HomeMy WebLinkAboutResolution 7383 1cLOA1CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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�0 � No. 7383
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-305; 78-1279; 78-1288; 78-1680; and 78-1700
FILE NO. LA23-000028
WHEREAS, on May 17, 2023, Loren Parks and Julia Parks, a married couple, (hereinafter
the"Applicants"), applied for variances from the City Code for the property addressed 350
Crestview Avenue and legally described as:
Lots 6, 7, 8, and that part of Lot 5 lying South of the North 40 feet thereof, Block 6,
BAYSIDE ADDITION TO LAKE MINNETONKA, Hennepin County, Minnesota (hereinafter
the"Property");
WHEREAS, the Applicants have made application to the City of Orono for variances to
Orono Municipal Zoning Code Section 78-305 for a lot area variance to allow redevelopment of
a substandard property; a front yard setback variance to permit a 27-foot front setback where a
50-foot setback is required; a side yard setback variance to permit a 10-foot side yard setback
from the north, side lot line where a 30-foot setback is required; and a rear yard setback
variance to permit a 34.7' rear setback where a 50-foot setback is required;
WHEREAS, the Applicants have made application to the City of Orono for variances to
Orono Municipal Zoning Code Section 78-1279 to allow a 39-foot setback from the creek for the
home where a 75-foot setback is required;
WHEREAS, the Applicants have made application to the City of Orono for variances to
Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to allow hardcover within the 75-
foot creek setback; and
WHEREAS, on June 20, 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 June 20, 2023, the Planning Commission recommended approval of the
variances; and
WHEREAS, on July 10, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
1
icz DAT^ CITY OF ORONO
V RESOLUTION OF THE CITY COUNCIL
7383
� NO.
�`AESHO¢`
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:
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-1A One Family Lakeshore Residential Zoning District.
A3. The Property contains 0.45 acres in area and has a defined lot width of 202' feet.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicants have applied for the following variances:
a) A front yard setback variance;
b) A side yard setback variance;
c) A rear yard setback variance;
d) A 75-foot creek setback variance;
e) A hardcover variance to permit hardcover within the 75-foot creek setback; and
f) A lot area 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 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 applicants are proposing to construct a new single-
family home on a residential lot which is consistent with the intent of the Ordinance. The
lot area variance is consistent with the general intent of the Ordinance. The variances
requested for creek setback, front, side, and rear yard setbacks are reasonable
considering extremely limited buildable area of the Property. The hardcover variance is
also necessary due to the extreme creek setback.
2
�tCJ CITY NO. 7 OF383
ORONO
o!lpO RESOLUTION OF THE CITY COUNCIL
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�41cEs H
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances supporting a new single-family residence in a
residential zone are 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
Applicants are proposing to use the Property in a reasonable manner with the
construction of a single-family home. There is no conforming space to construct
a reasonably sized conforming home on the site.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The Applicants did not create the difficulties on the
Property;
c. The variance, if granted, will not alter the essential character of the locality." The
proposed development will not adversely impact the character of the
neighborhood.
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-1A 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." The proximity to and impact of Stubbs Bay
Creek on the Property is unique to the Property.
3
-4z0iv CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
e �� No. 7383
lgkE S H O'9
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The challenge of the substandard lot size within the 2-acre zoning district
is shared by the immediate neighborhood, however is unique within the LR-1A zoning
district.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The legal buildable area of the lot is only 0.6%
of the total lot area. Without variances the Property is unbuildable. The variances are
necessary for the preservation and enjoyment of the Applicants.
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 of the
requested variances would not impair health, safety, comfort or morals and would be in
keeping with the intent of the zoning code.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." Due to the extreme applied setbacks
affecting the property, the variances are necessary and are not merely for convenience.
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 78-305 for a lot area variance to allow
redevelopment of a substandard property; a front yard setback variance to permit a 27-foot front
setback where a 50-foot setback is required; a side yard setback variance to permit a 10-foot
side yard setback from the north, side lot line where a 30-foot setback is required; and a rear
yard setback variance to permit a 34.7' rear setback where a 50-foot setback is required;
variances from Section 78-1279 to allow a 39-foot setback from the creek for the home where a
75-foot setback is required; and variances from Sections 78-1680 and 78-1700 to allow
hardcover within the 75-foot creek supporting a new single-family home on the Property; subject
to the following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey by Otto Associates dated 05/25/2023
and building plans submitted by the Applicants and annotated by City staff, attached to
this Resolution as Exhibits A & B.
C3.Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1104 NO. 7383
4kES HOg`
C4.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 (July 10, 2024).
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 10' day of July, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor A
ATTEST:
Anna Carlson, City Clerk
5
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Feet
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