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Home My WebLink AboutResolution 6952 II II I II II II 111111 II II Doc No A10640554 Certified, filed and/or recorded on Mar 6, 2019 8:21 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 148 Pkg ID 1797225E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� No. 6 9 5 2 G t�'FE5 H�� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1405 (7) FILE NO. LA18-000091 WHEREAS, on October 25, 2018, AJ Helgerson and Jillian Marie Helgerson ("Applicant[s]"), applied for a variance from the City Code for the property addressed 2870 Goldenrod Way and legally described as: Lot 15, Block 4, Orono Preserve(hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section78-1405 (7)to allow an Air Conditioning Unit to be located within the side yard setback; and WHEREAS, on January 22, 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 January 22, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on February 11, 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: 1. This application was reviewed as Zoning File #LA18-000091 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 RPUD Zoning District. 1 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti t G,� No. 6 9 5 2 �kESHO�� 3. The Property contains 0.48 acres in area and has a defined lot width of 64 feet. 4. By virtue of the RPUD zoning designation, the Property is within Tier 4 and hardcover is limited to 50 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Variance 1 Side Yard setback for Air Conditional Units 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 intent of the side yard setback regulation is to provide separation between the A/C unit and neighboring living spaces. The A/C unit is adjacent to one neighboring property that does not have windows that would be negatively impacted. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance does not change a potential land use. 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 ownerin question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The single family home is a reasonable use for the property. The City Council feels that the variance to place the A/C unit in the side yard is reasonable,given the width of the yard. b. The plight of the landowner is due to cir�umstances unique to his property not created by the landowner. The Landowner has no option to put the A/C in the side yard without impacting a drainage and utility easement or the side yard setback. c. The variance, if granted, will not alter the essential character of the locality." 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�t G`,� No. 6 9 5 2 �kESH�� The A/C unit in the side yard is an expected improvement, and its placement within the narrow side yard setback will be imperceptible to the neighborhood character. 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 with an A/C unit is an allowed use in this District. 7. "The board or council may permit as a variance the temporary use of a on�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 City finds that construction of the house setback to setback, and the placement of the windows on the subject and neighboring property suggest the proposed location as the most desirable to prevent noise pollution. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Council finds that the A/C unit was placed by the builder, and did not inform the property owner of the restrictions until the property owner had purchased the building and the lot. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The applicant has stated that granting this variance will improve the enjoyment of the property for the owner and neighbors due to noise abatement and visually. 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 applicant has stated this to be true and noted that the location on the side of the home verses the rear makes the area safer for the children because it is further away from the play area. It would"alleviate the potential of electrocution, dismemberment as well as other potential hazards from high rpm fan blades and 240 volt electricity." 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, ,� No. 6 9 5 2 t�kFSHo4`` � 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The City finds that the A/C unit in the proposed location is the most desired place for the unit. 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 78-1405 (7) to allow an A/C unit in the side yard 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 February 25, 2019 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. The property owners shall acknowledge the existing easement along the property line, and sign an encroachment agreement to be recorded against the property, acknowledging certain conditions of encroachment approval outlined within. 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 25�'day of February, 2019. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 4 u n 3Fin a p a c,.r oV � i�� 9°�'OE � ��$i QO 'o � ^o t� � � a�, � , �m„ o., 0 3p= m a��m; o �� m �' �e � Y� m �' ��z o � a�T�8 � zm$ �<s`��os a • a �� , �-�-- ---- ..00 � �� S� � e o $o � �pe Z'�m <c+``�n � qR r � . 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