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HomeMy WebLinkAboutLA24-000012 (2700 Casco Point Rd) Draft Resolution 7465 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA24-000012 WHEREAS, on February 21, 2024, Robert Breon (hereinafter the “Applicant”), applied for variances from the City Code for the property addressed 2700 Casco Point Road and legally described as: Lot 14, Block 3, CASCO HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, the Applicant has applied to the City of Orono for lot area and lot width variances from City Code Section 78-350 in order to construct a new single-family home; and WHEREAS, the Applicant has applied to the City of Orono for a front yard and side yard setback variance from City Code Section 78-350 in order to construct a new single-family home; and WHEREAS, on March 18, 2024, 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 18, 2024, the Planning Commission voted 4 to 0 in favor of a motion to recommend approval of the variances as applied; and WHEREAS, on April 8, 2024 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. This application was reviewed as Zoning File #LA24-000012. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 2 3. The Property contains 8,205 square feet in area and has a defined lot width of 49.8 feet. 4. The Property is within Tier 2 and hardcover is limited to 30 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area b. Lot Width c. Front Yard Setback d. Side Yard Setback 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 variances required for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The new home will connect to an existing detached garage on the property that is nonconforming. The existing structure is permitted to remain and be rebuilt per City Code. Making the existing footprint part of the primary building requires a front yard setback of 20 feet instead of the zoning districts requirement of 30 feet and a side yard setback of 2.4 feet when 7.5 feet is required. The existing detached garage is two stories and the proposal includes the expansion of this second story within the setbacks. The applicant has made efforts to pull the enclosed area away from the property lines to minimize impacts to neighbors, however the second story above the garage will be fully roofed. The third story has been pulled back to meet the required setbacks of the district. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot width, and existing conditions present. This criterion is met. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a new single-family home is consistent with the Comprehensive Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting their requests. This criterion is met. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 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 construction of a new single-family is a reasonable use of the property. The proposal will utilize the existing nonconforming detached garage as part of the design and therefore requires front and side yard setback variances. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain the same front and side yard setback and meet all other required zoning regulations. The small lot size, substandard width, and existing improvements are not the result of the current property owner’s actions; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The new home will maintain existing setbacks and update the site with a new modern home design. 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 a residential home is a permitted 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The substandard lot size, substandard lot width, and existing conditions of the property are unique conditions to this specific property. 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 property is smaller in size than most of the neighboring properties. Additionally, the location of the existing structures on the property are unique to the subject property. 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.” The existing detached garage is in a nonconforming location and proposed to remain. The proposal is to connect the existing detached garage to the new home and thus requiring primary building setback variances. Without the approval of the front and side yard setback variances, the applicant would not be able to connect to the existing building. 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 of the community. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances allow for the construction of a new home that is connected to an existing building on site. The new home is designed to meet all other setbacks and restrictions of the zoning district. Without the approval of the front and side yard setback variances, the existing detached garage structure could not be connected to the home. The site is substandard in both size and width and requires a creative design. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350 to allow the construction of a new single family home with exceptions to lot area, lot width, a 20 foot front yard setback and a 2.4 foot side yard 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 attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A & B. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 5 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 (April 8, 2025). 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 8th day of April, 2024. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Christine Lusian, City Clerk Dennis Walsh, Mayor