HomeMy WebLinkAboutResolution 6757Existing Certs
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Doc No T05445497
Certified, filed and/or recorded on
May 18, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 123 Pkg ID 1550886M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6757
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. 17-3927
WHEREAS, on March 15, 2017, Nathan Brandenburg and Beth Brandenburg,
husband and wife (hereinafter the "Applicants"), applied for a variance from the City Code for the
property addressed 825 Forest Arms Lane and legally described as:
Lot 3, Block 2, Forest Arms, 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 construction of a 2nd story
addition to the home lakeward of the average lakeshore setback; and
WHEREAS, on April 17, 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 April 17, 2017, the Planning Commission recommended approval
of the variance; and
WHEREAS, on May 8, 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:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3927. 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 7 5 7
2. The Property is located in the LR -113 Single Family Lakeshore Residential Zoning District.
3. The Property contains 1.26 acres in area and has a defined lot width of 235 feet at the
ordinary high water level and 206 feet at the 75 -foot 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. Average Lakeshore Setback
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 variance is in harmony with the Ordinance as the
properties along the channel generally face the channel frontage and not the lake itself.
Therefore lake views will not be impacted by the proposed addition.
2. "Variances shall only be permitted .. . when the variances are consistent with the
comprehensive plan." The variance resulting in a permit for construction of an addition to
the single family residence 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 request to permit construction over a portion of the existing home lakeward of
the average lakeshore setback appears to be reasonable as the owners of the
adjacent properties have stated that they are not adversely impacted; the entire
home on the Property is located lakeward of the average lakeshore setback line;
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6757
and the mature vegetation and topography separate the Property from the adjacent
neighbors.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The neighboring home to the north is set back further from the lake than the subject
home; the curved channel frontage; and the location of the neighboring homes
closer to the rear/street lot line result in the severe average lakeshore setback
applied to the Property.
c. The variance, if granted, will not alter the essential character of the locality."
It does not appear that the requested average lakeshore setback variance to
permit an addition over a portion of the home will adversely impact views of the
lake currently enjoyed by the adjacent property owners.
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 residence and additions to the
residence are an allowed use in the LR -1 B 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 setbacks of the neighboring homes and
the curved channel shoreline (lake frontage) is not in character with other lakeshore
properties on Forest Lake.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The majority of the homes both to the north and south of the Property are
closer in proximity to the road and are generally in line with each other. The curvature of
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6757
the channel shoreline and the location of the lake proper at the southern end of the channel
are conditions unique to the Property and the immediately adjacent properties.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The home cannot be expanded in any way within
the setback without variances; the applicants state that the variance is necessary.
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." The variance
resulting in an addition to the existing home lakeward of the average lakeshore setback
will not impair health, safety, comfort, or morals. The project is in line with the intent of
the 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 topography, the channel, and location
of the adjacent home to the north create practical difficulties affecting the Property; the
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 to allow construction of a 780 square
foot 2nd story addition to the existing home lakeward of the average lakeshore setback line, subject
to the following conditions:
1. Council approval is based on the entire record.
2. The approved project shall conform to the building plans 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 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 (May 8, 2018).
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6757
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 8t' day of May, 2017.
ATTEST:
Anna Carlson, City Clerk
CITY OF ORONO:
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Dennis Walsh, Mayor
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on May 8, 2017 with the original thereof on file in my
office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 81h day of May, 2017.
Anna Carlson, City Cler
(seal)