09-11-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, August 21, 2017 6:30 o'clock p.m. Gilbert noted this lot is 1.82 acres, which is equivalent to a football field and a half. The proposal is that one of the lots would be fully conforming even without the wetland being taken into consideration. The idea was to have the larger lot near North Arm Drive. Gilbert noted there would be some separation between the two homes because of the slope and that they are also proposing to do some landscaping to create more of a buffer from North Arm Drive. Gilbert noted Section 3C of the report says that less than three of the surrounding lots are one acre or less. Gilbert indicated he went on the Hennepin County website for real estate taxes and that he tried to figure out the size of the lots. Of the 18 lots that are either facing this lot or adjacent to it, nine of the lots are less than one acre and nine of the lots consist of one acre. Gilbert stated in his view creating the two lots would be in conformity with the neighborhood and that everything that will be built will be in compliance with the requirements of the City. The only variance being requested is the lot area variance for the smaller lot. Gilbert stated the other issue he has with Staff's report is that there is a finding that the variance alters the character of the neighborhood, which in his view is an erroneous conclusion. The Minnesota Supreme Court held in 2008 as well as in the mid-1970s that unlike use variances, area variances do not alter the character of the zoning district. Gilbert stated what they are doing here is not altering the use but rather asking for a variance to the size of the lot. Gilbert stated as a matter of law the neighborhood will not be altered. In addition, the City Council just approved another variance. In the Bjerkland variance, the City Council found that single-family use is consistent with Orono's Comprehensive Plan. Single-family use for both of these properties is consistent and in harmony with the Comprehensive Plan. Gilbert noted state law controls the ultimate issue here as it relates to practical difficulties. The statute contains three elements,. The first provision states the use of the property in a reasonable manner not permitted by zoning ordinance. Gilbert stated in his view the proposed use of the property is reasonable and that it will improve the neighborhood. It will also create a sense of community. The second element of the statute says if granted, the variance will not alter the essential character of the locality. Gilbert stated their proposal will not alter the character of the locality since it is not a change in the use.