HomeMy WebLinkAboutResolution 7527 Variance 865 Partenwood Rd •
LAND TYPE Torrens(T)
DOC NUM 6107120
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 175 Pkg ID 2732351 E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1575725
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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.
/ C
C ' ' e Lusian, ' Clerk
(SEAL) -
�OArCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7527
ltrl\1114(Ij4.'
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1279 and 78-1680
FILE NO. LA24-000046
WHEREAS, on September 19, 2024, John Erickson (hereinafter the"Applicant"), made a
complete application for variances from the City Code for the property addressed 865 Partenwood
Road and legally described as:
Lot 1, Block 2, PARTENWOOD, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicant has applied to the City of Orono for a lakeshore setback
variance from City Code Section 78-1279 in order to construct a new deck; and
WHEREAS, the Applicant has applied to the City of Orono from City Code Section 78-
1680 for a variance to allow hardcover within the lakeshore setback in order to construct a new
deck; and
WHEREAS, on October 21, 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 October 21, 2024, the Planning Commission voted 5 to 0 in favor of a
motion to recommend approval of the variances as applied; 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 variances 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 #LA24-000046. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
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VLONU CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
1frs�
NO. 7527
4kESHO �
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-1 B One Family Lakeshore Residential Zoning District.
3. The Property contains 49,617 square feet in area and has an irregular lot shape with a
defined lot width of 67 feet at the 75-foot lakeshore setback and a lot width of 183 feet at
the OHWL.
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
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 variances
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 variances requested for the construction of a grade-
, level deck in an area where hardcover is not permitted resulting in a hardcover reduction
within the 75-foot lakeyard is in harmony with the intended purpose of the ordinance. This
criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The proposed variance is consistent with the Comprehensive Plan.
The Comprehensive Plan emphasizes the protection of natural resources including our
natural waterways. The proposed project will reduce the hardcover and setback
encroachments within the 75-foot lakeshore setback, bringing the property closer to
zoning conformance. 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:
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�OAO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� NO. 7527
r-/ktsH0°.
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 property owner has limited use of the site with the existing single-family home
with an attached two (2)-stall garage located almost entirely within the 75-foot
lakeyard setback. The proposed deck replacing a paved area 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 existing house was built by previous owners. The lot is a peninsula with
lakeshore on three(3) sides limiting the building envelope on the site. The existing
nonconformities are not the result of the current property owner's actions. This
criterion is met.
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variance resulting in the construction of a deck where a current patio
and landscaping is located will not alter the character of the neighborhood. The
lot is wooded and would have limited visible impact from the lake. 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-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.
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�-OATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� NO. 7527
t-fkESHO48
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."The narrow building envelope impacted by the
lakeshore on three(3) sides of the property is unique to the Property. 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 Property is surrounded by lakeshore on three (3) sides. The location
of the existing structures and improvements, in relation to the setbacks defining the
allowed building envelope on site, is unique to the Property. This criterion is met.
10. "The granting of the application is necessary for the preservation-and enjoyment of a
F substantial property right of the applicant."The existing home on the property currently has
an at-grade patio. The proposal is for a grade-level deck to replace the patio resulting in
a reduction of the overall hardcover within the 75-foot lakeshore. Approval of the proposed
deck supports preservation of a substantial property right of the Applicant and impacts
their enjoyment of the Property. 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 variance
does not impair health, safety, comfort or morals, and is not contrary to the intent of the
zoning chapter since the nonconforming setbacks and hardcover level will be improved
compared to the existing conditions. 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."There are practical difficulties that
support the application as proposed. The variances requested for a new deck will '
improve the overall hardcover and setbacks on the site. This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
approval for the requested variances from Orono Municipal Zoning Code Sections 78-1279 and
78-1680 to allow the construction of a deck including hardcover within the 75-foot 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.
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�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�l tiG NO. 7527
9KESHO�
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 (November 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 November, 2024.
ATTEST: - CITY OF ORONO:
'anti*
Christine Lusia Y ity-Clerk Dennis Walsh, Mayor
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