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HomeMy WebLinkAboutResolution 7676 Approving Variance Garage 2405 Dunwoody Ave II I III HI III I LAND TYPE Abstract (A) DOC NUM 11456494 Certified, filed and/or recorded on Apr 21, 2026 4:15 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 194 Pkg ID 2899227E Document Recording Fee $46.00 Document Total $46.00 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 April 13, 2026. Officially signed as City Clerk of Orono, Minnesota and the seal of the city. "-7 its • fi6 stine Lusian, City Clerk �O� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �*IL�.. NO. 7676 •kESH0v� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 6.12.9210 FILE NO LA26-000008 WHEREAS, on February 18, 2026, the property owner, Brent Walton ("Applicant"), applied for a variance from the City Code for the property addressed 2405 Dunwoody Avenue and legally described as: That part of Lot 2, Block 8, Townsite of Langdon Park, described as follows: Beginning at a point in the Northeasterly line of said Lot 2 distant 5.00 feet southeasterly from the Northeast corner of said Lot 2, thence southwesterly parallel with the Southeasterly line of said Lot 2, to the shore of Lake Minnetonka, thence southeasterly along said shore to the Southeasterly line of said Lot 2, thence northeasterly along said Southeasterly line to the most Easterly corner of said Lot 2„ thence northwesterly along the Northeasterly lie of said Lot 2 to the point of beginning, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 6.12.9210 to allow construction of a 24-foot x 24-foot attached garage over existing driveway hardcover, resulting in 32.3% hardcover, where 25% is allowed, and 33.5% currently exists; and WHEREAS, on March 16, 2026, 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 March 16, 2026, the Planning Commission recommended approval of the variance; and WHEREAS, on April 13, 2026, 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: 1 4�ON0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL *1\**-1e,<IkEsH00" NO. 7676 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 all 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 0.3 acres in area and has a defined lot width of 50 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 a hardcover variance to convert non-structural driveway hardcover to structural building hardcover. A6. The proposed garage addition will conform to all zoning setback requirements. A7. 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: B1."Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The hardcover variance resulting in a reduction of legally nonconforming hardcover is in harmony with the ordinance. B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variance results in a reduction of hardcover, which is consistent with the goals within the Comprehensive Plan. 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: 2 MONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y*111°-�,... NO. 7676 'E t- 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 convert the existing hardcover to a home addition while reducing the hardcover percentage is reasonable and is not permitted administratively. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing hardcover level, shape, and size of the Property, and location of the existing improvements were not created by the owner; and c. The variance, if granted, will not alter the essential character of the locality."The variance to permit the construction of a home addition and reduce the overall hardcover level will not alter the essential character of the area. 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 6.12." 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 6.12 for property in the zone where the affected person's land is located." This condition is not applicable, as a residential home addition 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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The existing hardcover level, shape, and size of the Property, and location of the existing improvements are unique to the Property. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The specific conditions do not apply to many of the neighboring properties. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The variance is necessary to preserve the owner's property rights. This criterion is met. 3 -ct0Ar CITY OF ORONO RESOLUTION OF THE CITY COUNCIL et NO. 7676 kESH 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." This criterion is met. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The requested variance is necessary and is not merely a convenience to the owner. 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 6.12.9210 to allow construction of an attached garage resulting in 32.3% hardcover where 33.5% currently exists, resulting in an overall hardcover reduction of 155 square feet, subject to the following conditions: C1.Council approval is based on the entire record, above Findings. C2.The approved project shall conform to the survey dated 09/11/2018 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. C3.Any amendments to the plans that do not conform to City codes may require additional review by the Planning Commission and City Council. C4.Authorities granted by this resolution run with the Property not with the Applicant, 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 (April 13, 2027). C5.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 13' day of April, 2026. ATTEST: CITY OF ORONO: Chris : Lusi ity Clerk Bob Tunheim, Mayor G 4 Exhibit A Resol No 7676 :26-000008 c z o c p'Y �? 1 / m W n �, �_ �a / �i m00W73 c *-1m o /1/ z Z < 0 �Oi1�••/ —�1 coG �.R�jr. ‘ —1 V/ 71 44tS' / > N Os / v i , 410/ 0 .....11 7/ pZZM finkN i �- / in' DO 73 1 -Aid Z / � :\\ 71 ` D IIV C : \ s, ni 1.: A\ i \ sue^ i 1 s 'e F c,6, 0 1 r p pia - ,,� 0 0 \_ .�� / m / i 0 / A < m p ..„...- , y 1 'v ifetrJWI (Al i? 6$ 0: $sl gl c nmoz^Rgaa. v / f a 8 3 19 g s D - z. no --O'er"'—""' -- 6N 8 E €m com 4y 8m J! 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