HomeMy WebLinkAboutResolution 7521 Variance 1760 Shadywood LAND TYPE Torrens(T)
DOC NUM 6107130
Certified, filed and/or recorded on
Nov 20, 2024 8:01 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber,Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 184 Pkg ID 2732347E,
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1580293
This cover sheet is now a permanent part of the recorded document.
• STATE OF MINNESOTA )
) S
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on October 28, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
C
Ch e Lusian, Clerk
(SEAL)
liL0At, CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� „ �•� NO. 7521
t-kESHOR.
s ,
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE SECTION 78-1700;
AND
DENYING VARIANCES FROM MUNICIPAL ZONING CODE
SECTIONS 78-350 AND 78-1279
FILE NO.LA24-000043
WHEREAS, on August 19, 2024, on behalf of the owner, Archos Architecture and Design
PA, (hereinafter the"Applicant"), applied for variances from the City Code for the property
addressed 1760 Shadywood Road and legally described as:
Lot 17, SHADY WOOD, Hennepin County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-350 to allow a new 2nd story addition to be
constructed 5.3 feet from the property line, above the home, where a 7.5-foot setback is
required; and
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Section 78-1279 to allow a new 2nd story addition to encroach 2.5 feet lakeward of the average
lakeshore setback line over the existing footprint; and
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Section 78-1279 to allow a new 2nd story addition to encroach approximately 2.5 feet into the
75-foot lake setback over the existing footprint; and
WHEREAS, the Applicant has made an application to the City of Orono for a variance to
Section 78-1700 to permit 27.7% hardcover where 25% is permitted and 29% currently exists,
to construct an addition to the home and reconfigure the sidewalk and driveway hardcover; and
WHEREAS, on September 16, 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 September 16, 2024, the Planning Commission voted 4 to 2 in favor of
approval of the variances as proposed; and
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,LO.tO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7521
4kESHOw'
WHEREAS, on October 14, 2024, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff; and
WHEREAS, on October 14, 2024, the City Council voted 5 to 0 to approve the requested
hardcover variance conditioned upon the addition of a required driveway turnaround under City
Code Section 78-1681 and directed staff to prepare findings for approval of the hardcover
variances.; and
WHEREAS, on October 14, 2024, the City Council voted 5 to 0 to deny the requested
setback variances and directed staff to prepare findings for denial of the setback variances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested variance allowing 27.7% hardcover on the property conditioned
upon the addition of a required driveway turnaround; and denies the requested setback
variances as described above based on one or more of the following findings of fact concerning
the Property:
FINDINGS OF FACT:
Al. The analysis contained within staff memos and the exhibits attached to the aforesaid
memos, all minutes from the above-mentioned meetings, and any other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District.
A3. The Property contains 0.25 acres in area and has a defined lot width of 64 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 the following variances:
a. Hardcover Variance
b. Side Yard Setback Variance
c. Lake Setback Variance
d. Average Lakeshore Setback Variance
A6. 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
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OO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tie No. 7521
t.,14tEStiolL4
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 permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ."
The requested setback variances to construct a second story over the existing home that
encroaches into the side property line, the lake setback and the average lakeshore
setback are not reasonable as the massing and shadowing effect resulting from the
increased building mass/height in the substandard setbacks will exacerbate the existing
condition. This criterion is not met.
Conversely, the variance requested to permit 27.7% hardcover as part of the project
which results in a decrease in the nonconforming hardcover is supported by practical
difficulty. This criterion is met.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."
The setback variances to permit the second story to increase the volume of the home
within substandard setbacks will adversely impact the neighboring property to the north
and therefore would be inconsistent with the comprehensive plan. This criterion is not
met.
The hardcover reduction from 29% to 27.7% is consistent with the goals of the CMP and
would be a benefit of the project. This criterion is met.
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
Applicant's request to permit an upward expansion of the existing nonconforming
footprint within the side,75-lake, and average lakeshore setbacks is not
reasonable as there is an adequate building envelope available.
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BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti� �• NO. 7521
l`�XESH00'
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The lot size, hardcover level, and the location of the
existing improvements on the Property were not created by the owners; and
c. The variance, if granted, will not alter the essential character of the locality. The
requested variances will result in the home being out of character with the
neighborhood based on the scale and proximity to the northern lot line and the
lake. The new encroachments resulting from the second story of the home will
create additional massing resulting in further reduction in access to sunlight for
the northern neighbors and may alter the character of the locality. This criterion is
not met. The proposed hardcover reduction provides a benefit to the lake and
will move the Property closer to hardcover compliance.
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 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.
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 a residential home is an allowed use in the LR-1 C
District.
B7."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.
88."The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."
The lot size, home location, and hardcover level are existing conditions that are not
uncommon in the immediate neighborhood.
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ONE CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y �• NO. 7521
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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 home and the hardcover level are existing conditions that are not
unique to the Property.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."
Substantial property right is provided by the principal structure. The proposed upward
expansion of the existing nonconforming home into the side, lake, and average lakeshore
setbacks is not a right, however, the Property has a reasonable building envelope that will
support the project in a conforming location. Expanding the home into a setback area with
the proposed hardcover level is not a right. This criterion is not met. The Applicant has
indicated that the proposed hardcover variance resulting in a reduction of hardcover 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 variances to expand the mass of the home within the setbacks is
contrary to the intent of the zoning chapter; the reduction in hardcover is in line with the
goals of the ordinance.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."
The currently requested variances are not necessary and will merely serve as a
convenience to the owner.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby denies the
following:
• A variance to Section 78-350 to allow a new 2nd story addition to be constructed 5.3 feet
from the property line, above the home, where a 7.5-foot setback is required; and
• A variance to Section 78-1279 to allow a new 2nd story addition to encroach 2.5 feet
lakeward of the average lakeshore setback line over the existing footprint; and
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O.t�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiG� NO. 7521
`�"ESHO
• A variance to Section 78-1279 to allow a new 2nd story addition to encroach
approximately 2.5 feet into the 75-foot lake setback over the existing footprint; and
Further, based upon one or more of the above findings, the Orono City Council hereby
GRANTS A HARDCOVER VARIANCE from Orono Municipal Zoning Code Section 78-1700 to
permit 2,995 square feet or 27.7% hardcover where 25% is permitted and 29% currently
exists, to construct an addition to the home and reconfigure the sidewalk and driveway
hardcover, subject to the following conditions:
C1.Council approval is limited to the hardcover variance and is based on the entire
record and, the above Findings.
C2.The approved project shall conform to all zoning requirements. Any portion of the project
which is not in conformity with City codes may require further Planning Commission and
City Council review.
C3.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 (October 28, 2025).
C4.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 28th day of October, 2024.
CITY OF ORONO:
ifet41141P
Dennis Walsh, Mayor
ATTEST. '
C risti usia , Clerk
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