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.
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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
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RESOLUTION OF THE CITY COUNCIL
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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.
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RESOLUTION OF THE CITY COUNCIL
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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).
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RESOLUTION OF THE CITY COUNCIL
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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
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