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HomeMy WebLinkAboutDraft Resolution Revised 052118 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION AMENDING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. 18-3997 WHEREAS, on December 13, 2017, on behalf of the property owner, Ferndale Properties LLC, Rehkamp Larson Architects (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 1300 Bracketts Point Road and legally described as: Lot 4, Rearrangement of Orono Point except that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest corner of said Lot 4, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, on February 12, 2018, the Orono City Council approved Resolution No. 6832 which granted a variance to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the 75-foot lake setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the average lakeshore setback. WHEREAS, the Applicant has requested an amendment to Resolution No. 6832 to allow modifications to the previously approved plans for the 2nd story addition over the garage within the average lakeshore setback resulting in a larger 2nd story and a flat roof; and WHEREAS, on May 29, 2018, the City Council reviewed the request and the recommendations of the City staff; and WHEREAS, the City Council’s decision was based on the following findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby amends Resolution No. 6832 and grants variances from Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the 75-foot lake setback; and a variance to Orono Municipal Zoning Code Section 78-1279 to allow modification of the roof within the average lakeshore setback. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #18-3997. 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-1A One Family Lakeshore Residential Zoning District. 3. The Property contains 3.0 acres in area and has a defined lot width of 320 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. Lake Setback Variance b. Average Lakeshore Setback Variance 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 requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors are situated so that their lake views will not be impacted by the changes to the existing home. The additional mass of the roof areas within the 75-foot lake setback will not be closer to the lake than existing and will not negatively impact the views into the Property from the lake. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a permit for construction of modifications to the residence, without footprint expansions, within the setbacks in a residential zone are consistent with the Comprehensive Plan. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 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 request to permit modification of the roof lakeward of the average lakeshore setback and within the 75-foot lake setback appear to be reasonable as the owners of the adjacent properties previously stated no objection to the plans; the mature vegetation, topography, and home orientation separate the Property from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Based on the curvature of the shoreline, the Property, and therefore the subject home, extends further into the lake than the neighboring properties. Also because of the shoreline curvature, the home to the north is set back further from the lake than the subject home resulting in the severe average lakeshore setback applied to the Property. This criterion is met c. The variance, if granted, will not alter the essential character of the locality.” The requested variances will not result in the subject home being out of character with the neighborhood; will not expand the footprint of the home; or result in additional encroachment into the setbacks toward 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 the use for improvements to a residential structure is an allowed use in the LR-1A Zoning 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The extreme curve of the shoreline results in the average lakeshore setback line encumbering the Property. The proximity of the existing home to the lake is an existing condition setback of the subject home and is generally not in character with the immediate neighborhood. 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 shoreline’s curve results in the extreme average lakeshore setback which encumbers the Property. The proximity of the existing home to the lake is an existing condition; the setback of the subject home is not in character with all of the homes the immediate neighborhood. 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.” Due to the location of the house and the applied setbacks, no improvement which expand beyond the existing footprint and walls of the existing home can be conducted without variances. 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 variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The shoreline, topography, and location of the subject home as well as the adjacent homes create practical difficulties affecting the Property; the variances are necessary and not merely serve as a convenience to the owners. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: The approvals for the additions and modifications to the home stated above are 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 02/17/2017 and building plans dated 12/13/2017, and the amended sheets dated 04/21/18, submitted by the Applicant and annotated by City staff, 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 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 by February 12, 2019, one year from the date of Council approval of Resolution No. 6832, or the variances will expire on that date. 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 14th day of May, 2018. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor