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HomeMy WebLinkAboutResolution 7403 LAND TYPE Torrens (T) DOC NUM 6039377 Certified, filed and/or recorded on Oct 4, 2023 11:51 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 165 Pkg ID 2608938E Document Recording Fee $46,00 Document Total $46.00 Existing Certs 1491275 This cover sheet is now a permanent part of the recorded document. `O CITY OF ORONO NO RESOLUTION OF THE CITY COUNCIL lt'''. �'4kEs ���� NO. 7403 A RESOLUTION APPROVING A VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330,78-1279,78-1680& 78-1700 FILE NO.LA22-000064 WHEREAS,on December 2,2022,Lebrisia Iversen(hereinafter the"Applicant"),applied for a variance from the City Code for the property addressed 4448 North Shore Drive and legally described as: Par 1: Lot 7, `Bergquist's 2nd Addition to Saga Hill" Par 2:All that part of Government Lot 3, Section 7, Township 117,Range 23 described as follows: Beginning at the most southerly corner of"Bergquist's 2nd Addition to Saga Hill"; thence North 64 degrees, 24 minutes East 156.6 feet to the Westerly shore of the canal running from Forest Lake to Lake Minnetonka;thence in a Southerly direction following the Westerly shore of said canal to its intersection with the centerline of Co.Rd.No. 19;thence in a Westerly and Northerly direction along the centerline of said road to an intersection with the extension of the Westerly line of Lot 2,Bergquist's Addition to Saga Hill;thence Northwesterly to the point of the beginning(hereinafter the"Property"); WHEREAS,the Applicant has applied to the City of Orono for a side yard setback variance from City Code Section 78-330 in order to construct an addition; and WHEREAS,the Applicant has applied to the City of Orono for an average lakeshore setback variance and 75-foot lake setback variance from City Code Section 78-1279 in order to construct an addition; and WHEREAS,the Applicant has applied to the City of Orono for a variance to allow hardcover within the 75-foot lake setback from City Code Section 78-1680 in order to construct an addition; and WHEREAS,the Applicant has applied to the City of Orono for a variance from hardcover beyond the 25%limit from City Code Section 78-1700 in order to construct an addition; and WHEREAS,on June 20,2023,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 June 20,2023,the Planning Commission voted 3 to 2 in favor of a motion to recommend approval of the variance as applied;and 1 Ott o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. wA a, ���`illiL NO. 7403 ��xEsHCO�� WHEREAS,on July 10,2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff and provided feedback to the applicant to modify the design; and WHEREAS,on September 25,2023 the City Council reviewed a revised application and the recommendations of 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#LA22-000064. 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 20,228 square feet in area and has a defined lot width of 318 feet at the 75- foot lakeshore setback and a lot width of 280 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. Side Yard Setback b. Average Lakeshore Setback c. 75-foot Lake Setback d. Hardcover within the 75-foot Lake Setback e. Overall Hardcover to exceed 25% 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. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 2- NO. 7403 44-Es Hoy . ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The subject property is uniquely shaped, substandard in area, and has no compliant building envelope. Much of the home is within the 75-foot lake setback and the average lakeshore setback.The proposed addition maintains the same lakeyard setback as the existing deck. The proposal also decreases the overall hardcover as applied. The proposed addition will be the same size and the same location as a current deck. These aspects of the application are in harmony with the Ordinance. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in the construction of a single-story addition in the similar footprint as an existing deck to a single-family home is consistent with the Comprehensive Plan. The plan reduces overall hardcover and maintains the same lake setback at the deck today.Additionally,the addition is a single story and is consistent with the existing home on an extremely substandard lot. 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. The construction of an addition to the home is reasonable, and the proposed one-story addition in the same footprint as an existing deck is a reasonable request. The proposed addition will not impact the views of the lake enjoyed by the neighbor and the project will reduce the overall hardcover. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard lot size, unique lot shape, and location of the existing building on the property is unique to the property and not created by the property owner. This criterion is met. c. The variance, if granted, will not alter the essential character of the locality." The proposed addition will not impact the lake views of neighboring properties and is modest in size. The proposed addition will not impact the character of the neighborhood. This criterion is met. 3 y Qa CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � `�� NO. 7403 xES u 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 substandard lot size, unique lot shape, and the location of the existing building on the lot 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." The request is specific to this property as it relates to an existing nonconforming building. 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 existing home does not have a compliant building envelope and therefore any addition requires multiple variances. The minor expansion does not negatively impact neighboring properties or the views of the lake.The proposed addition allows for full use of the existing home on the property. 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 construction of a one- story addition in the place of an existing deck. Variances are needed due to the nonconforming home and lack of building envelope.The overall project will reduce the total hardcover. This criterion is met. 4 -OHO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. IIL �' ���� NO. 7403 j` 1cEs H o0' 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 78-330, 78-1279, 78-1680 and 78-1700 to allow the construction of an addition within 75 feet the OHWL,within the average lakeshore setback,closer than the allowable side yard setback, hardcover within the 75' lake setback and overall hardcover to exceed 25% 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& 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(September 11,2024). 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. ADOPTED by the Orono City Council on this 25th day of September, 2023. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 5 LA22-000064 Resol. No. 7403 Ex. B