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Home My WebLink AboutResolution 7397iii 1 ii 1 H I 1 ii lim im LAND TYPE Abstract (A) DOC NUM 11232375 Certified, filed and/or recorded on Sep 21, 2023 11:54 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 184 Pkg ID 2604777E Document Recording Fee 46.00 Document Total 46.00 This cover sheet is now a permanent part of the recorded document. 0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. t- 1 EsH0 ti G11- 111111 .' NO. 7397 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA23-000038 WHEREAS, on July 17, 2023, John E. Weist(hereinafter the"Applicant"), applied for a variance from the City Code for the property addressed 1920 Concordia Street and legally described as: That part of Lots 15 and 25, Fagerness, described as follows: Beginning at Southeast corner of said Lot 15; thence Northerly to Northeast corner of said Lot 15; thence Westerly to Northwest corner of said Lot 15; thence Southwesterly along the Northwesterly line of said Lots 15 and 25 to a point distant 49 .42 feet Southwesterly from most Northerly corner of said Lot 25; thence Easterly to a point on East line of said Lot 25 distant 69 feet Southerly from the most Northerly corner of said Lot 25; thence Southeasterly to a point on South line of said Lot 15 distant 34.5 feet Easterly from South-west corner of said Lot 15; thence Easterly to point of beginning, Hennepin County, Minnesota. (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow a 22-foot front setback for a new front deck/stoop where a 30-foot setback is required; 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 recommended approval of the variance; and WHEREAS, on September 11, 2023 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 LO.NT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7397 AESHO r 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: 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 One Family Lakeshore Residential Zoning District. A3. The Property contains 0.33 acres in area and has a defined lot width of 100 feet. A4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. A5. Applicant has applied for a Front Yard Setback Variance. A6. 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 variance to construct an 8'x 8' entry deck in place of a minimal stoop within the setback 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 variance to permit a reasonable front entry stoop to encroach into the front yard setback is consistent with the comprehensive plan. 2 CITY OF ORONO v RESOLUTION OF THE CITY COUNCIL G NO. 7397 AEs HOti 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 owner's request is reasonable and the minimum necessary to access the home considering their need for accessible accommodations in the future; b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Although the Applicant built the home, it was constructed prior to the current building setback requirements; and c. The variance, if granted, will not alter the essential character of the locality." The proposed 8'x 8' deck/stoop 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 accessory improvements are allowed uses 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 home was constructed in or about 1972. It is an existing condition on a non-conforming sized lot as it is constructed right up to the minimum 30-foot setback line allowing for only a minimal stoop. This condition is peculiar to the Property. 3 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL i* G NO. 7397 q'ESH0'' ' B9."The conditions do not apply generally to other land or structures in the district in which the land is located." Many of the original cabins and homes in this neighborhood have been reconstructed. The existing original home on the Property is a unique condition. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The proposed 8'x 8' deck is necessary as it preserves the owner's right of use and enjoyment of the Property. 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."The variance will not impair health, safety, comfort or morals and will not be contrary to 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 variance requested is necessary as the home is constructed at the building setback line. The Applicant has indicated that the proposed deck will be appropriately sized to accommodate the necessary access ramp and will 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 78-350 to allow construction of an 8' x 8' front stoop/deck to be constructed 22 feet from the front property line where a 30-foot setback is required; subject to the following conditions: 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 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 (September 11, 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. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7397 4xEsH00' ADOPTED by the Orono City Council on this 1 1th day of September, 2023. 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