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HomeMy WebLinkAboutResolution 7481 deck variance 1355 vine plLAND TYPE Torrens (T) DOC NUM 6081925 Certified, filed and/or recorded on Jun 28, 2024 8:00 AM Office of the Registrar of Titles nnepin County, Minnesota Amer Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 102 Pkg ID 2685733E Document Recording Fee 46.00 Document Total 46.00 Existing Certs 1568637 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. Chlistite Lusian,`Ci y Clerk tfr CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 1 C51 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 784279 FILE NO. LA24-000022 WHEREAS, on April 17, 2023, Amy Yanik (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 1355 Vine Place and legally described as: That part of Tract F, lying Southerly of the following described line: Commencing at the Southeasterly line thereof 156.6 feet to the point of beginning of the line being described; Thence deflecting right 19 degrees 54 minutes to the shore of Forest Lake Channel and there ending, Tract G and H, Registered Land Survey No, 488, 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 78-12I in order to construct a new deck; 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 voted 6 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS, on May 28, 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 #LA24-000022. 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-113 One Family Lakeshore Residential Zoning District. I CITY OF ORONO RESOLUTION Ur THE CITY COUNCIL 3. The Property contains 40,075 square feet in area and has a defined lot width of 172 feet at the 75- foot lakeshore setback and a lot width of 209 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. 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 existing home and deck on the lot does not conform with the average lakeshore setback. The proposed deck replacement is the same location and footprint as the existing deck. However, the deck railing must be raised 6" in order to comply with building code. An "in - kind" deck replacement would not be permitted due to the substandard deck railing height. A variance is required to allow the deck railing to increase in height to meet the MN State building code requirements. The new deck 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 replacement of a nonconforming lakeside deck is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. The proposal will meet all other zoning requirements. 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 notper•mitted by the official controls. The replacement of an existing deck on asingle-family home is a reasonable use of the property. The proposed changes are minimal and brings the deck railing to building code standard. This criterion is met. CITY OF ORONO RESOLUTION Ur THE CITY COUNCIL b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing home location is not the result of the current property owner's actions; and a, Tlae variance, fgranted, will not alter the essential character of the locality. " The proposed variance resulting in the replacement deck that meets building code 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 LR-1B District. 7. "The board or• council may permit as a variance the temporary use of aone-family dwelling as atwo- family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such properly or immediately adjoining property." The location of the existing home on the lot and the relation of the lot to the neighboring homes is unique and specific property. 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 existing home is in a nonconforming location. The proposed deck will maintain the same lake setback and same hardcover. The only change on the new deck is the height of the railing in order to meet building code. Granting the average lakeshore setback allows the property owner to replace an aging deck that is in disrepair. This criterion is met. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 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 deck is in the same location and same footprint as the existing deck. 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 the existing new deck to raise the height of the deck railing to meet building code safety standards. The footprint and location of the deck remain the same. The variance is necessary in order to replace a deck that is in disrepair. 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 78-1219 to allow the construction of an addition and house remodel 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 (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. CITY OF ORONO RESOLUTION ur THE CITY COUNCIL No. 7481 ADOPTED by the Orono City Council on this 28th day of May, 2024. CITY OF ORONO: Dennis Walsh, Mayor E Resolution 7481 Ex. A Itevisod Plat ,,_Sux .ro,o for Kenneth Morrir Cin `bracts F. G, and II, HegihtFred 1,ar. yQ lienneuin j.ountiy, MinnP G - r w etnfie v \ a rk+d' p N4 CS3 \ h fance. oft PM%rM) A C u 0 i 7d IMoas 9<t96' Certificate of Svrvoy: T hereby certify that this is e true and correct rely^esentation o1' a survey of the boundaries of that part of Tract F lying Southerly of the following -described liner Commencing at the SouCheastaa.11, corner of a(Aid Tract I thence westerly ulong 'brie Southerl;i line thereof 15be6 feet to the point of beai.nnine of the line beinr desrriWe t,hrsnvp dAflnotiniyright19054' to the shore of Forest Channel, and blare end3ngl and Tracts G and H, in Registered Land Survey No. 488, files of Rel.istrar of Titles, County of IIennepin, and of the location of all build3ntrs, hereon, and all visible encroachments, if any, from or on said land. Hate 6-a-77 r, Iron Jnarker March 27, 2024—Revised Site Plan Gordon R, CofP<;--._..Rear. I'c, ti 64. mind gturee>>or Anil Flamer Is nr, Lakr: , lvdnnrsota City Protect # RAS 24-000008 PROJECT 1- Roplacemant of Existing above grade Deck Removal and reconstruction of existing 814" x 24%0" Deck. New replacement deck to be constructed in the exact same location as existing deck on the west side of house— 8 ft, above existing grade. PROJECT 2 —Storage Shed Removal and replacement of all exterior siding and reroofing of existing shed. Existing shed framing to be reused. OWNER —AMYYANIK 1365 VINE PLACE ORONO, MN 5536 all No. 612-387-5998 a myya n ikme i s e l@gmai l,co m AMY YANIK RESIDENCE 1355 VINE PLACE ORA 40, MN 55364EXISTING HARDCOVER 8u11ding 1,848 sq. ft. Wood Deck 192 sq. ft, On•grade patio 360 sq. ft Wood Shed 96 sq. ft. Drive & Steps 1,680 sq. ft. Total Hardcover 4,176so. ft. 6 ojHardcover =10.45% Total Lot Area = 40,075 sq. ft, a f3. O O M M M rl r b r.,.. r hi f^1 vOVplug. N MQ0. 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