HomeMy WebLinkAboutResolution 7489 variance front entry remodel r �
LAND TYPE Abstract (A)
DOC NUM 11299138
Certified, filed and/or recorded on
Jul 17, 2024 8:01 AM
Office of the County Recorder
Hennepi,. ^.,..‘.- Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 41 Pkg ID 2691375E
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 July 8, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on July 8, 2024.
C e Lusian, Clerk
liZLpA/;p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiF G� NO. 7489
lq'�ESHo��
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA24-000029
WHEREAS,on May 21,2024,Robey Construction on behalf of Steve Streich(hereinafter the
"Applicant"),applied for a variance 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 applied to the City of Orono for a 75-foot lake setback variance
from City Code Section 78-1279 in order to modify an entryway; and
WHEREAS,on June17,2024,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 June 17,2024,the Planning Commission voted 7 to 0 in favor of a motion to
recommend approval of the variance as applied;and
WHEREAS,on July 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#LA24-000029. 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 LR-1A One Family Lakeshore Residential Zoning District.
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\WNp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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3. The Property contains 32,927 square feet in area and has a defined lot width of 130 feet at the 75-
foot Lakeshore setback and a lot width of 130 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. 75-foot Lake 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 proposed variance is in harmony with the purpose of the Ordinance.
The property includes difficulties in the location of the existing home and existing site conditions.
The requested changes are minimal and do not expand the footprint or increase hardcover. This
criterion has been met.
2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan." The proposed variance to allow a remodel of an existing, nonconforming home without
increasing hardcover is consistent with 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:
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 a minor entryway modification within the 75-foot setback appears to
be reasonable considering the location of the existing home. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
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AzLOA/p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7489
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The location of the existing home prevents changes or expansions of the home consistent
with the neighborhood. The proposed overall hardcover level is not changing. The
circumstances are unique to the property; and
c. The variance, if granted, will not alter the essential character of the locality."
The variance requested to permit the modification to the home's entryway and roofline are
not visible from the lake and do not expand the footprint or increase hardcover. The
proposal will not alter the character of the neighborhood. 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-lA 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 existing home's proximity to the lakeshore and the existing
conditions of the site are unique to the site.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 condition of the nonconforming home and site does not apply to other properties
in the area.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."Granting the variance is necessary for the preservation of the property
rights of the owners.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 in
this unique situation is not contrary to the intent of the zoning chapter.This criterion is met.
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p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tie �`� NO. 7489
t-,kEsHO
12. "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 is necessary to address the
poor roof drainage and open up the interior layout.The request is minor and does not expand the
footprint nor increase the hardcover.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 modification of an entryway within the
75-foot lake 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
PlanningCommission and CityCouncil 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(July 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.
ADOPTED by the Orono City Council on this 8th day of July,2024.
ATTEST' CITY OF ORONO:
Ch ine Lusi City Clerk Dennis Walsh, Mayor
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