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HomeMy WebLinkAboutLA19-000095 2927 Casco Pt Rd VAR Ex A Resolution CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE AND AN INTERIM USE PERMIT FROM MUNICIPAL ZONING CODE SECTION 78-1279, 78-350, AND 78-1726 FILE NO. LA19-000095 WHEREAS, on November 7, 2019, Gordon James o/b/o Michael Barry (“Applicant”), applied for a variance from the City Code for the property addressed 2927 Casco Point Road and legally described as: Lots Ninety-five (95) and One Hundred Six (106), and including that part of Lake Shore Avenue vacated lying across said Lot Ninety-five (95), Spring Park, according to the map or plat thereof on file and of record in the office of the County Recorded in and for said County of Hennepin and State of Minnesota. (hereinafter the “Property”); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow an average lakeshore setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to from the lot width requirement and WHEREAS, the Applicants have made application to the City of Orono for an interim use permit to Orono Municipal Zoning Code Section 78-1726 to allow for hauling over 500 cubic yard of material; and WHEREAS, on November 7, 2019, 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 November 18, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on November 18, 2019,, 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 and interim use permit 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 #LA19-000095. 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. 3. The Property contains 0.57 acres in area and has a defined lot width of 51 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 variances and an interim use permit: a. Average lakeshore setback b. Lot width 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. VARIANCE ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its substandard width and location of the adjacent homes. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop of nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of a new home on a substandard lot forward of the ALS appears to be reasonable based on the neighboring home’s orientation with respect to the lakeshore. b. There are circumstances unique to the property not created by the landowner; The nonconforming lot width and neighboring home location were not created by the homeowner; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood. 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 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 property’s substandard size and orientation and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot width and average lakeshore variances are necessary for the preservation of the property right of the applicant. 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 lot width and average lakeshore setback variances in this unique 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 requested variances for lot width and average lakeshore set setback are necessary, and do not merely serve as a convenience to the applicant. INTERIM USE PERMIT ANALYSIS: 1) The use will meet the general performance standards in section 78-916 of this chapter; the proposed grading will conform to the standards within Section 78- 916 of the Zoning Code. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 2) The use is allowed as an interim use in the applicable zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 600 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. Trucks hauling material shall observe the speed and traffic laws and provide on site traffic control to improve safety. 6) The use will not impose additional unreasonable costs on the public; the property owner, builder, and contractors will be responsible for keeping debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property. An as-built survey will be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented as required. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance and interim use permit to Orono Municipal Zoning Code Section78-1279, 78-350, 78- 1726 to allow for a new home construction, 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 8/14/2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits 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 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 (12/9/2020). 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 ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor