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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. A Mil16. 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 3 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: 1 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- 1 -,2,0A0 CITY OF ORONO it)11C.- RESOLUTION OF THE CITY COUNCIL '4 NO. 7544 �' G 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: 2 VI-0 ilPL 1 - AiO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y C' NO. 7544 j. G'�ESH0 -- , 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 3 -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 4 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 5 • 10 ° o ._ - W�� waE eEE i i Y p ° '�-- E w frf ,'m 1 Eat o oEfrg§ b o o vai m o m � • 6 N I . o ' 1 I I I I =n z E W m 5> ' B .E n EiV13 a r ii ,§L,cir K N > ta x o3 E Poi e X u Lfr a oo''5 £ :i. . a ssr o0w LA€ - g. to c E E - B o _ E p W ode _ €e s a __ �0<__ 0 H C n� ° b 5 - P -o�3e v'E _Q g,.. a a$w w u a o a ' a ' o fr .8 oo ez'nc o i; a.0 016Z Li II op 8 0 i e .a -t.lA = R _ U LL i s 6ui < 3�^ a°o OSg f- g~ 1 g __ __$o s° fo sEo- 5. ww ww Q g 6 '°i _ ° c,1'4' om mo 'et 8 05n n E E' e6 °�E'^ fr. e6 °s Is I `°p 0 So 8 o$ - :poi €" . 5 ,\��\ N - of i o gs 5 g 8 / 5 rEs b' 1g=ti 8g _€ : § 4aghow o `A5 W _ , n 4 h 4 ,. \\y -' ;,y 1 S/re, ,x.loszls \ vl zi- I E 111 i. 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N 8 m'.- w f-Zac i-ki$IT t) 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.