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Home My WebLink AboutResolution 7526 Varaince 875 Forest Arms LaneExisting Certs 1550788 IlllllllllllllllllnlllllllllllllllllllllllllllllllllllLAND TYPE Torrens (T) DOC NUM 6107115 Certified, filed and/or recorded on Nov 20, 2024 8:02 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 87 Document Recording Fee Document Total Pkg ID 2732350E $46.00 $46.00 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 November 12, 2024. Officially signed as City Clerk of Orono, Minnesota. and the seal of the city. Lusian,`Cffy Clerk RESOLUTION OF THE CITY COUNCIL A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000052 WHEREAS, an September 19, 2Q24, on behalf of the property owner Maria Swenson, Outdoor Excapes (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 875 Forest Arms Lane and legally described as: Lot 13, Block 2, FOREST ARMS, Hennepin County, Minnesota (hereinafter the Property"); WHEREAS, the Applicant has made an application to the City of Orono far a variance to Orono Municipal zoning Code Section 78-1279 to allow a new, reconfigured deck to be constructed within the average Lakeshore setback resulting in a new encroachment, and WHEREAS, on October 21, 2024 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the P€arming Commission held a pub€ic hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 21, 2024, the Planning Commission recommended approval of the variance; and WHEREAS, on November 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 mare of the following findings of fact concerning the Property: FINDINGS OF FACT: A1. 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 mater€als distributed at these meetings are hereby incorporated by reference. RESOLUTION OF THE CITY COUNCIL • W.. A2. The Property is loca#ed in the LR-1B, One i amity Lakeshore Residential Zoning District. A3. The Property contains 1.45 acres in area and has a defined lot width of 140 feet. A4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District, A5. The Applicant has applied for an average lakeshore setback variance. A6. !n 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: B1. "Variances shall only be permit#ed when they are in harmony with the general purposes and intent of the ordinance .... The requested average Lakeshore setback variance is in harmony with the Ordinance as the adjacent neighbors are situated such that their channel/lake views are not across the subject property and the improvements will not impact their views. B2. Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variance for the construction of a deck on the single-family residence in a residential zone 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 the new deck lakeward of the average lakeshore setback appears to be reasonable as the views of the lake enjoyed by the adjacent properties will not be adversely impacted; the mature vegetation, topography, and home orientation separate the Property from its neighbors. 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, the orientation and 2 RESOLUTION OP THE CITY COUNCIL location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question are conditions not created by the landowner; and c. The variance, ifi granted, wilt not alter the essential character of the locality." It does not appear that granting the requested average lakeshore setback variance will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. 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 sunl[ght 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 additions/improvements to a residential home are permitted in the LR4B District. B7. "The board or council may permit as a variance the temporary use of aone-family dwelling as atwo-falit ily 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 location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline are unique conditions affecting the Property and the immediately adjoining properties. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location of the existing home, the orientation and locafion of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question are unique conditions affecting the subject property, and the immediately adjoining properties, are not common conditions of properties in the LR-1 B district overall. 3 RESOLUTION OF THE CITY COUNCIL 8?0."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Applying the setbacks on the Property results in a limited building area. Without variances much of the Property is not usable. The variance is necessary to preserve the owner's 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 requested variance will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. B?2. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The application of the average Lakeshore setback severely limits the options for improving the property/home; the granting of the requested variance is necessary to alleviate a practical difficulty resulting from the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal honing Code Section 78-1279 fo allow construction of a deck lakeward of the average lakeshore setback, subject to the following conditions: C1. Council approval is based on the entire record, the above Findings. C2.The approved project shall conform to the site plan and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. C3.Any amendments to the plans which are not in conformity with City codes may require furiher Planning Commission and Ci#y Counci[ review. 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 (November 12, 2025). C5. Violation of ornon-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. !1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7526 ADOPTED by the Orono City Council on this 12t" day of November, 2024. CITY OF ORONO: Dennis Walsh, Mayor �7 §esol.No. 7526 Exhibit A LA24 000052 &MN 55364 z I I c 0 Resol. No. 7526 Exhibit B LA24-000052 I � I i f ` i s 5e iila8'` EEOrctt:.MN55564 it I; 875= �e5tArm5_ane, } s .�.�.�.... .. . ....... .. ��.......... ....... 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