HomeMy WebLinkAbout17-3992 Recorded ResolutionSCA D 01.5-S ~ {!_,O ~~
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Doc No A10529857
Certified, filed and/or recorded on
Feb 20 , 2018 8 :01 AM
Office of the Coun ty Recorder
Hennepin County , Minnesota
Martin McCormick , County Recorder
Mark Chapin , County Auditor and Treasurer
Deputy 59 Pkg ID 1658399E
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 OF THE CITY COUNCIL
6 8 2 9 NO. ________ _
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. 18-3992
WHEREAS, on December 1, 2017, on behalf of the property owner, Revolution
Design and Build (hereinafter the "Applicant"), applied for a variance from the City Code for the
property addressed 3155 Casco Circle and legally described as:
Lot 38 and 39, SPRING PARK, and all that part of adjacent Vacated Lake Shore Avenue,
and of the tract of land lying between said Vacated Lake Shore Avenue and the
shoreline of Lake Minnetonka, which lies between the southerly extension of the west
line of said Lot 39, and of the east line of said Lot 38, Hennepin County, Minnesota
(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 for the construction of a deck
within the average lakeshore setback; and
WHEREAS, on January 16, 2018 , the Planning Commission opened a public
hearing and recommended approval of the variances; and
WHEREAS, on February 12, 2018, after publ ished and mailed notice in accordance
with Minnesota Statutes and the City Code, the City Council continued the 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 12, 2018, 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 variances as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. Th is application was reviewed as Zoning File #18-3992 . The analysis contained w ithin
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
CITY OF ORONO
RESOLUTION OF THE CI1Y COUNCIL
6 8 2 9 NO .---------
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-1C One Family Lakeshore Residential Zoning District.
3. The Property contains 0.69 acres in area and has a defined lot width of 123' feet at the 75
foot lake yard setback.
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 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 proposed deck wlll be slightly taller than the
previous deck but is proposed to have a smaller encroachment of 11 '6" into the
average lakeshore setback. The applicant has worked to mitigate the encroachment
by proposing a deck that does not encroach as much compared to the previous
deck. The deck will not Interfere with the sightlines of the neighbors meeting the
intent and purpose for the average lakeshore setback with Is a sightline setback for
the lake. This criteria 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 a deck
in a residential zone are consistent with the Comprehensive Plan. 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
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6 8 2 9 NO·------~--
owner proposes to install Improvements which are residential in nature and
reasonable from a resldential scope. This criterion is met.
b . The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The neighboring home to the east Is set back further from the lake than
most of the surrounding homes resulting In the unique 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." .
It does not appear that the requested average lakeshore setback variance
to permit the deck will adversely impact views of the lake currently enjoyed
by the adJc\cent property owners. 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-1C Zonlng ·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 property abuts Lake Minnetonka with
both abutting neighbors setback over 130 feet from the lake. The proposed deck
is angled away from the neighboring homes as to not Interfere with the sightline
of the lake. 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 subject house if located closest to the lake In the area of Casco
Circle, which gently curves. This criterion Is met.
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CITY OF ORONO
RESOLUTION OF TIIB CI1Y COUNCIL
6 8 2 9 NO.-------'---
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The applicant states that the variance is
necessary. A deck lakeward of the home is a customary improvement In this area.
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.
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12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." The topography and location of the
adjacent home to the east create practical difficulties affecting the Property; The
applicant was working within the footprint of the existing encroaching deck but Is
slightly taller creating a new encroachment; the variances are necessary and not
merely serve as a convenience to the owners.
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 78-1279 to allow the construction of the 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 survey dated 11/08/2017 submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibit A.
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 construction
and commencing construction of said project. An inspection must be completed within
one year of the date of Council approval , or the variance will expire on that date (February
12 , 2019).
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 .
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
N0. __ 6~8 ~2~9-
ADOPTED by the Orono City Council on this 12th day of February, 2018.
ATTEST: CITY OF ORONO:
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Anna Carlson, City Clerk Dennis Walsh, Mayor
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STATE OF MINNESOTA )
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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 February 12, 2018 with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 14th day of February 2018.
(seal)
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