HomeMy WebLinkAboutResolution 7480 deck variance 1090 wildhurst trII II ll 1111
LAND TYPE Torrens (T)
DOC NUM 6081174
Certified, filed and/or recorded on
Jun 25, 2024 10:07 AM
Office of the Registrar of Titles
Hennepin Co,mty, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 102 Pkg ID 2684491E
Document Recording Fee 46.00
Document Total 46.00
Existing Certs
1516748
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 May 28, 2024.
Officially signed as City Clerk of Orono,Minnesota and the seal of the city on May 28,2024.
c -,L , -
Ch\tistibe Lusian,`City Clerk
t4
r
4 Cl t
O
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 7480
t'
KOsttov-`"
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330; 78-1279; 78-1700
FILE NO. LA24-000017
WHEREAS, on March 19, 2024, Courtney Paulsen (hereinafter the"Applicant"),
applied for variances from the City Code for the property addressed 1090 Wildhurst Trail and
legally described as:
Lot 7,Tonkaview Gardens Hennepin County Minnesota except that part of the
Southerly 15 feet of said Lot 7 lying Westerly of the following described line:
Commencing at the Southwesterly corner of said Lot 7;thence Easterly along the
Southerly line of said Lot 7 a distance of 55 feet to the point of beginning of the line
being described; thence deflecting left 104 degrees 54 minutes to the Northerly line
of said Southerly 15 feet and there ending, Hennepin County, Minnesota (hereinafter
the"Property");
WHEREAS, the Applicant made application to the City of Orono for variances to
Orono Municipal Zoning Code Section 78-330 to construct a new deck 2.6 feet from the side lot
line where a 7.5-foot setback is required; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new deck to
encroach entirely lakeward of the average lakeshore setback line; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1700 to allow reduction of 122 square feet of
hardcover as part of the project resulting in 31.0% hardcover where 31.6% currently exists and
25% is the maximum permitted by Code; and
WHEREAS, on May 20, 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 May 20, 2024,the Planning Commission recommended approval
of the variances for the new deck; and
MONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti k
NO. 7480GI
AESHO-
WHEREAS, on May 28, 2024, the City Council reviewed the application reviewed
the application and the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that on May 28, 2024, 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#LA24-000017. 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-1 B One Family Lakeshore Residential Zoning District.
3. The Property contains 0.47 acres in area and has a defined lot width of 61 feet.
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. Side Yard Setback Variance
b. Hardcover Variance
c. Average Lakeshore Setback Variance
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:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The requested hardcover variance (with proposed
reductions), side setback, and average lakeshore setback variances are in harmony with
the Ordinance. The existing home is currently lakeward of both neighbors, The
neighbors have not indicated that the new deck will negatively impact their existing views
of the lake and the project will result in a decrease of hardcover.
2
t0
0
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti NO. 7480
4kESiiov
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The requested average lakeshore setback, side yard setback, and
hardcover variances are consistent with the Comprehensive Plan. The deck results in a
new average lakeshore setback encroachment beyond the existing footprint, however
does not appear to further impact the adjacent neighbor's views from the north side.
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 expand the existing nonconforming setback with the addition of a
deck lakeward of the average lakeshore setback appears to be reasonable on
the Property as there is currently no deck on the home and due to the average
lakeshore setback, there are no options for a conforming expansion of any
portion of the home. The curved shoreline and extreme setbacks of the
neighboring homes result in the existingnon-conformingcondition. The99
applicants have proposed hardcover removals.
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, the curved shoreline, and extreme setback
location of the neighboring homes, and the existing hardcover are conditions not
created by the landowners; and
c. The variance, if granted,will not alter the essential character of the locality."
It does not appear that the requested average lakeshore setback variance for the
deck will adversely impact views of the lake currently enjoyed by the adjacent
property owners or alter the character of the locality. Further, the applicant's
proposed hardcover removals help to offset the new hardcover resulting from the
deck.
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
3
0
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7480
t'
x 'ESHd -
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 residential improvements are allowed in the
LR-1 B 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 existing improvements on
the Property, the orientation and extreme setback of the location of the neighboring
homes, and existing hardcover are conditions unique to this Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The location of the existing improvements on the Property and the
orientation and extreme setback of the home to the south are conditions unique to the
Property.
