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HomeMy WebLinkAboutResolution 7426 Variance 1513 Bay Ridge Rd deck II II II II I II I III LAND TYPE Torrens (T) DOC NUM 6048421 Certified, filed and/or recorded on Nov 28, 2023 8:02 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 87 Pkg ID 2624789E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1208391 This cover sheet is now a permanent part of the recorded document. STATE OF MINNESOTA ) ) ss COUNTY OF FIENNEPIN ) 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 November 13,2023 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 14th day of November,2023. (scab) :t::t.., i e L sI ,City Clerk icLOAT CITY NO. 7 OF42 6 ORONO RESOLUTION OF THE CITY COUNCIL l G� e4kESHO A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305 &78-1279 FILE NO.LA23-000058 WHEREAS, on September 20, 2023, Robert"Tripp" Snyder, the property owner (hereinafter the"Applicant"), applied for an after-the-fact variance from the City Code for the property addressed 1513 Bay Ridge Road and legally described as: Tract H and Track K, Registered Land Survey No. 1292, 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 78-305 to allow reconstruction of a deck approximately 8-inches taller than existing with new guard railings, 8.5-feet from the south property line where a 12-foot setback is required; and 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 reconstruction of a deck approximately 8-inches taller than existing, new guard railings, and a reoriented staircase within the average lakeshore setback; and WHEREAS, on October 16, 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 October 16, 2023, the Planning Commission recommended approval of the after-the-fact variances; and WHEREAS, on November 13, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested after-the-fact variances as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO O RESOLUTION OF THE CITY COUNCIL CrA' NO. 7426 -ikEsHO-ti 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-1A One Family Lakeshore Residential Zoning District. A3. The Property contains 0.89 acres in area and has a defined lot width of 112 feet at the OHWL and at the 75-foot lake setback. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5. Building Permit RAS23-000034 was issued on July 5, 2023 to reconstruct the deck. A6. During construction the Applicant made modifications to the deck which were a departure from the original deck construction which resulted in expansions to the volume and footprint requiring variances. A7. Applicant has applied for the following after-the-fact variances: a. Average Lakeshore Setback Variance b. Side Yard Setback Variance A8. 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: 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 its topography and the orientation of adjacent homes. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. The impact to the side yard setback is minimal. 2 ,titQ� CITY OF ORONO IlitO RESOLUTION OF THE CITY COUNCIL ilIL�� NO. 7426 r'1'ESHO'-- B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variances to reconstruct a deck on the Property 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 the deck and stair in the proposed location in the same footprint as the previous deck, within the side yard and average lakeshore setbacks, appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore the existing vegetative screening, and topography. The request is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The linear nature of the shoreline resulting in neighboring home locations all in a continuous line prevents changes or expansions of the home on the lake side. The new home to the south constructed in 2019 resulted in the Applicant's home becoming nonconforming where previously just a portion of the deck was situated within the average lakeshore setback. 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 construction of the lakeside deck in the same footprint, approximately 8-inches higher and a different stair orientation, which will not adversely impact the character of the neighborhood according to the submitted information. 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 3 ‘vOAT CITYNO. 7 OF426 ORONO RESOLUTION OF THE CITY COUNCIL � r G� 4kEsH0°' located." This condition is not applicable, as a residential deck improvement is an allowed use in the LR-1A 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 home location, the Property's topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicant in improving the property consistent with the homes in their neighborhood on the lake side. B9."The conditions do not apply generally to other land or structures in the district in which the land is located."The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. The neighboring home to the south is considerably set back from the lake than the Applicant's home and the home on the north side of the Property resulting in an extreme setback condition. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The Applicant has stated it is necessary for the preservation of the property right of 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 after-the-fact 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."The Property had an existing deck in the same footprint. The stair configuration is new however does not impact views of the lake for the neighbors. The variances are necessary and does not merely serve as a convenience. 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 78-305 to allow reconstruction of a deck approximately 8-inches taller than existing with new guard railings, 8.5-feet from the south property line where a 12-foot setback is required; and Zoning Code Section 78-1279 to allow reconstruction of a deck approximately 8-inches taller than existing, new guard railings, and a reoriented staircase within the average lakeshore setback, subject to the following conditions: 4 sL0N CITY OF ORONO O RESOLUTION OF THE CITY COUNCIL gel A. NO. 742 6 C1.Council approval is based on the entire record, above Findings. C2.The approved project shall conform to the site plan and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 Applicant, but are permissive only and must be exercised by passing the final inspection for building permit RAS23-000034 for the new construction. The final inspection must be successfully passed within one year of the date of Council approval, or the variance will expire on that date (November 13, 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. ADOPTED by the Orono City Council on this 13TH day of November, 2023. CITY OF ORONO: Dennis Walsh, Mayor ATTEST: Christine Lusia , Cit Jerk 5 co o . Resol. 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