HomeMy WebLinkAboutResolution 7544 - Variance 975 Wildhurst Trail II II I II II
LAND TYPE Torrens (T)
DOC NUM 6112007
Certified, filed and/or recorded on
Dec 18, 2024 9:32 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 102 Pkg ID 2741178E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1514890
This cover sheet is now a permanent part of the recorded document.
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1cL-O'V0 CITY OF ORONO
ces
RESOLUTION OF THE CITY COUNCIL
NO. 7544
G
r1KE S H 00'
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 & 78-1680
FILE NO. LA24-000058
WHEREAS, on October 23, 2024, PHI Decks ("Applicant"), applied for variances
from the City Code for the property addressed 975 Wildhurst Trail and legally described as:
The south 200 feet of the east 286.32 feet of the west 386.2 feet of the Northwest
Quarter of the Northeast Quarter of Section 7, Township 117 North, Range 23 West,
Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a setback
variance to the Orono Municipal Zoning Code Section 78-1279to construct a deck and porch
addition the lakeshore and average lakeshore setback; and
WHEREAS, the Applicant has made application to the City of Orono for a
hardcover variance to the Orono Municipal Zoning Code Section 78-1680 to allow hardcover
within the lakeshore setback for new stair improvement; and
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WHEREAS, on November 18, 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 November 18, 2024, the Planning Commission recommended
approval of the variances; and
WHEREAS, on December 9, 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 variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
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1. This application was reviewed as Zoning File#L24-000058. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-
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-,2,0A0 CITY OF ORONO
it)11C.- RESOLUTION OF THE CITY COUNCIL
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NO. 7544
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l`�'cESHGgti
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-1 B (One-Family Lakeshore Residential) Zoning District.
3. The Property contains 0.52 acres in dry-buildable area and has a defined lot width of 200
feet.
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. 75-foot lakeshore setback
b. Hardcover within the 75-foot lakeshore setback
c. Average lakeshore setback
6. In considering this application for 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:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The average lakeshore setback and the lakeshore
setback as defined by the City Code make the development and improvement of this
property challenging. The proposal does not further encroach into either setback beyond
the house and decks that are existing and decreased the overall hardcover for the site,
meeting the intent and purpose of the Ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The proposed variances to construct a deck addition with no new
setback encroachments with an overall reduction in hardcover is consistent with the
comprehensive plan.
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:
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1 - AiO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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, 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 the home addition within the 75-foot setback and average
lakeshore setback appears to be reasonable considering the location of the
existing home, the orientation of the neighboring homes to the lakeshore, and the
existing mature vegetative screening. The request is reasonable.
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 prevents changes or expansions of the home
consistent with the neighborhood. The proposed overall hardcover level is being
reduced and the addition will not impact the views of the lake from the neighboring
homes. The circumstances are unique to the property.
c. The variance, if granted,-will not alter the essential character of the locality."
The variance is requested to permit the construction of a small addition to the home
designed to minimize impacts on the lake. The project will not create any further
encroachment toward the lake and the location will not impact the neighbor's views
of the lake and will fit the character of the neighborhood according to the submitted
information.
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; improvements to a single-family home are
allowed within in the LR-1 B 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 subject property is encumbered by an
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-OAtp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.7544
llicES H OV-
average lakeshore setback that severely limits the ability of the property to be developed
and improved.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."The unique peninsula-share of the property being a similar distance to the
lake as its neighbors, but within the ALS creates a practical difficulty for the owners.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting the variances are necessary for the
expansion of.the upper deck to create an enclosed porch on the lower deck and
preservation of the property rights of the owners.
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 in this unique situation is not contrary to the intent of the Zoning
Regulations.
12. "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 to
address the conditions of the existing decks and does not merely serve as a convenience
to the applicant.
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 Sections 78-1279 and 78-1680 to allow a proposed
two-level deck and porch addition with new hardcover within the lakeshore setback and 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 survey updated on October 31, 2024 and
building plans submitted by the Applicant and annotated by City staff, attached to this
Resolution as Exhibits B & C.
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 Applicant, but are
permissive only and must be exercised by obtaining a building permit for the new
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BOO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7544
l4KES H o-�
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 (December 9, 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 9th day of December, 2024.
ATTEST ' CITY OF ORONO:
CN3)1-92 -)1,
Chrar'usian, Clerk Dennis Walsh, Mayor
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d Draft Minutes
Planning Commission Regular Meeting
Monday,November 18, 2024, 6:00 PM
tiF c` City Council Chambers 2780 Kelley Parkway, Orono, MN 55356
Orono Planning Commission members present: Chair Chris Bollis,Commissioners Jon Ressler, Ted
Schultze,Bob Erickson, and Mark McCutcheon(arrived at 6:41 p.m.). Commissioners Scott Kirchner and
Gary Kraemer were absent.
Staff present: Community Development Director Laura Oakden, City Planner Melanie Curtis, and City
Planner Matthew Karney.
1.1. LA24-000058, TIMBROWN, PHI DECKS, 975 WILDHURST TRAIL, VARIANCES
The Planning Commission is requested to review the Staff report,receive a presentation, and discuss and
approve variances to increase the upper deck and enclose the lower deck.
The Planning Commission discussed the item and asked questions of staff. The applicant was present.
Chair Bollis opened the public hearing at 6:31 p.m.
There were no public comments.
Chair Bollis closed the public hearing at 6:31 p.m.
Commissioners cited the small buildable area as supporting practical difficulty and noted the reduction of
hardcover planned.
Ressler moved,Schultze seconded,to approve LA24-000,variances.VOTE: Ayes: 4,
Nays 0.