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 nonconforming with
respect to the average lakeshore and side yard setbacks. There are no options for a
conforming expansion of the home's footprint or volume upward that do not require
variances. The variances are necessary.
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; nor will
it be contrary to the intent of the Code.
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 line on
this property eliminates the options for expanding and/or improving the home; the
granting of the requested variance is necessary to alleviate a practical difficulty resulting
from the location of the existing home in relation to the neighboring homes. The existing
hardcover exceeds permitted levels; the applicants' proposed removals will result in a
122 square foot reduction.
4
gQ O
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiff NO. 7480
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 78-330; and a variance to Section
78-1279 to allow the new deck to encroach entirely lakeward of the average lakeshore setback
line; and a variance to Section 78-1700 to allow reduction of 122 square feet of hardcover as
part of the project resulting in 31.0% hardcover where 31.6% currently exists and 25% is the
maximum permitted by Code to allow a new deck 2.6 feet from the north lot line where a 7.5 foot
setback is required, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated 08/23/2021 and building plans
submitted by the Applicant and annotated by City staff, 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 Applicant, 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 (May 28, 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 28th day of May 2024.
ATTEST.CITY OF ORONO:
bLOCW07
Christi e Lusi , City Clerk Dennis Walsh, Mayor
5
Resol. No. 7480
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO
I certify the foregoing is the original resolution adopted by the City Council on May 28, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on May 28,2024.
e Lusian, Clerk
b- /
f
qy `II te"
I
MONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y
G NO. 7480
t4kESHO0.
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-330; 78-1279; 78-1700
FILE NO. LA24-000017
WHEREAS, on March 19, 2024, Courtney Paulsen (hereinafter the "Applicant"),
applied for variances from the City Code for the property addressed 1090 Wildhurst Trail and
legally described as:
Lot 7, Tonkaview Gardens Hennepin County Minnesota except that part of the
Southerly 15 feet of said Lot 7 lying Westerly of the following described line:
Commencingat the Southwesterlycorner of said Lot 7; thence Easterlyalongthe
Southerly line of said Lot 7 a distance of 55 feet to the point of beginning of the line
being described; thence deflecting left 104 degrees 54 minutes to the Northerly line
of said Southerly 15 feet and there ending, Hennepin County, Minnesota (hereinafter
the"Property");
WHEREAS, the Applicant made application to the City of Orono for variances to
Orono Municipal Zoning Code Section 78-330 to construct a new deck 2.6 feet from the side lot
line where a 7.5-foot setback is required; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new deck to
encroach entirely lakeward of the average lakeshore setback line; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1700 to allow reduction of 122 square feet of
hardcover as part of the project resulting in 31.0% hardcover where 31.6% currently exists and
25% is the maximum permitted by Code; and
WHEREAS, on May 20, 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 May 20, 2024, the Planning Commission recommended approval
of the variances for the new deck; and
IS*
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
S
e' NO. 7480
KESHOiLt
WHEREAS, on May 28, 2024, the City Council reviewed the application reviewed
the application and the recommendations of the Planning Commission and City staff; and
NOW, THEREFORE, BE IT RESOLVED that on May 28, 2024, 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#LA24-000017. 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-1B One Family Lakeshore Residential Zoning District.
3. The Property contains 0.47 acres in area and has a defined lot width of 61 feet.
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. Side Yard Setback Variance
b. Hardcover Variance
c. Average Lakeshore Setback Variance
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:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The requested hardcover variance (with proposed
reductions), side setback, and average lakeshore setback variances are in harmony with
the Ordinance. The existing home is currently lakeward of both neighbors. The
neighbors have not indicated that the new deck will negatively impact their existing views
of the lake and the project will result in a decrease of hardcover.
2
0
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
4 NO. 7480
t-
KESHO0"
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The requested average lakeshore setback, side yard setback, and
hardcover variances are consistent with the Comprehensive Plan. The deck results in a
new average lakeshore setback encroachment beyond the existing footprint, however
does not appear to further impact the adjacent neighbor's views from the north side.
