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Home My WebLink About7265 Recorded ResExisting Cents 1455993 LAND TYPE Torrens (T) DOC NUM 5944547 Certified, filed and/or recorded on May 13, 2022 1:24 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 175 Pkg ID 2442232E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION Or THE CITY COUNCIL NO.'7265 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO, LA21-000076 WHEREAS, on January 18, 2022, Yardscapes o/b/o Christian Harker (Applicants"), applied for a variance from the City Code for the property addressed 1720 Bohns Point Road and legally described as: Tract A, Registered Land Survey No. 1855 (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of a retaining wall within the lakeyard and WHEREAS, on February 22, 2022, 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 February 22, 2022, the Planning Commission recommended approval of the variance; and WHEREAS, on March 14, 2022, the City Council reviewed the application and directed the applicant to amend their plans WHEREAS, on April 11, 2022, the City Council reviewed the application directed the application to clarify the existing conditions of the current retaining wall; and WHEREAS, on May 9, 2022, 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: CITY OF ORONO RESOLUTION or' THE CITY COUNCIL NO.7265 1. This application was reviewed as Zoning File #LA21-000076. 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-1 i3 Zoning District, 3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 4, Applicant has applied for the following variance: a. Retaining walls within the 75 foot lakeyard 5. 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, The variance is in harmony with the general intent and purpose of the Ordinance. Preserving and protecting the existing slope in the lake yard is in harmony with the intent of the ordinance. The proposed retaining walls are of natural materials and will be screened with vegetation to maintain the rural nature of the lake. 2, The variance is consistent with the comprehensive plan. The proposed retaining walls are protecting the slope on the property consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The owner proposes to Install retaining wall improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The owner has proposed retaining walls as a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner. and c. The variance will not alter the essential character of the locality The variance to permit retaining wall structures within the 75-foot setback will help to maintain the existing slope and character of the area. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7265 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. 17, 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 single family home is an allowed use in the LR-113 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 slope of the property combined with the pre-existing improvements is a unique condition to the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property's specific slope and existing improvements are creating conditions which do not apply to adjacent properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting a lake setback variance to allow the retaining walls within the 75-foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 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 lakeyard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. 12, The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location of the slope in the lakeyard does not support another, conforming location for the retaining wall. 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 Section 78-1379 to allow reconstruction of retaining walls within the lakeyard, 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 dated 4/5/2022 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7265 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 must happen within one year of the date of Council approval, or the variance will expire on that date (05/0912023). 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 _ day ofM20� ATi ST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor p io f i9.1E- .-w..��Og- 2,y-6-1e.7u ets) / ev ., EXISTING CONDITION SURVEY Resolution wrrx PROPOSED RETAINING WALL FOR: YARDSCAPES, INC, N z, t. SCAtE UI FER IFFENU a nw iY=r E . 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PRvWN UNPSU�ff��'EYWG.iIfC. _ 1,..»., _ r� ewd6(T7kOftrl•(.FltG4auet �=17x/23 f� a.._..___."_.,-.,...,u..,_.._._. ..�•�1�:,�.J � $ auwo.n.ox,wwown.new{eu will CC ykki'' ftS+f jSEil .. � % � r� i =scer� ynca +F xg s�T4 S�ei�fa T a cfl i s =Yap s•a ; � 4 a�Bi?� Q ti t r g ra iat. 3 6 i si�easan uni, �,r, o �� il�Ci1i33ds!4�6 �66 SY•��•c 7 � CAI � 1 's 5��:d `� Ti � r»--hs—.•r" --- � I( UO r q y �—i K r r$ I! 4 Ff zv �9 _ F t3' � �`y•�� r e Ir �t3. is r N 4 d ii z d 'a o s H`• yd""i. _ 4 i OFF � •y • a " Sinc., � 3 / mum V J11 : J € T'`s4 ��#Rat •{ � \`�„a�{�� t �s ir'e� �ph ! r �( .�� 3� ��`� _' ' r ;q, - r r 9 �!. � �ce>fe s< H � i•�fsj i IF %Fzi � 32' � 3�` ` '; i 1i �• �90 Ri(T • s •�� @ F !i ttp iti �` 4 .� � f'3� s �i /! ip iF�Z.. $ a 3 MUM �.R lit, �. �.fT `�Y `{ a t F 11 §y & ! S 9 i � �Ei��{i{i f a ga `,—,�—;�+�, � f1i1 ! i 1 Pii<.Isl ! j fir s sf19 , J Aid . $p4 CC �.i' J i��• Fy y .y �iSe3eE i U E 2� '1 y€ ��.;- p�'" ' : �•• � sg � � I a � �i� F3 S�S � E � g ty?3��ll�E°fFE�° S eol 41 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN } The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing Resolution adopted at the meeting of the Orono City Council on May 9, 2022 with the original thereof on file in my office, and the same is a correct transcription thereof. NV-ITNESS my hand officially as such City Clerk and the Corporate seal of the City this I Oth day of May, 2022. Anna Carlson, City Clerk (seal)