HomeMy WebLinkAboutResolution 7415 LAND TYPE Abstract (A)
DOC NUM 11241384
Certified, filed and/or recorded on
Oct 27, 2023 3:04 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 184 Pkg ID 2616649E
Document Recording Fee $46.00
Document Total $46.00
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 September 23,2023 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 24th day of October,2023
�'°`n3s:r ....
. ;• Nola Dickhausen, Interim City Clerk
�vOiv- CITY OF ORONO
1.
RESOLUTION OF THE CITY COUNCIL
G�l?(IPIIL. NO. 7415
`�kEsHO`,-
A RESOLUTION
APPROVING A VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279,78-1680,& 78-1700
FILE NO. LA23-000046
WHEREAS,on September 5,2023,Rebecca Holzem(hereinafter the"Applicant"),made a
complete application for variances from the City Code for the property addressed 3407 Eastlake Street and
legally described as:
IN LOT 1, BLOCK 8, BAYSIDE ADDITION TO LAKE MINNETONKA, Hennepin County,
Minnesota(hereinafter the"Property");
WHEREAS,the Applicant has applied to the City of Orono for average lakeshore and 75-foot
lake setback variances from City Code Section 78-1279 in order to construct a new deck; and
WHEREAS,the Applicant has applied to the City of Orono for hardcover variances from City
Code Section 78-1680 and 78-1700 in order to construct a new deck; 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 voted 4 to 2 in favor of a motion
to recommend approval of the variance as applied; and
WHEREAS,on October 9,2023 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 4 to 1 with the amendment that the proposed deck be reduced in size to allow a 14'
x 16' deck(plus stairs)and conditioning the removal of a stone walkway on the eastern side of the home;
and
WHEREAS,the Applicant has provided a revised survey, plan, and hardcover calculations that
meet the requirements stipulated by the City Council at the October 9,2023 City Council meeting; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variances as described above based on one or more of the following findings
of fact concerning the Property:
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-,cLOAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
e,? c~ NO. 7415
kEs H oQ-
FINDINGS OF FACT:
1. This application was reviewed as Zoning File#LA23-000046. 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-1 A One Family Lakeshore Residential Zoning District.
3. The Property contains 4,488 square feet in area and has a defined lot width of 44 feet at the 75-foot
lakeshore setback and a lot width of 44 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. Average Lakeshore Setback
b. 75-Foot Lake Setback
c. Hardcover within the 75-Foot Setback
d. 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.
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 subject property is extremely small is size and width. The existing home does not
have any outdoor living space. The proposed deck is the minimum size needed for enjoyment of
the outdoor area,there will be hardcover removed from other areas on the site to mitigate the
hardcover increase, and the proposed deck in no way impacts neighboring views of the lake. 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
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7415
.kESH00'
emphasizes the protection of natural resources and limiting hardcover. The proposal is the minimal
in size and will allow water to run through the slats of the deck. The proposal also includes the
removal of a stone walkway in order to mitigate the hardcover impacts. 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 a small deck where no outdoor living space is currently is a reasonable
use of the property supported by practical difficulties. 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, and presence of the OHWL on the property are unique to the property
and are not at the result of the homeowner; and
c. The variance, if granted, will not alter the essential character of the locality."
The variance in order to construct a new deck would not likely impact the character of the
area. The proposed deck is minimal and not intrusive and would have little impact on
neighboring properties. 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-1A 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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7415
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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 and width.The subject properties size is unique to the zoning district and larger area.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 subject property is unique in its small size,width and proximity to the OHWL and creek
which prevent the property from having a compliant building envelope. 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 any outdoor living space. The
construction of the deck would allow the homeowner to fully enjoy 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 property does not have any outdoor living space
and therefore the request is not simply to serve as a convenience to the applicant.The deck size is
minimal and additional hardcover has been removed in an attempt to mitigate the new deck. 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, 78-1680, and 78-1700 to allow the construction a
new deck.
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 the stone walkway to the east of the house as shown in Exhibit A is required as part of
the project.
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CITY OF ORONO
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RESOLUTION OF THE CITY COUNCIL
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NO. 74'15
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4. Any amendments to the plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
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(October 23,2024).
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 231 day of October, 2023.
ATTEST: CITY OF ORONO:
6-"ek— '14 riatArtidA----' rijaci&Q1,
No a Dickhausen,Interim City Clerk Dennis Walsh,Mayor
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