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HomeMy WebLinkAbout#6117-variance/CUP-2012 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW LAND ALTERATION AND A VARIANCE TO PERIMT A SINGLE FAMILY DWELLING ON A SUBSTANDARD SIZED LOT AT 125 TURNB AM ROAD FILE NO. 12-3539 O O O CI'T'Y of ORONO �Aq RESONUOTION OF 6 1 CITY COUNCIL G t�kESII04� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW LAND ALTERATION AND A VARIANCE TO PERMIT A SINGLE FAMILY DWELLING ON A SUBSTANDARD SIZED LOT AT 125 TURNHAM ROAD FILE NO. 12-3539 WHEREAS, Anthony and Surya Rochel (hereinafter the "Applicants") are the owners of two adjacent properties generally located at 125 Turnham Road within the City of Orono (hereinafter the"City") and legally described as follows: EXISTING 'LEGAL DESCRPTIONS ( To, Be. Combined) The South 2,65 feet of the West Quarter of the Ntsrtheasl Quarter of the Southwest Quarter of the Sodtheast .Quarter of Section 31,, Township '118 North, Range 2<3 West of the 5th Principal Meridian. ALSO The South 765 feet of the East Hatf of the West Half o>f the Northeost .Quarter of the Southwest Quarter of the 'Southeast Quarter of Section .31, Township 118 North, Range :23 West of the 5th Princ.pnl Meridian, (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit to allow for land alteration activities pursuant to Zoning Regulations, Article V, Division 3, Subdivision II. Land Alteration; and WHEREAS,the Applicants have also made application to the City of Orono for a variance to allow for construction of a single family home on a substandard lot in the RR-lA zoning district pursuant to Section 78-72(b)(3) and its subsections. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3539. 2. The property is located in the One Family Rural Residential Zoning District (RR-lA) which requires a minimum lot area of five (5) acres. O O CITY of ORONO A► RESOLUTION OF THE CITY COUNCIL NO. 6 1 1 7 ��kESH0 3. The applicants are proposing to alter the existing natural grade of the property by relocating approximately 2500 cubic yards of dirt existing on the Property. 4. The Planning Commission reviewed this application at a public hearing held on January 17, 2012 and unanimously recommended approval of the requested variance based on the following findings: a. Residential use of the property is appropriate given the existing use, the comprehensive plan and zoning allowances. b. The request to continue using the land for residential purposes is a reasonable request that would otherwise be prohibited by official controls. c. The applicants were not responsible for the nonconforming lot size, and will be improving the situation by combining adjacent lots as a condition of approval. d. The use of the property will not be changing and therefore will not alter the essential character of the locality. e. The applicants are not proposing to construct a home solely for economic considerations. f. The small size of the lot within the five (5) acre district is a unique circumstance not generally applicable to nearby properties. g. Approval of the variance is necessary for the preservation and enjoyment of the applicants' right to use the property for a single-family dwelling. h. Allowing the site to continue to be used for single-family purposes will not impair the health, safety or morals of the community. i. Granting of the variance is necessary to alleviate a demonstrable difficulty (e.g. a replacement home cannot be built without the approval). 5. The Planning Commission reviewed this application at a public hearing held on January 17, 2012 and also unanimously recommended approval of the requested conditional use permit based on the following findings: a. The intended use of the property is supported by the comprehensive plan. b. All necessary plans for the proposed fill were provided to engineering for review and analysis, and only clean fill will be used in conjunction with this project. c. The property is and can be adequately served by well and septic, and the proposed grading is not expected to generate excessive demand for any public service at public cost. Page 2 of 5 � O� O O CITY of ORONO +� ti RESOLUTION OF THE CITY COUNCIL NO. _-b 1 1T ��kESH0 d. Potential maximum building heights atop the new proposed grade will be substantially similar to existing conditions as the proposed grading is located on the low-end of the property ensuring the surrounding wooded slopes will continue to mitigate visual impacts from off-site thereby keeping the property compatible with the surrounding land uses both now and into the future. e. The distance separating potential building sites and the nearest neighboring homes shows that the new grade will be compatible with the surrounding land uses both now and into the future. f. The character of the area will not be impacted as proposed grades will tie into existing grades on neighboring properties and will prepare the site for use by a new single-family home which is compatible with surrounding land uses. g. The proposed building pad will acconunodate a home at an elevation and style that is compatible with adjacent lands. h. Tree removal which will result from the proposed land alteration activities is a permitted impact, and is therefore not in conflict with the requirements to minimize environmental impact and providing screening from surrounding uses. i. The proposed land alteration will not generate nuisances, and the plans approved by the engineer adequately address erosion and wetland concerns. j. The proposed land alteration will not generate excessive non-residential traffic or lighting directed onto neighboring properties. k. The proposed land alteration do not include aspects counter to public health, safety or welfare. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. 7. The City Council finds that the Applicants' requests would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to allow construction of a single-family dwelling on a substandard lot and a land Page 3 of 5 O� O O CITY of ORONO A � RESOLUTION OF THE CITY COUNCIL NO. C ��kESH0 alteration conditional use permit to allow alteration of the existing natural grade in compliance with the submitted plan sets, subject to the following conditions: 1. Council approval is based on the plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Both lots owned by the applicants shall be combined prior to any land alteration activities occurring on the site. 3. All fill being used on the site shall meet the City's definition of clean fill. 4. The City Engineer shall be allowed to inspect any fill being brought to the site prior to it being deposited. 5. The applicants shall work with the City Engineer to locate and install protection around the potential septic areas to insure they are not impacted and compacted during the fill activities. 6. The applicants shall confirm with the City Engineer acceptable hours of operation, and provide documentation on the route being used by trucks to bring fill to the site (if applicable). 7. If fill is being brought to the site,the City Engineer shall inspect the roadways prior to and following completion of the work to determine whether unnecessary impacts have occurred. 8. The applicants shall work with the City Engineer to determine what improvements must be made, if any,to the culvert under the driveway to ensure it functions properly and protects against damages to both this site and neighboring property. 9. The City Engineer shall review the condition of the driveway before and after the work, and any damage shall be addressed by the applicants. 10. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer. 11. The existing home on the property shall be removed prior to issuance of a certificate of occupancy for the new home. 12. The conditional use permit shall expire one year from the date of resolution if the use is not established; City Council approval will be required for any subsequent extension. Page 4 of 5 R O� O O CITY of ORONO Ar RESOLUTION OF THE CITY COUNCIL �� Gtiti NO. 6117 ��kES�I0 The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adoptedby the Orono City Council on the 27 day of February, 2012. a �y r, ATM�T �+ L � e `City Clerk Lili Tod McMillan, Mayor c Prope Owner(s) Prope er(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 10 day of rt , 2012 by Anthony Rochel, husband of Surya Rochel. BARBARA G.SILUS NOTARY PUBLIC-MINNESOTA res Jan.31,2013 h� My Commission Expi Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this D day of rte , 2012 by Surya Rochel, wife of Anthony Rochel. i «� BARBARA G.SILUS NOTARY PUBLIC-MINNESOTA otary Public My Commission ExO res Jan.31.2013 Page 5 of 5 Resolution . 6,rfrr Nn 'ONOYO Exhibit A ,r,71 ND VQ 'GY n VHNYnl IS3G 3LIS 'k YX WRACK, Is �IR 1". K c may, Zia Zt IR .2 O it lit 6 LIR 1R 2 zi IlkQg STATE OF MINNESOTA ) ss 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 February 27, 2012 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Assistant and the Corporate seal of the City this_ p day of � , 2012. — =;��1, •....,. C�� p Monica A Fadness, Admin Assistant a t a : ,1�`1''seza '•. ,� City of Orono tF w� i l l U M ��- Doc No A9777643 Certified, filed and/or recorded on 4/17/12 12:00 PM Office of the County Recorder Hennepin County, Minnesota Rachel Smith, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 22 Pkg ID 795508M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.