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HomeMy WebLinkAboutResolution 7432 Variance 3600 Casco AvenueLAND TYPE Torrens (T) DOC NUM 6052509 Certified, filed and/or recorded on Dec 21, 2023 1:20 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 178 Pkg ID 2632114E Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1568303 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 December 11, 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 11 th day of December 2023. Chr me Lusi , ity Clerk seal) CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. I4 ) z A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 784279 & 784680 FILE NO. LA23-000060 WHEREAS, Brian Benson (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 3600 Casco Avenue and legally described as: Tract B, REGISTERED LAND SURVEY NO. 1115, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has applied to the City of Orono for variances from City Code Section 78-1279 to allow the construction of a new home within the average lakeshore setback; and WHEREAS, the Applicant has applied to the City of Orono for a hardcover variance from City Code Section 78-1680 in order to exceed the hardcover limitation of 259/o; and WHEREAS, on November 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 November 20, 2023, the Planning Commission voted 5 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on December 11, 2023 the City Council reviewed the application and the recommendations of the Platming 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: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA23-000060. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District. 3. The Property contains 33,719 square feet in area and has a defined lot width of 137 feet at the 75- foot Lakeshore setback and a lot width of 112 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. 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 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: I. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." Due to the placement of the neighboring lots and homes there is an extreme average lakeshore setback that eliminates a reasonable building envelope. The neighboring lake views that are currently enjoyed should not be impacted by a new home built in a similar location. The uniquely shaped lot has a very long driveway that greatly impacts the overall hardcover on the site. If the lot had a standard driveway length, a hardcover variance would not be required. The proposed project is also impacted by a wide utility easement. The proposed home will meet the 75- foot lake setback and be in harmony with the neighboring homes. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties present. This criterion is met. 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 proposal will reduce the overall hardcover on the site which is 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 143) a. The property of-vner• in question proposes to zrse the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a new single-family home is a reasonable use of the property. The proposed home will be located in a similar location to the existing home on the property. This criterion is met. b. The plight of the landowner is dire to circumstances unique to his property not created by the landowner•. The unique lot shape and orientation of the neighboring homes creating an extreme average Lakeshore setback are not the result of the current property owner's actions; and c. The variance, ifgr•anted, 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. 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-I C District. 7. "The board or council may permit as a variance the temporary use of aone-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 unique lot shape, location of the existing utility easement, and the position of the neighboring homes 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 unique shape of the lot and existing conditions do not apply to other land or structures in the neighborhood or district. This criterion is met. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7432 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 lake setback. The application proposes to decrease the total hardcover on the site, bringing it closer to compliance. Granting the average lakeshore setback and hardcover variances allows the property owner to build a new home in a similar location utilizing the existing conditions of the long driveway. 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. The proposed home will not impact any currently enjoyed views of the lake by neighboring properties. 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 the overall hardcover on the site from 34% to 30% total hardcover. There is no reasonable building envelope on the site and therefore the variances are needed in order to rebuild in a similar location to that of the existing home. 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 78-1279 and 78-1680 for average lakeshore setback and hardcover to exceed 25% in order to construct a new home 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 (December 11, 2024). CITY OF ORONO RESOLUTION Ur I.M. CITY COUNCIL No. 7432 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 I lth day of December, 2023. CITY OF ORONO: Dennis Walsh, Mayor