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Home My WebLink AboutResolution 7491 variance deck LAND TYPE Abstract (A) DOC NUM 11300596 Certified, filed and/or recorded on Jul 24, 2024 8:02 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 92 Pkg ID 2693546E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. II II IIII III II I II II II 111 LAND TYPE Torrens (T) DOC NUM 6085647 Certified, filed and/or recorded on Jul 19, 2024 4:19 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 87 Pkg ID 2692427E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1424421 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 July 8, 2024. Officially signed as City Clerk of Orono, Minnesota and the seal of the city on July 8, 2024. C e Lusian, Clerk 'WATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 4' ESHOVA A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA24-000031 WHEREAS,on May 22,2024,Peter Eskuche (hereinafter the"Applicant"), applied for a variance from the City Code for the property addressed 3120 North Shore Drive and legally described as: Lot 2, Block 4 and Block 3, Block 2, Crystal Bay Park including vacated View Avenue Adjoining said Lots,according to the map or plat thereof on file and of record in the Office of the Register of Deeds in and for said county,Hennepin County, Minnesota(hereinafter the"Property"); WHEREAS,the Applicant has applied to the City of Orono for an average lakeshore setback variance setback from City Code Section 78-1279 in order to construct a new deck;and WHEREAS,on June 17,2024,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 June 17,2024,the Planning Commission voted 7 to 0 in favor of a motion to recommend approval of the variance as applied;and WHEREAS,on July 8,2024 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 more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File#LA24-000031. 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 materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District. 1 szLpAfp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tie • NO. 7491 G l4KESHnv-‘' 3. The Property contains 81,188 square feet in area and has a defined lot width of 150 feet at the 75- foot lakeshore setback and a lot width of 152 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. Average 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 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.. . ."An average lakeshore setback variance is required for the reconstruction and expansion of the lakeside deck on the property. The current deck abuts the average lakeshore setback line and is proposed to encroach 6.7 feet. The intent of the ordinance is to preserve and protect lake views enjoyed from neighboring properties. The neighboring properties are not impacted by the minor deck expansion as the house is setback over 100 feet from the lake.All other setbacks including the 75-foot lake setback are met. The hardcover on the subject property will continue to be below the maximum of 25%. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance resulting in an expanded lakeside deck is consistent with the comprehensive plan. There have been instances when the City has granted variances from average lakeshore setback when the proposal does not disrupt neighboring views of the lake and is not within the 75- foot setback. The proposed expansion is minor and is not likely to impact any lake views. 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: 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 current deck abuts the average lakeshore setback and any expansion would likely require a variance. The existing deck is shallow and the expansion creates a more 2 1-\v-OAto CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiF NO. 7491 4kt s H osL"` reasonable shaped deck. The proposal preserves the intent of the ordinance by not disrupting any neighboring lake views. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the neighboring homes is out of the control of the homeowner. The applicant is requesting the average lakeshore setback variance to construct an expanded deck to a more reasonable size and shape; and c. The variance, if granted, will not alter the essential character of the locality." The proposed variance resulting in an expanded lakeside deck will not alter the character of the locality.The project will meet the 75-foot lake setback,meet hardcover requirements and limit impact to the neighbors. 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-1B 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 existing position of the property in relation to the neighboring homes is unique. The neighboring properties will not have their lake view impacted by the proposed deck expansion. 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 request is specific to this property as it relates to an existing deck. This criterion is met 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The proposed deck expansion allows the property owner to fully enjoy 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7491 �gKESHG�� the deck and lakeyard. The minor expansion does not negatively impact the neighboring properties or their views of the lake.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 requested variance will not adversely impact health,safety,comfort,or morals of the community. 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."The variance allows for the reconstruction and expansion of a lakeside deck that will encroach 6.7 feet into the average lakeshore setback. The proposed addition will allow the current property owners to fully use and enjoy deck and lakeyard and is a reasonable expansion. This criterion is met. CONCLUSIONS,ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the construction of a deck within 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 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. 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 (July 8,2025). 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. 4 'O.Arp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL c~ NO. 7491 �"txfisxot`�. 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 (July 8,2025). 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. 5 iiLOA/p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL et, NO. 7491 `'kESHOs"c" ADOPTED by the Orono City Council on this 8th day of July,2024. ATTEST: CITY OF ORONO: I -0 Christn, 10 Clerk Dennis Walsh, Mayor 5 Res.7491 Ex.A CERTIFICATE OF SURVEY FOR ESKUCHE DESIGN GROUP IN LOTS 2&3,BLOCK 2,AND LOTS 1&2,BLOCK 4, CRYSTAL BAY PARK HENNEPIN COUNTY,MINNESOTA O�lP •1 ��'� spy0 *41 !�� • \ redo `\ 0 30 60 120 P SCALE IN FEET V °'rljyv' S'0v vv oO° \\ I (N)® \ ..� IN) r 4' / \ ® mot. \ � "a 7 f • R I / J�E O .R �. N. PgGtl tiy a N \ r \ E. $` U '1..`',..., .l 1 \ ,?a ` \ • Q m \ /t5 :AI':owPkoj \`C s7- 1,4,E 2,, rel .:.......... eA a \cool 4�1. li LEGAL DESCRIPTION OF PREMISES: tM� %,,/ `\, W2m Crystal Say Pak Including vacated New / VoPA' VO Avenue asald lae',"so..ip a`me map or Mam.r.a on me end nl I••0,� /I 0 r dIntlre ns M tln Cum,Beards.In and lm Hennepin CNA . -0'1'w ,t i c,se That pea La Pelock 2.end a Lot 1,Nock..M a VI.Avenue end , �p'y. 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