HomeMy WebLinkAboutRecorded Resolution 7473LAND TYPE Abstract (A)
DOC NUM 11282332
Certified, filed and/or recorded on
May 7, 2024 1:24 PM
Office of the County Recorder
innelpin County, Minnesota
Amper Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 187 Pkg ID 2670011 E
Document Recording Fee 46.00
Document Total 46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO
I certify the foregoing is the original resolution adopted by the City Council on April 22, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal city on April 22, 2024.
C City Clerk
AzL0At0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7473
q''ESHO
c
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1282 &78-1680
FILE NO. LA24-000008
WHEREAS, on February 19, 2024, on behalf of the property owner Brenda Iversen, Doug
Cutting with GreenWood Design Build (hereinafter the"Applicant"), applied for variances from the
City Code for the property addressed 1850 Lakeside Trail and legally described as:
Lot 3, Block 1, Willow Bay Sanctuary, 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 Sections 78-1282 and 78-1680 to allow a 12-foot wide driveway
within the 75-foot setback from Dickey's Lake Creek, a protected tributary, where a maximum 8-
foot wide driveway is permitted, and
WHEREAS, on March 18, 2024, after a 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 allowed to speak thereon;
and
WHEREAS, on March 18, 2024, the Planning Commission recommended approval of the
requested variances by a 3 to 1 vote; and
WHEREAS, on April 8, 2024, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff and directed the preparation of
findings for approval of the variances.
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 all other materials
distributed at these meetings are hereby incorporated by reference.
O
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7473
cESHO'g'
A2. The Property is located in the LR-1A, One Family Lakeshore Residential Zoning District.
A3. The Property contains 3.06 acres in area.
A4. The Property is within Tier 2 and hardcover is limited to 30% according to the
Stormwater Quality Overlay District.
A5. The applicant has applied for the following variances:
a. Variance for Hardcover within 75-foot Setback
b. Driveway width Variance
A6. According to City Code Section 78-1, the definition of hardcover includes driveways
without differentiation of the material.
A7. 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 request for safe access to the property is
reasonable and the applicant has demonstrated that the minimal 8-foot width permitted
by code is not sufficient due in part to the grades of the property. The request is in
harmony with the ordinance.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variance to permit a 12-foot wide driveway where 8
feet is permitted due to the topographic challenges within the 75-foot creek setback is
consistent with the comprehensive plan. Reasonable access should include consideration
for safe access to the home on the property. This request is not inconsistent with the
comprehensive plan. This criterion is met.
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
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti G4- NO. 7473
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request to increase the driveway width by 4 feet within the 75-foot creek setback
to improve the safety of the driveway is reasonable as minimal access is
required. This criterion has been met.
a. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The unique configuration of the property and the
building site were not created by the landowner. However, the topographic
access challenges and difficulty resulting from the narrowness of the allowed 8-
foot wide driveway were not a known condition nor were the conditions created
by the property owner; and
b. The variance, if granted, will not alter the essential character of the locality." The
requested variance will not impact the local 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 a residential driveway is an allowed use and
is permitted.
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 unique setbacks resulting from the
wetland, wetland buffers, and 150-foot setback of the creek create extreme difficulties
that do not apply to the other properties in the same neighborhood. The creek's impact on
the access to the property is unique to the property.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The protected tributary/creek impacting the access to the property is
unique to the property.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7473
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B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Reasonable access to the property is a
substantial property right.
2. "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 would be not contrary to the intent of the zoning chapter considering
the noted difficulties inherent to the property. Reasonable access is not provided by the
8-foot wide driveway.
B11."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The requested variance will not serve as
a convenience to the applicant but rather is necessary to alleviate a demonstrable
difficulty.
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 Sections 78-1282 and 78-1680 to allow a 12-foot-
wide paved driveway within 75 feet of the protected tributary on the Property, subject to the
following conditions:
C1.Council approval is based on the entire record and above Findings.
C2.The approved project shall conform to the survey dated 11/03/2022 and revised on
02/15/2024 submitted by the Applicants and annotated by City staff, attached to this
Resolution as Exhibit A.
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 22, 2025).
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cx.O.Ai CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
e NO. 7473
l.
kFSHOr-
05.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 22"d day of April, 2024.
CITY OF ORONO:
0.,,,_.
Dennis Walsh, Mayor
ATTEST:
Christine Lusian, ity Clerk
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Resol No.7473
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