HomeMy WebLinkAboutResolution 7463 (2)II 111111
LAND TYPE Torrens (T)
DOC NUM 6073087
Certified, filed and/or recorded on
May 7, 2024 1:37 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 2670021 E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
824325
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 s-• o the city on April 8,
2024.
Christin Trsian, City Clerk
seal)
v,OA/p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
a
y NO. 7463FG
1 kFS HG¢-
t
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA24-000009
WHEREAS,on February 20,2024,Revision LLC(hereinafter the"Applicant"),applied for a
variance from the City Code for the property addressed 797 Ferndale Road North and legally described as:
Lot 2,Block 1,Lauranne Woods Second Addition Hennepin County,Minnesota(hereinafter the
Property");
WHEREAS,the Applicant has applied to the City of Orono for an average lakeshore setback
variance setback from City Code Section 78-1279 in order to construct a new single-family home;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 voted 4 to 0 in favor of a motion to
recommend approval of the variance as applied; 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 variance 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#LA24-000009. 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 RR-1B One Family Rural Residential Zoning District.
3. The Property contains 96,888 square feet in area and has a defined lot width of 334 feet at the 150-
foot lakeshore setback and a lot width of 509 feet at the OHWL.
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L_Oiv-p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
F G NO. 7463
t4KES H O0'
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
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 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:
1. "Variances shall only be permitted when they are in harmony with the general purposes and intent
of the ordinance. . . ."The subject property is currently vacant.The average lakeshore setback line
is extreme due to the location of the neighboring homes. There is no compliant building envelope.
The proposed home will meet all other setback requirements and has been designed to minimize
impacts on the neighboring lake views.The proposed project 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 construction of a new single-family home on a conforming lot is consistent with the
Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to
the land supporting their request. 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 home is a reasonable use of the property. This
criterion is met.
b. The plight ofthe landowner is due to circumstances unique to his property not created by the
landowner.
The shape of the lot and the location of the neighboring homes is not the result of the
current property owner's actions;and
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szLOAtp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y
NO. 7463FG
tAkEs HGRt
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variance resulting in a new home is 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 RR-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 location of the neighboring homes in relation to the subject
property and to Lake Lydiard are unique and create an extreme lakeshore setback. The average
lakeshore setback line prevents the development of the property that meets all other zoning
requirements.The special conditions of the property are unique and specific.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 and existing conditions do not apply to other land or structures in the
neighborhood or district.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 granting of the average lakeshore setback variance will allow the
vacant property to be developed.The location of the neighboring homes and the unique property shape
create an extreme lakeshore setback. The proposed home meets the required 150-foot lake setback to
preserve the environmental quality of Lydiard Lake.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 variance will
not adversely impact health, safety, comfort, or morals of the community. The proposed has been
3
icLO to CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7463FG
tl kE s H 00"
designed to minimize any current lake view enjoyed by the 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 average lakeshore setback variance allows a
home to be constructed on a vacant lot.The lot and proposed home have been carefully designed to
meet all other setback requirements including the lake setback of 150 feet.The placement and height
of the proposed home minimize impacts on existing lake views currently enjoyed by neighboring
properties.This criterion is met.
CONCLUSIONS,ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a variance
from Orono Municipal Zoning Code Sections 78-1279 to allow the construction of a new house within the
average lakeshore setback 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(April 8,2025).
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.
4
icLOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL41
p
e NO. 7463
4kESHOv-t
ADOPTED by the Orono City Council on this 8th day of April,2024.
ATTEST:CITY OF ORONO:
01/4.Q9E02
Ch ' City Clerk Dennis Walsh, Mayor
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