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Home My WebLink AboutResolution 7497 variance additionLAND TYPE Torrens(T) DOC NUM 6094989 Certified, filed and/or recorded on Sep 11, 2024 4:03 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 165 Pkg ID 2709343E Document Recording Fee 46.00 Multiple Certificates Affected Fee 20.00 Document Total 66.00 Existing Certs 1576972, 1562440 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) liLp.Ajr.‘ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7497 kESHO A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO.LA24-000034 WHEREAS,on June 13,2024,Matthew Tierney(hereinafter the"Applicant"),applied for variances from the City Code for the properties addressed 2285 and 2305 Bayview Place and legally described in Exhibit A; WHEREAS,the Applicant has applied to the City of Orono for lot area variances from City Code Section 78-350 for both 2285 and 2305 Bayview Place; and WHEREAS,the Applicant has applied to the City of Orono for lot width variances from City Code Section 78-350 for both 2285 and 2305 Bayview Place; and WHEREAS,the Applicant has applied to the City of Orono for a front yard setback variance from City Code Section 78-350 for 2305 Bayview Place; 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 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#LA24-000034. 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. 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7497 4kESHo40 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property is within Tier 3 and hardcover is limited to 35%according to the Stormwater Quality Overlay District. 4. Applicant has applied for the following variances: a. Lot Area b. Lot Width c. Front Yard Setback(2285 Bayview Place) 5. 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 intent of the Ordinance is to allow the development of a lot of record, even if it is nonconforming in size and width. The subject properties are currently nonconforming. The applicant is the owner of the two properties and wishes to adjust the shared property line. The proposed lot line adjustment improves the lot configurations and buildability.The proposed lot line adjustment will bring the current home located on 2305 Bayview Place closer to conformance. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances allow an administrative lot line adjustment to take place for two nonconforming lots. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. Bringing the existing home at 2305 Bayview Place closer to conformance is consistent with the goals of the Comprehensive Plan. 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 proposed lot line adjustment improves the configuration of two nonconforming lots. The lot line adjustment brings the current home at 2305 Bayview Place closer to conformance and improves the building envelope of 2285 Bayview Place,which will allow 2 • SON-CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y lq 4 G1 NO. 7497 kESHO for the development of the lot without additional variances. The lot line adjustment between two nonconforming lots that improves some nonconformities is reasonable. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard size and configuration of the subject properties is not at the result of the current property owner's actions; and c. The variance, ifgranted, will not alter the essential character of the locality." The proposed variances supporting the lot line rearrangement will not alter the character of the area.The proposed lot configuration is a more standard and predictable development pattern. The proposed lots will both front on Navarre Lane and will be closer to conformance. 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-1C 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 substandard lot sizes, substandard lot widths, and existing conditions of the properties are unique and specific conditions. 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." While there are surrounding properties that are similar in size, the location of the existing structures on the property and the shape of the lots are unique to the subject properties. This criterion is met. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y jq NO. 7497 kESHG¢ 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The existing configuration of lots does not allow for the expansion of the existing home at 2305 Bayview Place in a conforming manor. It also limits the building envelope for the vacant lot at 2285 Bayview Place. The requested variances allowing the administrative lot line adjustment allows for improved buildability of both lots.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 an administrative lot line adjustment to take place for two nonconforming lots. The requested variances and proposed lot configuration will bring the existing home at 2305 Bayside Place closer to conformance and allow 2285 Bayside Place to be developed without the need of more variances. 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 Sections 78-350 for variances for lot area, lot width, and front yard setback to facilitate an administrative lot line adjustment for 2285 and 2305 Bayview Place. 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached sign plans submitted by the Applicant and annotated by City staff(hereinafter the"Plans"), attached to this Resolution as Exhibit 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 an administrative lot line adjustment 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. ADOPTED by the Orono City Council on this 12th day of August, 2024. 4 O p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 01°-.4*ye q C> NO. 7497 kESH0R ATTEST: r CITY OF ORONO: r , PiL02207 . C'e Lusi ilrCity Clerk Dennis Walsh, Mayor 5 Res. 7497 Exhibit A Legal Description 2285 and 2305 Bayview Place Westerly Parcel Legal Description: (per Certificate of Title No. 1540657) Lot 30 and all of Lot 31 except that part thereof described as follows: Beginning at a point in the Northeasterly line of said lot distant 10 feet from the most Northerly corner of said lot;thence Southwesterly parallel to the Northwesterly line of said lot 120 feet; thence Southeasterly parallel to said Northeasterly line of said lot to the Southeasterly line of said lot;thence Northeasterly along said Southeasterly line of said lot to the most Easterly corner of said lot;thence Northwesterly along said Northeasterly line of said lot 126.5 feet to the point of beginning. "Wallace's Addition to the Village of Minnetonka Beach". Easterly Parcel Legal Description: (per Certificate of Title No. 1546066) That part of Lot 31 in "Wallace's Addition to the Village of Minnetonka Beach", described as follows: Beginning at a point on the northeasterly line of said lot distant 10 feet from the most northerly corner of said lot; thence southwesterly parallel with the northwesterly line of said lot a distance of 120 feet; thence southeasterly parallel with said northeasterly line to the southeasterly line of said lot;thence northeasterly along said southeasterly line to the most easterly corner of said lot;thence northwesterly along said northeasterly line 126.5 feet to the point of beginning. vm di; N 2F- na b n tea 411 i N d xCPLP RI 6 W 5 w g Wm- IThr vas z g of m E 19m Cli 0 cl- - -KT 2 i 1 79 o\ CA . 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