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HomeMy WebLinkAboutResolution 7400LAND TYPE Abstract (A) DOC NUM 11232117 Certified, filed and/or recorded on Sep 20, 2023 12:17 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 185 Pkg ID 2604294E Document Recording Fee 46.00 Document Total 46.00 This cover sheet is now a permanent part of the recorded document. I v.-°moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7400 14-EsHosi- 1' A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330,78-350,& 78-1680 FILE NO. LA23-000039 WHEREAS,on July 17,2023,Eugene Dobkin(hereinafter the"Applicant"),applied for variances from the City Code for the property addressed 1380 Rest Point Road and legally described as: IN LOTS 6 & 7, SUBDIVISION OF LOT 14 REST POINT PARK LAKE MINNETONKA HENNEPIN COUNTY,MINNESOTA(hereinafter the"Property"); WHEREAS,the Applicant has applied to the City of Orono for lot area and lot width variances from City Code Section 78-350 in order to construct a new single-family home;and WHEREAS,the Applicant has applied to the City of Orono for a variance from hardcover beyond the 25%limit from City Code Section 78-1680 in order to construct a new single-family home; and WHEREAS,the Applicant has applied to the City of Orono for a rear yard setback variance from City Code Section 78-330 in order to construct a new single-family home; 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 5 to 0 in favor of a motion to recommend approval of the variances 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 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: 1 st0 CITY OF ORONO0 RESOLUTION OF THE CITY COUNCIL A 5, NO. 7400 EsH0 FINDINGS OF FACT: 1. This application was reviewed as Zoning File#LA23-000039. 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 15,509 square feet in area and has a defined lot width of 98 feet at the 75- foot lakeshore setback and a lot width of 98 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. Lot Area b. Lot Width c. Hardcover d. Rear Yard Setback b. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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 variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties.A portion of the existing home and deck extend beyond the average lakeshore setback and 75-foot lake setback. The proposed new home has been moved further back from the lake in order to meet the required lake setbacks.The existing conditions of the property are not compliant with the required hardcover maximum of 25%. The proposed project will reduce the hardcover from 28.5%to 27.2% and therefore will bring the lot closer to conformance. The existing home is currently nonconforming with the rear yard setback requirement of 30 feet. The applicant is requesting to maintain the existing 28.1' setback. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2 RCITYOF0 ONO RESOLUTION OF THE CITY COUNCIL NO. 7400 4'-Es H ov-ti 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a new single-family home is consistent with the Comprehensive Plan.The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The overall reduction in total hardcover bringing the lot into conformance and moving the structure out of the required lakeyard setbacks is also consistent with the goals of the Comprehensive Plan. 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 new single-family is a reasonable use of the property. The proposed home will be set back further from the lake and the overall hardcover will be reduced.This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The lot is substandard in area and width.The applicant is proposing to maintain the same rear yard setback,but will bring the new home into compliance with the required lake setbacks.The small lot size,substandard width,and existing improvements are not the result of the current property owner's actions; and c. The variance, if granted, will not alter the essential character of the locality." The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The new home will be further from the lake and the nonconforming rear yard setback will be maintained. There will also be a reduction in overall hardcover which will benefit the surrounding area. 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. § 3 ap CITY OF ORONO RESOLUTION OF THE CITY COUNCILItijilL"- NO. 7400 etEs Ho/' 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, substandard lot width, and existing conditions of the property 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." While the surrounding properties are similar in size,the location of the existing structures on the property are unique to the subject property.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 is in a nonconforming location. The proposal will maintain a similar rear yard setback, but to improve the required lake setbacks. The proposed home will be in compliance with the average lakeshore setback and the 75-foot lake setback. The overall hardcover will also be reduced on the site.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 variances allow for the construction of a new home in a similar location to the existing home,while improving some of the nonconformities.This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings,the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-330, 78-350, and 78-1680 to allow the construction of a new single family home with exceptions to lot area, lot width, 27.2 % overall hardcover and 28.1' rear yard setback subject to the following conditions: 4 liLAtOO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL zq Iri\j1L- G NO. 7400 1 ESHO 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 11th day of September,2023. ATTEST:CITY OF ORONO: 1 i , 4 1At411 1 Anna Carlson, City C erk Dennis Walsh, Mayor 5