HomeMy WebLinkAboutResolution 7499 variance driveway u
LAND TYPE Torrens(T)
DOC NUM 6095002
Certified, filed and/or recorded on
Sep 11, 2024 4:11 PM
Office of the Registrar of Titles
Hennepin County,Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 87 Pkg ID 2709348E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1550645
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)
iLOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7499
-.4-Es Ho-
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1700
FILE NO. LA24-000036
WHEREAS, on June 19, 2024, Mark Enger and Mary Enger, a married couple (hereinafter the
"Applicants"), applied for a variance from the City Code for the property addressed 2697 Casco.Point
Road and legally described as:
Lot 4, Auditor's Subdivision 265, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made ari application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1700 to allow 26.3% hardcover for the construction of an
expanded driveway turnaround where 25.7% hardcover currently exists and 25% is allowed; 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 recommended approval of the
variance; and
WHEREAS, on August 12, 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:
Al. 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.
A2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District.
A3. The Property contains 0.47 acres (20,509 square feet) in area.
-Oa�� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y*1\,1fr
E . NO. 7499
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A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
A5. The Applicants have applied for a hardcover variance.
A6. In 2020, the Applicants were granted a hardcover variance to construct a 10-foot x 10-foot
driveway backup apron resulting in 25.7% hardcover where 25% hardcover is normally
allowed according to Resolution No. 7125.
A7. In considering this application for a 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 requested variance to increase the hardcover level by an
additional 116 square feet to increase the safety of the driveway is in harmony with the
purpose of the Ordinance. The substandard lot has difficulties in its slope, small size and
depth, and unique configuration, the requested variance to create a more functional back-up
apron to allow better maneuverability is reasonable. This criterion is not met.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The hardcover variance is requested to create a more functional
minimal turnaround to improve safety. The Property is narrow and deep with sloping
topography. The variance requested to improve the safety of the driveway is consistent with
the comprehensive plan.
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 variance to
allow expansion of the driveway hardcover may be supported by the practical
difficulties found in the restricted maneuverability which results from the narrow
width and orientation on the Property in addition to the steep access to the elevated,
highly trafficked roadway is not unreasonable.
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,ZO.4 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�110E::.(1.'
NO. 7499
.kESHO¢�
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner. A number of the difficult characteristics of the Property were not
created by the owners, depth and narrowness of the lot, shared driveway access to
the busy roadway, and the steep topography; and
c. The variance, if granted, will not alter the essential character of the locality. The
minimal hardcover variance is requested to provide better maneuverability on the
driveway and will not alter the essential character.
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 in the
LR-1C District.
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 sloped topography, lot width and depth, and
shared driveway situation are particular 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 street serving the property is at a substantially higher elevation than the
home. The slope conditions and orientation of the access to the busy roadway do not
necessarily apply to the properties in the LR-1 C district. •
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The owners indicate that granting the hardcover
variance is necessary for safe egress from the property which preserves their property
rights.
B11."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
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-fcLO.A CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti�� ��, N0. 7499
ill1L'
'kESHO¢
requested hardcover variance in this unique situation to provide a safer driveway in this
situation is not contrary to the intent of the zoning chapter.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty." The practical difficulties inherent to the lot's
topography, narrowness and depth, and limited shared driveway access to the high-traffic
roadway support the variance. The granting of the variance would alleviate safety concerns
for the owners rather than convenience.
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 Section 78-1279 to allow construction of a new home
lakeward of the average lakeshore setback, subject to the following conditions:
Cl.Council approval is based on the entire record and the above Findings.
C2.The approved project shall conform to the site plan submitted by the Applicants, attached to
this Resolution as Exhibit A.
C3.Amendments to the plans that do not conform to City codes may require further review by
the Planning Commission and City Council.
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 permit for the driveway expansion
and commencing construction of said project. A permit must be obtained within one year of
the date of Council approval, or the variance will expire on that date (August 12, 2025).
C5.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 12th day of August, 2024.
CITY OF ORONO:
U,k9C-.)1-/
ATTEST Dennis Walsh, Mayor
Christine L usi_' ity Clerk
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