HomeMy WebLinkAboutResolution 7411 II ill 11
LAND TYPE Abstract (A)
DOC NUM 11239317
Certified, filed and/or recorded on
Oct 19, 2023 11:39 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 170 Pkg ID 2613937E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
LAND TYPE Torrens (T)
DOC NUM 6042074
Certified, filed and/or recorded on
Oct 18, 2023 2:04 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 165 Pkg ID 2613627E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1540866
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of
Orono,Minnesota,certifies that I compared the foregoing Resolution adopted at the
meeting of the Orono City Council on October 9, 2023 with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 10th day of October, 2023
Anna Carlson, City Clerk
(seal)
%LQA/ CITY
NO. 7 OF411 ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION APPROVING
AN AFTER-THE-FACT VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA23-000049
WHEREAS, on August 23, 2023, Sven Gustafson of Stonewood (hereinafter the
"Applicant"), applied for an after-the-fact variance from the City Code for the property addressed
3001 Casco Point Road and legally described as:
Lot 1 and that port of Lot 2, Block 1, HARTZELL ADDITION which lies northerly of
the following described line and it's extensions: Commencing at the most easterly corner of
said Lot 2; thence northwesterly 34.03 feet along the northeasterly line of said Lot 2 being o
curve having a radius of 725.00 feet; thence North 46 degrees 43 minutes West tangent to
last described curve and along said northeasterly line of Lot 2 a distance of 2.50 feet to the
point of beginning of said line; thence South 64 degrees 04 minutes 01 seconds West to
the shore of Lake Minnetonka and said line there ending, Hennepin County, Minnesota
(hereinafter the"Property");
WHEREAS, the Applicant has made application to the City of Orono for an after-the-fact
variance to Orono Municipal Zoning Code Section 78-1279 to allow a six-foot encroachment of
the home and roofed porch lakeward of the average lakeshore setback line; and
WHEREAS, on September 18, 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 September 18, 2023, the Planning Commission recommended approval
of the variance; and
WHEREAS, on October 9, 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 after-the-fact variance as described above based on one or
more of the following findings of fact concerning the Property:
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v RESOLUTION OF THE CITY COUNCIL
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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-1 C Zoning District.
A3. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A4. Applicant has applied for the following variance:
a. Average Lakeshore Setback Variance
A5. 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 property includes difficulties in the depth and
orientation of the shoreline. The requested average lakeshore setback variance will not
result in blocking views of the lake for the neighboring properties. The proposed variance
is in harmony with the purpose of the Ordinance.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The home is situated approximately 140 feet from the lake, and the
roofed porch is approximately 137 feet from the lake. The encroachments will not disrupt
lake views from neighboring homes; the proposed variance 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 a portion of the home and roofed porch in the proposed location
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BOAT CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
NO. 7411
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up to six feet lakeward of the average lakeshore setback does not appear to be
unreasonable considering the lake views from neighboring homes are not
impacted. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The intent of the property owner was to submit a
conforming plan. The application errors were not intentional; however, accuracy
of submitted permit information is the Applicant's responsibility; and
c. The variance, if granted, will not alter the essential character of the locality." The
variance will not alter the character of the neighborhood.
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-1C 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 depth of the lots, shape of the shoreline,
and the setback from the lake of the adjacent homes creates difficulties. The majority of
the home is completed and removing the encroachment is not a simple endeavor as the
porch roof structure is integral to the structure of the overall roof and cannot be simply
removed.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The Property's shoreline orientation, depth of the lots, and the
relationship between the existing home and the setback of the adjacent homes create
difficulties for the owners.
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B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Removal of the encroachment will result in a
significant impact to the owners.
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." Removing the encroachment will result in
significant impacts to the existing home likely requiring a significant structural redesign,
according to the builder; therefore, the requested variance is necessary and would not
serve as a convenience to the applicant.
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 a six-foot encroachment of
the home and roofed porch 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 dated 09/20/2023 by Gronberg and
Associates submitted by the Applicants and annotated by City staff, attached to this
Resolution as Exhibit A.
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 (October 9, 2024).
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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7411
kEsHO?
ADOPTED by the Orono City Council on this 9th day of October, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST:
Anna Carlson, City Clerk
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