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HomeMy WebLinkAboutResolution 7393 LAND TYPE Abstract (A) DOC NUM 11224529 Certified, filed and/or recorded on Aug 21, 2023 1:41 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 175 Pkg ID 2594663E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. �41V CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7393 11101(1.4'kEsH0 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000033 WHEREAS, on June 21, 2023, Edwin Stephenson and Tracey Stephenson, a married couple, (hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed 559 Park Lane and legally described as: Lots 9 and 10, Block 6, Minnetonka Summit Park, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a lakeside deck to encroach approximately 6.5 feet lakeward of the average lakeshore setback line; and WHEREAS, on July 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 July 17, 2023, the Planning Commission recommended approval of the average lakeshore setback variance; and WHEREAS, on August 14, 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 average lakeshore setback variance 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-1B One Family Lakeshore Residential Zoning District. ^ CITY NO. 7 OF393 ORONO v RESOLUTION OF THE CITY COUNCIL l A3. The Property contains 0.44 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 variance: a. Average Lakeshore Setback Variance A6. In considering this application for variance, 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 proposed variance is in harmony with the purpose of the Ordinance. The Property includes difficulties in its topography and the orientation of adjacent homes. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance to construct a deck on the Property is 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 request to permit the deck and stair in the proposed location partially within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore the existing vegetative screening, the topography, and adjacent properties. The request is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Applicants did not build the home. The linear nature of the shoreline resulting in neighboring home locations all in a continuous 2 �t0� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL riNilliL t G� NO. 7393 •qkE S H OV-- line prevent changes or expansions of the home on the lake side. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality." The variance is requested in order to permit construction of the lakeside deck to which will not adversely impact the character of the neighborhood according to the submitted information. 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 residential improvements are an allowed use in the LR-1B 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 home location and design does not permit construction of a functional deck depth or allow for an access to grade. The home location, the Property's topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicants in improving the property consistent with the homes in their neighborhood on the lake side. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants' submitted information supports the request for the average lakeshore setback variance and they have indicated it is necessary for the preservation of the property right of the owners. 3 O� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL IL G�� NO. 7393 4kIS Hagti 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 the requested variance in this unique situation is not contrary to the intent of the 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 property has an existing patio and can support a deck extending approximately 8-feet from the home. However, the permitted depth would not be functional, the Applicants have provided documentation indicating that the requested variance is the minimum necessary, and does not merely serve as a 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 78-1279 to allow construction of a lakeside deck to encroach approximately 6.5 feet lakeward of the average lakeshore setback line; 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 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. 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 (August 14, 2024). 4 AWN- '- ' CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4� kEtsHO -��� No. 7393 rtlitilE.- � � 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 14th day of August, 2023. CITY OF ORONO: Dennis Walsh, Mayor ATTEST: Anna Carlson, City Clerk 5 14' 32.5’