HomeMy WebLinkAboutResolution 7505 ALS variance LAND TYPE Torrens(T)
DOC NUM 6095728
Certified, filed and/or recorded on
Sep 16, 2024 4:23 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 2710694E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1522091
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 26, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on August 26, 2024.
Ch ' e Lusian, Clerk
(SEAL)
1cL.ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��� NO. 7505
9kESHO�
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA24-000041
WHEREAS,on July 17,2024,Ben Mayer(hereinafter the"Applicant"),applied for a variance from
the City Code for the property addressed 2914 Casco Point Road and legally described as:
Tract K,REGISTERED LAND SURVEY No. 461,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 78-1279 in order to construct a new deck; and
WHEREAS,on August 19,2024,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 August 19,2024,the Planning Commission voted 7 to 0 in favor of a motion to
recommend approval of the variance as applied; and
WHEREAS,on August 26,2024 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#LA24-000041. 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-1C One Family Lakeshore Residential Zoning District.
3. The Property contains 25,808 square feet in area and has a defined lot width of 100 feet at the 75-
foot lakeshore setback and a lot width of 216 feet at the OHWL.
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Epp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
rA ��� NO. 7505
kEsxo�
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 . . . ."An average lakeshore setback variance is required for the construction of a
new lakeside deck on the property. The average lakeshore setback line currently bisects the home.
The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring
properties. The neighboring properties are not impacted by new deck as the house is setback over
100 feet from the lake.All other setbacks including the 75-foot lake setback are met.The hardcover
on the subject property will not increase due to the proposed deck being located over an existing
patio.This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan."The variance resulting in a new lakeside deck is consistent with the comprehensive plan. A
lakeside deck was previously located on the property,which has since been removed.The proposal
is for an expanded deck in the same location.There have been instances when the City has granted
variances from average lakeshore setback when the proposal does not disrupt neighboring views of
the lake and is not within the 75-foot setback. The proposed deck is not likely to impact any lake
views. 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 existing home had a lakeside deck, which has now been removed. The proposal is to
reconstruct an expanded deck in the same location. The deck will be above an existing at
grade patio and therefore there is no increase in hardcover. The proposed deck is over 100
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p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��tq ��� NO. 7505
KES H O¢
feet away from the OHWL and is unlikely to impact neighboring views of the lake. The
proposal preserves the intent of the ordinance by not disrupting any neighboring lake
views. 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 neighboring homes is out of the control of the homeowner. The
applicant is requesting the average lakeshore setback variance to construct an expanded
deck to a more reasonable size; and
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variance resulting in a new, expanded lakeside deck will not alter the
character of the locality. The project will meet the 75-foot lake setback, meet hardcover
requirements and limit impact to the neighbors. 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 existing position of the property in relation to the neighboring
homes is unique. The neighboring properties will not have their lake view impacted by the proposed
deck.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 relates to the existing conditions of the site and
position of the home.This criterion is met.
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"!LpNp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�jq �C` NO. 7505
kESHO�
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant."The proposed deck allows the property owner to fully enjoy the deck
and lakeyard. The deck is over 100 feet from the lake and hardcover is not impacted.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 variance 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 variance allows for the reconstruction and
expansion of a lakeside deck that will encroach into the average lakeshore setback.The current home
is nonconforming to average lakeshore setback as the setback line bisects the home.Any lakeside
deck on the home would require a variance.The proposed deck will allow the current property
owners to fully use and enjoy the lakeyard.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 78-1279 to allow the construction of a deck 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(August 26, 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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iOpCITY OF ORONO
> RESOLUTION OF THE CITY COUNCIL
q �C' NO. 7505
kESHOv`
ADOPTED by the Orono City Council on this 26th day of August,2024.
ATTEST: CITY OF ORONO:
if
Chris i e Lu-p, City Clerk Dennis Walsh, Mayor
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