HomeMy WebLinkAboutResolution 6830 Doc No A10529856
Certified, filed and/or recorded on
Feb 20, 2018 8:01 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 58 Pkg ID 1658400E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
01114e,
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6830
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. 18-3993
WHEREAS, on December 1, 2017, on behalf of the property owner, Michael Hayes
(hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed
684 Tonkawa Road and legally described as:
The Southeasterly Half of Lot 5, and the Northwesterly Half of Lot 6, EXCEPT the
Northwesterly 15.00 feet of the Southeasterly Half of Lot 5, Patten's Point First
Division, 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 for the construction of a deck
within the average lakeshore setback; and
WHEREAS, on January 16, 2018, the Planning Commission opened a public
hearing and recommended approval of the variances; and
WHEREAS, on February 12, 2018, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the City Council continued the public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon; and
WHEREAS, on February 12, 2018, 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 #18-3993. 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.
-cLOATp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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NO.
6830
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2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District.
3. The Property contains 0.68 acres in area and has a defined lot width of 87 feet at the 75
foot lake yard 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 variances:
a. Average Lakeshore Setback Variance
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 proposed deck addition will add 7 feet on the
living room deck creating a 96.9 foot setback from the lake and the master bedroom
deck will add 3.75 feet to the existing deck creating roughly 105 feet setback from
the lake. The deck will marginally interfere with the sightlines of the neighbors
meeting the intent and purpose for the average lakeshore setback with is a sightline
setback for the lake as the most impacted neighbor, to the north is blocked by the
corner of the house, this neighbor would see only the new deck. This criteria is
met.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The variance resulting in a permit for construction of a deck in
a residential zone are consistent with the Comprehensive Plan.This criterion is met.
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
owner proposes to install Improvements which are residential in nature and
reasonable from a residential scope. This criterion is met.
2
�ONp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6830
lgkEs Hos‘-``
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
most of the surrounding homes resulting in the unique average lakeshore
setback applied to the Property This criterion is met
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 the deck will adversely impact views of the lake currently enjoyed
by the adjacent property owners.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 the use for improvements to a
residential structure is an allowed use in the LR-1B Zoning 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 abuts Lake Minnetonka with
the abutting neighbor to the north sits behind the footprint of the home creating
an angled average lakeshore setback which is unique to the 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 shape of the lot with the angled average lakeshore setback line
and a curved shoreline is unique to this lot. 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 applicant states that the variance is
necessary. This criterion is met.
3
1-35;(1CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
6830
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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;
nor will it be contrary to the intent of the Code.
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 and location of the
adjacent home to the north create practical difficulties affecting the Property
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 the construction of the deck
within the average lakeshore 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 survey dated 12/21/2017 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 construction
and commencing construction of said project. An inspection must be completed within
one year of the date of Council approval, or the variance will expire on that date (February
12, 2019).
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 February, 2018.
ATT T: CITY OF ORONO:
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Arra Carison, City Clerk Dennis Walsh, Mayor
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