HomeMy WebLinkAbout#17-3965 Exhibit A Draft ResolutionCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
1
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279, 78-1700, 78-350
FILE NO. 17-3965
WHEREAS, on August 23, 2017, Michael and Vanessa Smith (“Applicant[s]”),
applied for a variance from the City Code and on September 7, 2017 the application was deemed
complete for the property addressed 2665 Casco Point Road and legally described as:
Lot 136, Spring Park, 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 lake yard setback to construct
retaining wall; and
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1700 to allow hardcover which exceeds 25% to 26.33%
or 171.25 square feet; and
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-350 to allow construction of a new single family home
with substandard lot width if 60 feet and lot area 0.29 acres where 100 feet in width and 0.5 acres
in area is required; and
WHEREAS, on September 18, 2017, 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 September 18, 2017, the Planning Commission recommended
approval of the variance; and
WHEREAS, on October 9, 2017 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:
Council
Exhibit A
17-3965
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
2
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3965. 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-1C Zoning District, which requires 1 acre minimum lot
area and 100 feet of lot width, measured at the 75 setback and at the lake.
3. The Property contains 0.29 acres in area and has a defined lot width of 60 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 variance[s]:
a. Lake Yard Setback
b. Hardcover
c. Lot Width
d. Lot Area
6. 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. “Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . .” The lot width and lot area variances requested are
consistent with the general intent of the Ordinance. The lake yard setback
variance for retaining walls within the 0-75 is reasonable and necessary to
address support the permitted stairs which will be set into the grade. The
hardcover variance to allow excess of 25% is reasonable to accommodate the
stair access to the lake.
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 single
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
family residence with lake access stairs in a residential zone are consistent with the
Comprehensive Plan.
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 property owner is proposing to use the site in a reasonable manner by
proposing to build a new home that results in less hardcover then what
currently exists on the site. The property owners are working to use the site
the way it was intended for single family use.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The sub-standard size of the property was not the result of actions by the
landowner. The lake yard setback variance request to add retaining walls
within the 0-75 setback should address the addition of the set-in-grade stairs
which helps to speak to the owners’ stated drainage and erosion issues from
neighboring lots. The neighboring storm water drainage encroachment is
outside of the owner’s control. To gain access to the lake the landowner’s
state stairs are necessary and reasonable. The proposed stairs to lake
access are a reasonable to allow for a hardcover variance for this property;
the applicant is building and designing a new home;
c. The variance, if granted, will not alter the essential character of the locality.”
The lot area and width variances will not alter the character of the
neighborhood; a home previously existed on the property. The lake yard
setback variance and hardcover variance will not alter the 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.
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
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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 a single family home is an
allowed use in the LR-1C 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 substandard lot width and lot area of
the property is not uncommon in the surrounding neighborhood. The stated
drainage issues create increased difficulty for protecting the shoreline of the lake.
9. “The conditions do not apply generally to other land or structures in the district in which the
land is located.” Granting the requested variances will provide relief to the applicant
regarding the lot size and their stated erosion issues within the lake yard on the
property.
10. “The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant.” Granting the requested variances will provide
relief to the applicant regarding the lot size and landowner’s stated erosion issues
in the lake yard 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
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 size of the Property; the stated
erosion issues identified in the lake yard of the property create practical difficulties
affecting the Property; the lot width, lot side, lake yard setback and hardcover
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, 78-1700, and 78-350 to allow a lake
yard setback variance for construction of the new retaining walls within 75 feet of the OHWL; a
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
5
hardcover variance to exceed the 25% limitation by 171.25 feet resulting in 26.3% hardcover; a
lot area and a lot width variance, 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 August 22, 2017, landscape plan
and building plans submitted by the Applicants and annotated by City staff, attached to
this Resolution as Exhibits A, B & C.
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 October 9, 2018.
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.
6. Council has approved the preliminary landscape plan with the proposed screening of the
retaining walls from the lake view noted. Staff will review and approve final landscape
plan for screening when an application for the building permit is submitted.
ADOPTED by the Orono City Council on this 9 day of October, 2017.
ATTEST: CITY OF ORONO:
_______________________________ ________________________________
Anna Carlson, City Clerk Dennis Walsh, Mayor
Exhibit A
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Exhibit B
For Review
08/17/2017 1:27:42 PM
Exhibit C
For Review
08/17/2017 1:27:44 PM
For Review
08/17/2017 1:27:44 PM
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For Review
08/17/2017 1:27:44 PM