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HomeMy WebLinkAboutResolution 7404 LAND TYPE Abstract (A) DOC NUM 11235604 Certified, filed and/or recorded on Oct 4, 2023 11:53 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 183 Pkg ID 2608941E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. �Qp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A .a. NO. 7404 icESHQ A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA23-000042 WHEREAS,on July 19,2023,Allison Houston(hereinafter the"Applicant"),applied for a variance from the City Code for the property addressed 4731 North Shore Drive and legally described as: Lot 6, and the northwesterly 10.00 feet of lot 5, Block 5 BERQUIST&WICKLUND'S PARK, and that part of Lake Street(to be vacated)lying between the southwesterly extensions of the northwesterly line of said Lot 6 and the southeasterly line of the northwesterly 10.00 of said Lot 5,Hennepin County,Minnesota(hereinafter the"Property"); WHEREAS,the Applicant has applied to the City of Orono for a bluff setback variance from City Code Section 78-1279 in order to expand a deck and patio; 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 voted 6 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS,on September 11,2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff and directed staff to draft an approval resolution by a vote of 3 to 1 with the amendment that the proposed deck did not expand any closer to the bluff line; and WHEREAS,the Applicant has provided a revised site plan,plans, and hardcover calculations that meet the requirements stipulated by the City Council at the September 11,2023 City Council meeting; 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: 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1" � NO. 7404 KEsHo� FINDINGS OF FACT: 1. This application was reviewed as Zoning File#LA23-000042. 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-1B One Family Lakeshore Residential Zoning District. 3. The Property contains 11,157 square feet in area and has a defined lot width of 60 feet at the 75- foot lakeshore setback and a lot width of 60 feet at the OHWL. 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. Bluff Setback 6. 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: 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 proposed deck and patio expansion will not be any closer to the top of bluff than the existing deck. The proposed deck is carefully designed with the bluff in mind and is expanded toward the rear of the property, away from the bluff line.Additionally,the proposal includes removal of illegal hardcover,bringing the lot into conformance with the hardcover requirements. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance is consistent with the comprehensive plan. The comprehensive plan emphasizes the protection of natural resources and limiting hardcover.The proposed deck and patio will maintain the existing setback from the bluff. The expansion will be towards the rear of the property, away from the bluff. The proposal also includes the removal of illegal hardcover within the bluff setback,which is consistent with the comprehensive plan. This criterion is met. 2 OAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL At,I I ,,N.,I� �� No. 7404 <-"EsHO 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 expansion of the deck and patio within the bluff impact zone is supported by practical difficulties and therefore is a reasonable use of the property. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot size, width, topography, and existing improvements have not been created by the current homeowner; and c. The variance, if granted, will not alter the essential character of the locality." The project would not impact the essential character of the locality. The proposal is to expand a deck away from the bluff and to remove illegal hardcover within the bluff. 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. 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 residential home is a permitted use in the LR-1B 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 special conditions of the property include the substandard lot size,substandard lot width,topography,and location of existing structures. This criterion is met. 3 -Oip CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7404 IglCEsHo�- 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The request is specific to this property which is substandard in width and size and is impacted by an existing bluff. The proposal is to expand an existing deck with a bluff setback without encroaching any close to the top of bluff..This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant".The proposed expansion of the deck allows for full enjoyment of the outdoor living space.The proposal also includes removing illegal hardcover within the bluff setback. 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 variance allows for the expansion of a deck and patio within a bluff setback.The current deck and home are located within the bluff setback permitted by Resolution 6206.The expansion will not encroach any closer to the top of bluff and will expand toward the rear of the property away from the bluff.The expanded deck and patio allow the homeowner to fully enjoy and the outdoor living space. Unpermitted hardcover will be removed as part of the project bringing the property into conformance with the overall hardcover.This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction an expanded deck and patio within the required 30-foot bluff setback. 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& B. 3. Removal of all illegal hardcover shown in Exhibits A&B is required as part of the project. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4 -9„,ON CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. 7404 ��4.Es H4�ti 5. 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(September 25, 2024). 6. 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 25th day of September, 2023. ATTEST: CITY OF ORONO: la(2207. Anna Carlson, City Clerk Dennis Walsh, Mayor 5 LA23-000042 Res. No. 7404 Exhibit A LA23-000042 Res. No. 7404 Exhibit B