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Home My WebLink AboutResolution 7394 LAND TYPE Torrens (T) DOC NUM 6034046 Certified, filed and/or recorded on Sep 6, 2023 12:06 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 149 Pkg ID 2599628E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1531005 This cover sheet is now a permanent part of the recorded document. 1 LAND TYPE Torrens (T) DOC NUM 6033756 Certified, filed and/or recorded on Sep 1, 2023 3:01 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 125 Pkg ID 2598950E Document Recording Fee $46.00 Multiple Certificates Affected Fee $120.00 Document Total $166.00 Existing Certs 1549954, 1547584, 1547489, 1540893, 1532246, 1540031, 1537768 This cover sheet is now a permanent part of the recorded document. sQ1V CITY NO. 7 OF394 ORONO O RESOLUTION OF THE CITY COUNCIL 4kESHOQ`' A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000043 WHEREAS, on July 19, 2023, Dale and Cynthia Wunderlich (hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed 2726 Caroline Avenue and legally described as: Lot 1, Block 1, Carmans Bay Addition, 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 78-1279 to allow roof encroachments as part of a new home construction project lakeward of the average lakeshore setback; and WHEREAS, on August 21, 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 August 21, 2023, the Planning Commission recommended approval of the variance as requested; and WHEREAS, on August 28, 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 variance 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#LA23-000043. 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. 1 *,111(IL: CITYQFORQNO RESOLUTION OF THE CITY COUNCIL c.> NO. 7394kEsHo0' 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District. 3. The Property contains 0.8 acres in area and has a defined lot width of 122 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 variance: a. Average Lakeshore Setback Variance 6. 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: 1. "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 shape, the existing dense vegetation along both property lines, the orientation of the shoreline, location of adjacent homes, and the existing home's proximity to the lake. The average lakeshore setback variance to modify the roof will not further impact views of the lake for adjacent properties. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance to permit the change in the roof configuration on the Property is consistent with the comprehensive plan. 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. The request to permit construction of the portions of the roof structure in the proposed location partially within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring homes with respect to 2 st.o.At CITY OF ORONO RESOLUTION OF THE CITY COUNCIL H9- e 11?)11L"' (� NO. 7394 t'AEso the lakeshore, the existing vegetative screening, and adjacent properties creates difficulties. The request is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape of the property and shoreline, the home's location with respect to the lake and the neighboring home locations prevent changes to the height or orientation of the roof on the lakeside of the home consistent with neighboring development. 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 changes to the roof height, shape, and volume partially within the average lakeshore setback; the plans are designed to fit the character of the neighborhood according to the submitted information. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "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 single family home is an allowed use in the LR-1C 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 property's unique shape and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes create difficulties for the Owners in improving the Property consistent with the homes in their neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The Property's unique shape, shoreline orientation, and the relationship 3 -SWAT CITY OF ORONO O RESOLUTION OF THE CITY COUNCIL ,e, lliti‘LP- �,� NO. 7394 ?�'EsHO- � between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the average lakeshore setback variance is necessary for the preservation of the property right of the owners. 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 variance in this unique situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The requested variance is necessary, and does not merely serve as a convenience to the Applicants. 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 roof encroachments associated with the construction of new home lakeward of the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey by Sathre Bergquist dated 12/08/2021 and revised 06/06/2023 and building plans dated 06/14/2023 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & 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 building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (August 28, 2023). 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. 4 sLOiv CITY OF ORONO O RESOLUTION OF THE CITY COUNCIL 1/1 .; NO. 7394 ��kESHO- ADOPTED by the Orono City Council on this 28th day of August, 2023. 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