed
separately from the primary residence.
g. The ADU may not be subdivided or otherwise segregated in ownership from
the primary residence structure.
h. An ADU cannot be rented separately from the primary residence.
C5.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 27th day of February, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST:
Anna Carlson, City Clerk
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Dennis-Oare Living Trust, Dated March 11, 2016
By: (.._(S6e. . oture...) it's Trustee
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this i day of ly , 2023, by
, the Trustee of Dennis-Oare Living Trust, Dated March 11,
2016, on behalf of the Trust.
.44b -Jk,,,,,,s, _
Notary P lic
•c .B�, NOLA J DICKHAUSEN 4
.,' API,"A, NOTARY PUBLIC
t,`��.,,. MINNESOTA
My Commission Expires Jan.31,2027 I
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