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 expand the existing nonconforming setback with the addition of a
deck lakeward of the average lakeshore setback appears to be reasonable on
the Property as there is currently no deck on the home and due to the average
lakeshore setback, there are no options for a conforming expansion of any
portion of the home. The curved shoreline and extreme setbacks of the
neighboring homes result in the existing non-conforming condition. The
applicants have proposed hardcover removals.
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, the curved shoreline, and extreme setback
location of the neighboring homes, and the existing hardcover are conditions not
created by the landowners; and
c. The variance, if granted, will not alter the essential character of the locality."
It does not appear that the requested average lakeshore setback variance for the
deck will adversely impact views of the lake currently enjoyed by the adjacent
property owners or alter the character of the locality. Further, the applicant's
proposed hardcover removals help to offset the new hardcover resulting from the
deck.
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
3
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti NO. 7480
41.. Ffmot
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 residential improvements are allowed in the
LR-1 B District.
7. "The board or council maypermit varianceasaace theo 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 existing improvements on
the Property, the orientation and extreme setback of the location of the neighboring
homes, and existing hardcover are conditions unique to this Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The location of the existing improvements on the Property and the
orientation and extreme setback of the home to the south are conditions unique to the
Property.
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 nonconforming with
respect to the average lakeshore and side yard setbacks. There are no options for a
conforming expansion of the home's footprint or volume upward that do not require
variances. The variances are necessary.
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; nor will
it be contrary to the intent of the Code.
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 line on
this property eliminates the options for expanding and/or improving the home; the
granting of the requested variance is necessary to alleviate a practical difficulty resulting
from the location of the existing home in relation to the neighboring homes. The existing
hardcover exceeds permitted levels; the applicants' proposed removals will result in a
122 square foot reduction.
4
0
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G4 NO. 7480
ESHOO'
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 78-330; and a variance to Section
78-1279 to allow the new deck to encroach entirely lakeward of the average lakeshore setback
line; and a variance to Section 78-1700 to allow reduction of 122 square feet of hardcover as
part of the project resulting in 31.0% hardcover where 31.6% currently exists and 25% is the
maximum permitted by Code to allow a new deck 2.6 feet from the north lot line where a 7.5 foot
setback is required, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated 08/23/2021 and building plans
submitted by the Applicant and annotated by City staff, 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 Applicant, 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 (May 28, 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 28th day of May 2024.
ATTEST• CITY OF ORONO:
b0---9-CO;C)7 .
Christie Lusi.rCity Clerk Dennis Walsh, Mayor
5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78=330; 78-1279; 78=1700
FILE NO. LA24-000017
WHEREAS, on March 19, 2024, Courtney Paulsen (hereinafter the "Applicant"),
applied for variances from the City Code for the property addressed 1090 Wildhurst Trail and
legally described as:
Lot 7, Tonkaview Gardens Hennepin County Minnesota except that part of the
Southerly 15 feet of said Lot 7 lying Westerly of the following described line:
Commencing at the Southwesterly corner of said Lot 7, thence Easterly along the
Southerly line of said Lot 7 a distance of 55 feet to the point of beginning of the line
being described; thence deflecting left 104 degrees 54 minutes to the Northerly line
of said Southerly 15 feet and there ending, Hennepin County, Minnesota (hereinafter
the "Property");
WHEREAS, the Applicant made application to the City of Orono for variances to
Orono Municipal Zoning Code Section 78-330 to construct a new deck 2.6 feet from the side lot
line where a 7.5400t setback is required; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new deck to
encroach entirely lakeward of the average lakeshore setback line; and
WHEREAS, the Applicant has made application to the City of Orono for variance
to Orono Municipal Zoning Code Section 78-1700 to allow reduction of 122 square feet of
hardcover as part of the project resulting in 31.0% hardcover where 31.6% currently exists and
25% is the maximum permitted by Code; and
WHEREAS, on May 20, 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 May 20, 2024, the Planning Commission recommended approval
of the variances for the new deck; and
I