HomeMy WebLinkAboutResolution 7392 III II II II I II III I I I II
LAND TYPE Abstract (A)
DOC NUM 11224492
Certified, filed and/or recorded on
Aug 21, 2023 1:36 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 182 Pkg ID 2594653E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
IZLOAte., CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 7392
44-Es H os-ti
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTIONS 78-305
FILE NO.LA23-000032
WHEREAS,Paul Skoog(hereinafter the"Applicant"),applied for variances from the City Code for
the property addressed 250 Tonka Avenue and legally described as:
Lots 11-13,Block 2,Bayside Addition to Lake Minnetonka Hennepin County, Minnesota
(hereinafter.the"Property");
WHEREAS,the Applicant has applied to the City of Orono for lot area,lot width and rear yard
setback variances from City Code Section 78-305 in order to construct a new home; and
WHEREAS,on June 23,2023 the Applicant made a complete application for a variance;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 voted 7 to 0 in favor of a motion to
recommend approval of the variances as applied; 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 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#LA23-000032. 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-1A One Family Lakeshore Residential Zoning District.
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RESOLUTION OF THE CITY COUNCIL
No. 7392
3. The Property contains 18,831 square feet in area and has a defined lot width of 150 feet.
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
b. Lot Area
c. Lot Width
6. In considering this application for a variance, 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 single-family home on a
substandard parcel are supported by practical difficulties. The proposed home is in a similar
location as the existing home on the property and improves certain nonconformities. The existing
topography of the site and site elements such as an existing storm drain limit the placement of the
home. The proposed home meets all required setbacks except for the rear yard setback of 50 feet.
The requested variance is for a 45-foot rear yard setback. The construction of a new home is in
harmony with the general intent of the Ordinance due to the practical difficulties of the substandard
lot size,topography,and location of the existing site elements. This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan." The variances resulting in a new single-family home constructed in a residential district is
consistent the Comprehensive Plan. The applicant has identified necessary practical difficulties
inherent to the land supporting their requests. 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.
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O (} CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
t111/L74'
1.kEsHov-1',
NO. 7392
The construction of a new single-family home is a reasonable use of the property. The
proposed home requires a minimal rear yard setback variance in order to fit the constraints
of the substandard 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 topography and the location of an existing storm drain limits the placement of the new
home and are not the result of the current property owner's actions. This criterion is met.
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variances resulting in the construction of a single-family home will not alter
the character of the area. The proposed home will be in a similar location to that of the
existing home and will meet all other zoning requirements other than the rear yard setback.
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.
S. "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 use is a permitted use in the LR-lA 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 lot size, substandard width, topography, and
existing site elements 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 topography and location of the
existing elements on the property are unique to the subject property.This criterion is met.
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O ,„iv CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
10kt"
NO. 7392
tlkESHO4``t
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant." The proposed home's placement is limited on the site due to site
constraints.The applicant is requesting the minimum amount necessary to construct a reasonably sized
home. The requested rear yard setback of 45 feet where 50 is required is actually an improvement to
what is there currently.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
home on a loot with substandard area and width. The rear yard setback variance is minimal to
construct a new home on the property.All other zoning requirements including hardcover and lot
coverage are met.This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings,the Orono City Council hereby grants a lot area,lot
width and rear yard setback variance from Orono Municipal Zoning Code Section 78-305 to allow the
construction of a new home 45 feet from the rear property line 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 and 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(August 14,2024).
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.
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-szLOAt
O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
4tf\ tiL, NO. 73 92
'EsHO
ADOPTED by the Orono City Council on this 14th day of August,2023.
ATT T: CITY OF ORONO:
nna Carlson, City Clerk Dennis Walsh, Mayor
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LA23-000032 Res 7392 Exhibit A
LA23-000032 Res 7392 Exhibit B
PC Exhibit E