HomeMy WebLinkAboutLA24-000011 Resolution 7464LAND TYPE Abstract (A)
DOC NUM 11282338
Certified, filed and/or recorded on
May 7, 2024 1:39 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 187 Pkg ID 2670023E
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 )
I certify the foregoing is the original resolution adopted by City Council on April 8, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal o •- city on April 8,
2024.
4004r
Christine Lull' , City Clerk
seal)
g0 0
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7464
4ESHOv
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279, 78-1680 & 78-1700
FILE NO. LA24-000011
WHEREAS, on February 21, 2024, on behalf of the property owner, CA Streich Property
Trust, (hereinafter the "Owner") Bill Robey of Robey Construction (hereinafter the "Applicant"),
applied for variances from the City Code for the property addressed 1487 Shoreline Drive, and
legally described as:
Lots 5 and 6, NJ Stubbs First Subdivision in Lot No. 2, Hennepin County,
Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1279 to allow construction of a 75 square foot home
addition 33.8 feet from the OHWL and approximately 21 feet lakeward of the average lakeshore
setback line, and
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Sections 78-1680 and 78-1700 to permit the construction of a 75 square foot home addition
within the 75-foot setback from the OHWL of the lake with hardcover removals, resulting in an
overall 646 square foot reduction of hardcover on the property, and
WHEREAS, on March 18, 2024, 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 March 18, 2024, the Planning Commission recommended approval of the
variances; and
WHEREAS, on April 8, 2024, 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:
sL0Ar0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
j
NO. 7464
9'ESHO
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 is 0.75 acre in area and has a defined lot width of 130 feet.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. The applicant has applied for the following variance[s]:
a. Lake Setback Variance
b. Average Lakeshore Setback Variance
c. Tier 1 Hardcover Variance
d. Hardcover within 75-foot 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 proposed variance is in harmony with the purpose
of the Ordinance. The Property includes difficulties in its shape and in the location of the
existing home. The project will reduce the overall hardcover and the addition will be
cantilevered allowing more infiltration near the lake. The average lakeshore setback
variance requested is minimal and will not further impact views of the lake for adjacent
properties.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances to construct a small addition to the home
and the overall reduction in hardcover on the Property are consistent with the
comprehensive plan.
2
AZLOAtO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF 4" NO. 7464
t'
FESHO
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 small home addition entirely within the 75-foot setback and
average lakeshore setback appears to be reasonable considering the location of
the existing home, the orientation of the neighboring homes to the lakeshore, and
the existing mature vegetative screening.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The location of the existing home prevents changes or
expansions of the home consistent with the neighborhood. The proposed overall
hardcover level is being reduced and the addition will not impact the views of the
lake from the neighboring homes. The circumstances are unique to the Property;
and
c. The variance, if granted, will not alter the essential character of the locality." The
variances are requested to permit the construction of a small addition to the
home designed as a cantilevered space minimizing impacts on the lake. The
location will not impact the neighbor's views of the lake and will fit 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
located." This condition is not applicable, as improvements to a single-family home are
allowed within the Shoreland and 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.
3
A;LO
O
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G4' NO. 7464
l
kESHO
B8."The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."The existing home's proximity and orientation
to the lakeshore and the location of the adjacent homes create difficulties for the Owner
in improving the Property consistent with the homes in their neighborhood.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The unique conditions including the extreme proximity of the owner's
home and the adjacent home to the lake are unique to the Property and create difficulties
for the owner.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the variances is necessary for the
preservation of the property rights 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 variances 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 requested variances are necessary
to improve the home and to address the poor roof drainage; the variances do not merely
serve as a convenience to the Owner.
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 Section 78-1279 to allow construction of a 75 square
foot home addition 33.8 feet from the OHWL and approximately 21 feet lakeward of the average
lakeshore setback line, and variances to Sections 78-1680 and 78-1700 to permit the
construction of a 75 square foot home addition within the 75-foot setback from the OHWL of the
lake with hardcover removals, resulting in an overall 646 square foot reduction of hardcover on
the property, subject to the following conditions:
C1.Council approval is based on the entire record and the above Findings.
C2.The approved project shall conform to the survey dated 01/05/2024 and revised on
2/20/2024 and building plans submitted by the Applicants and annotated by City staff,
attached to this Resolution as Exhibits A & B.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti 4' NO. 7464
kESHO0'
C3.Any amendments to the plans that 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 (April 8, 2025).
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 8th day of April, 2024.
CITY OF ORONO:
D-93°21)1
Dennis Walsh, Mayor
ATTEST:
Christi sign, ' y lerk
5
Exhibit A
Resol. No. 7464
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according to the recorded plat thereof ROBEY CONSTRUCTION LLC
24'_2Enterprise Dri.v Ph.:(651)681-1914 Hennepin County, Minnesota
Mendota Heights.MN 55120 Fax(651)681-948N 3806 Wallin Ave,
www.q°neenargcom Address: 1487 Shoreline Dr, Orono. MN 55391 Woodbury,MN 551'_S
Owner. 33 Phone(612)834-8403
LProject#.124001 I Folder k 8915 Drawn by:N.IK
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Exhibit B
Resol. No. 7464
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