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Home My WebLink AboutLA20-000058 (2697 Casco Pt Rd) Ex A Resol CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-1288; 78-1680; and 78-1700 FILE NO. LA20-000058 WHEREAS, on August 19, 2020, Mark Enger and Mary Enger (“Applicants”), applied for a variance from the City Code for the property addressed 2697 Casco Point Road and legally described as: Lot 4, Auditors Subdivision 265, 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 Sections 78-1288 and 78-1700 to allow 25.7% hardcover where 25% is the maximum allowed in conjunction with the installation of a 10’x10’ driveway backup apron and 43 square feet of unaccounted for hardcover; and WHEREAS, on September 21, 2020, 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 21, 2020, the Planning Commission recommended approval of the variance; and WHEREAS, on October 12, 2020, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000058. 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 One Family Lakeshore Residential Zoning District. 3. The Property contains 20,509 square feet, 0.47 acres in area and has a defined lot width of 60 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: a. Hardcover Variance 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 proposed variance is in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its slope, small size and depth, and unique configuration with the driveway easement and Casco Point Road. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The hardcover variance is requested to alleviate a difficulty on the Property relating to the slope, narrowness of the lot, and depth of the lot, and the Owners’ safety concern relating to the challenging driveway configuration which is not inconsistent 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 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 variance request to allow expansion of the driveway hardcover may be reasonable and may be supported by the practical difficulties found in the restricted maneuverability which results from the narrow width and orientation on the Property in addition to the steep access to the elevated, highly trafficked roadway is not unreasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. A number of the difficult characteristics of the Property were not created by the owners: depth and narrowness of the lot; shared driveway access to the busy roadway; and topography. c. The variance, if granted, will not alter the essential character of the locality.” The minimal hardcover variance is requested to provide better maneuverability on the driveway and it will not alter the essential character. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance analysis. 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 a driveway serving a residence 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 sloped topography, lot width and depth, and shared driveway situation are particular to this property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The street adjacent to this lot is at a substantially higher elevation than the home. The slope conditions and orientation of the access to the busy roadway do not generally apply to the other properties in the LR-1C district. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The owners indicate that granting the hardcover variance is necessary for safe egress from the Property which preserves their property right. 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 a hardcover variance to allow for a safer driveway in this situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The practical difficulties inherent to the lot’s topography, narrowness and depth, and limited shared driveway access to the high traffic roadway support the variance. The granting of the variance would alleviate safety concerns for the owners, rather than convenience. This criterion is met. 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 78-1288 and 78-1700 to allow 25.7% hardcover where 25% is the maximum allowed, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the annotated as-built survey dated 06/19/2019 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 zoning permit for the new driveway paving and commencing construction of said project. The paving must be completed within one year of the date of Council approval, or the variance will expire on that date (October 12, 2021). CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 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 12th day of October, 2020. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor pr o p o s e d 10 ' x 1 0 ' b a c k u p p a d