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Home My WebLink AboutResolution 7500 variance new home build • LAND TYPE Torrens (T) DOC NUM 6094979 Certified, filed and/or recorded on Sep 11, 2024 4:13 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 92 Pkg ID 2709351 E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1576335 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) gOt� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. 7500 �' SHOD A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000037 WHEREAS, on June 19, 2024, Mark Ferry and Elizabeth Flynn Ferry, a married couple (hereinafter the"Applicants"), applied for a variance from the City Code for the property addressed 3545 Ivy Place and legally described as: Lot 1, Block 1, Casco Cove, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made an application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow the construction of a new home lakeward of the average lakeshore setback line; 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-1 C One Family Lakeshore Residential Zoning District. *1114 Oiv CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A ' NO. 75O0 kESHO sc, A3. The Property contains 0.93 acres (40,840 square feet) in area and has a defined lot width of 270 feet at the OHWL and 245 feet at the 75-foot setback from the OHWL. 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 an average lakeshore setback variance. A6. 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 Property includes difficulties in its topography, the utility easement encroachments, and the orientation of the adjacent property and home. The average lakeshore setback variance will not further impact views of the lake for the affected adjacent property. According to the plan, the neighbor's view of the lake will be improved on the west side. This criterion is met. B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance to build a new home on the Property 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 request to permit a new home in the proposed location within the average lakeshore setback appears reasonable considering the neighboring home's orientation, the shape of the Property, utility easements, and topography. The new home will improve the view of the lake for the neighbor compared to the existing condition. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The shape and orientation of the neighbor's property and 2 i iv CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�� 4' NO. 7500 kESHO‘L the location of the neighbor's home result in no legal building envelope. The new home shape and location will offer an improved view of the lake for the affected neighbor. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality."The variance is requested to permit the construction of a new home in a similar location that will not adversely impact the neighborhood's 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 single-family home 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 Property's unique orientation to the lakeshore and the adjacent homes create difficulties for the Owners to improve the Property consistent with the homes in their neighborhood. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's unique shape and the extreme setback of the adjacent home on the "flag lot" create difficulties for the Applicants. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the average lakeshore setback variance is necessary for the preservation of the property rights of the Applicants. 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 requested variance in this unique situation is not contrary to the intent of the zoning chapter. 3 iLOAr CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � ��` NO. 7500 q�ESHO0' B12."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 and does not merely serve as a convenience to the Applicants. 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 survey dated 06/18/2024 by E. G. Rud & Sons, Inc., and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 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 (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. 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