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Home My WebLink AboutLA19-000048 (2967 Casco Pt Rd) VAR Ex A Resolution with Exhibit CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350,78-1279, 78-1700 FILE NO. LA19-000048 WHEREAS, on July 1, 2019, Premium Constuction LLC, (“Applicant”), applied for a variance from the City Code for the property addressed 2967 Casco Point Road and legally described as: ________________________________________ (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 for lot area and lot width to allow the development of an undersized lot; and 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 home to be built forward of the average lakeshore setback ; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow for hardcover to exceed 25% to 29.5%; and WHEREAS, on July 15, 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 July 15, 2019, the Planning Commission recommended approval of the variances; and WHEREAS, on August 12, 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 variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 1. This application was reviewed as Zoning File #LA19-000048. 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 0.48 acres in area and has a defined lot width of 78 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 variance[s]: a. Lot Area b. Lot Width c. Average Lakeshore Setback d. Hardcover 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 variances are in harmony with the purpose of the Ordinance. The lot includes difficulties in its substandard size and width, and location of adjacent homes. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to develop a nonconforming lot of record 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 The request to permit construction of the home on the substandard lot, exceeding 25% and average lakeshore setbacks, appears to be reasonable as the property’s nonconforming size, the neighboring homes’ orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level decreases overall from existing levels and the home is set to meet all other setbacks. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The nonconforming lot size and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level will decrease with the new proposed plan. The circumstances are unique to the property; and c. The variance, if granted, 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 according to the submitted information. 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 residential 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. 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 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 area, lot width, average lakeshore and hardcover 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 hardcover, lot area, 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, lot area, and average lakeshore set setback are necessary, and do not merely serve as a convenience to the applicant. 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 78-350, 78-1279, 78-1700 to allow the development of a single family home, 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 with revision dated June 30, 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 (August 12, 2020). 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 ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor