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HomeMy WebLinkAboutResolution 7498 variance deck 1 LAND TYPE Abstract (A) DOC NUM 11313012 Certified, filed and/or recorded on Sep 11, 2024 4:08 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 41 Pkg ID 2709347E 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 August 12, 2024. Officially signed as City Clerk of Orono, Minnesota and the seal of the city on August 12, 2024. Ch ' . e Lusian, Clerk (SEAL) BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7498 -11QsHos" A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO.LA24-000035 WHEREAS,on June19,2024,Molly Wolf(hereinafter the"Applicant"),applied for a variance from the City Code for the property addressed 2080 North Shore Drive and legally described as: That part of the Northeast Quarter of the Southwest Quarter of Section 10, Township 117,North Range 23,West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Commencing at the Southwest corner of Lot 6, Elbridge S. Barnes First Subdivision of said Section 10;thence Southwesterly along the Easterly line of right of way of Great Northern Railroad a distance of 357.06 feet; thence Southeasterly at an angle of 90 degrees to said railroad line 40 feet to the Easterly line of Railroad Avenue said last named point being the actual point of beginning of the tract of land to be described; thence Southeasterly at an angle of 90 degrees to the Easterly line of Railroad Avenue a distance of 125 feet;thence Southwesterly at right angles to the North line of Main Street(County Road No. 51);thence West along the North line of said Main Street to its intersection with the Southeasterly line of said Railroad Avenue; thence Northeasterly along the Southeasterly line of said Railroad Avenue 120.89 feet to the actual point of beginning, according to the United States Government survey thereof. (hereinafter the"Property"); WHEREAS,the Applicant has applied to the City of Orono for a side yard variance setback from City Code Section 78-305 in order to construct a new deck; and WHEREAS,the Applicant has applied to the City of Orono for a rear yard variance setback from City Code Section 78-305 in order to construct a new deck; and WHEREAS,on July 15,2024,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 July 15,2024,the Planning Commission voted 6 to 0 in favor of a motion to recommend approval of the variance as applied; and WHEREAS,on August 12,2024 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� 4' NO. 7498 li'EsH00" 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#LA24-000035. 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. 3. The Property contains 12,735 square feet in area and has a defined lot width of 105 feet. 4. The Property is within Tier 1 and hardcover is limited to 35%according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Side Yard Setback b. Rear Yard 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 substandard in size and width and contains a home that is nonconforming to the required setbacks. The home does not have a deck currently, and the construction of any deck on the rear of the home would require a variance. The home is currently 42 feet from the rear property line and the required setback is 50 feet. The proposed setback of 24 feet for both the rear and side yard setback is reasonable in respect to the lot's substandard size. The proposal is well below the hardcover maximum of 35%. The request to develop a deck on a substandard lot is in harmony with the general intent of the Ordinance. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances allowing construction of a deck is consistent with the comprehensive plan. It 2 gOAte.‘ CITY OF ORONO • RESOLUTION OF THE CITY COUNCIL NO. 7498 -IkEsHoo' is reasonable to expect some outdoor living space, such as a deck, for a single-family home. The subject property is substandard in size and unable to meet the setback requirements due to the placement of the home on the lot.The proposal is reasonable and unlikely to impact the neighboring properties. 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 proposal to construct a deck for a single-family home that does not currently have outdoor living space is reasonable. The existing home does not meet the rear yard setback and therefore the construction of a deck requires a setback variance. This criterion is met. 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 on the lot as well as the substandard size and width of the lot are out of the control of the homeowner. This criterion is met. c. The variance, if granted, will not alter the essential character of the locality." The proposed variances allowing construction of a new deck on the rear of the home will not alter the character of the locality. The proposed deck will meet the setback from the corner side yard and will be screened from neighboring properties by existing fencing or vegetation. 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-1A District. 3 liL.O Atp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL k$ 4�G NO. 7498 1cESHO 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 position of the home on the lot is unique to this 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 request is specific to this property as it is impacted by the existing location of the home. 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 does not have outdoor living space in the form of a deck or patio.The existing home does not meet the required rear yard setback of 50 feet and therefore a new deck on the rear of the home would require a variance. The proposal will allow the property owner to enjoy their yard fully.Hardcover and street yard setbacks are met.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 variances will not adversely impact health,safety,comfort,or morals of the community.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 variances allow for the construction of a new deck for a single-family home that does not currently have outdoor living space. The requested setbacks of 24 feet from the rear and side yard setbacks are due to the'substandard size of the lot and placement of the existing home. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances from Orono Municipal Zoning Code Section 78-305 to allow the construction of a deck that encroaches into the rear and side yard setbacks: 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. 4 -,iL.OAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 11L ti�tq 4�G�h NO. 7498 kESHO 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(August 12,2025). 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. 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