HomeMy WebLinkAboutResolution 6997 11 11 1 11 11 III I I 11 II
Doc No A10678127
Certified, filed and/or recorded on
Jul 11, 2019 2:57 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 102 Pkg ID 1843841E
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. 6997
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A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1700
FILE NO. LA19-000036
WHEREAS, on June 6, 2019, Brent Teele ("Applicant'), applied for a variance from
the City Code for the property addressed 577 Park Lane and legally described as:
Lot 12, Block 6, Minnetonka Summit Park (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1700 to allow 34.43% hardcover; and
WHEREAS, on June 17, 2019, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council 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 June 17, 2019, the Planning Commission recommended approval
of the variance; and
WHEREAS, on July 8, 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 #LA19-000036. 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 LR-1 B Zoning District.
3. The Property contains 0.21 acres in area and has a defined lot width of 50 feet.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
s� NO. 6997
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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:
a. To allow hardcover to exceed 25% to 34.43%
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. The variance is in harmony with the general intent and purpose of the Ordinance. A single
family home in the LRAB following the intent of the ordinance.
2. The variance is consistent with the comprehensive plan. The requested variances are
in line with the residential goals within the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; The applicant is proposing to create a more
conforming structure with the proposed addition. The proposed garage
addition by maintaining the same level of hardcover is reasonable for the
substandard property.
b. There are circumstances unique to the property not created by the landowner; The
lot area, lot width, the existing garage proximity, and orientation to the
property line are special conditions unique to the Property. The location of
the existing garage does not conform to current setback requirements. The
new proposed garage structure will conform to current setback
requirements. Additionally, the new proposed site plan will reduce the total
existing hardcover, and
c. The variance will not alter the essential character of the locality. The decrease of
hardcover, though above allowable limits, appears generally consistent with
neighboring properties.
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
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6997
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located. This condition is not applicable, as the use for a single family home is an
allowed use in the LR-1B 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 is substandard per the City
Code in size area for the zoning district creating a smaller building envelope
compared to other properties in the LRAB district.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The property is small and narrow in shape with limited building
envelope allowed for the LRAB district.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The applicant is proposing to maintain the
same use of the property but bring the structures more into conformance with the
City Code with the proposed addition and demolishing of existing detached
structure.
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 variance for the home 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 applicant is working to maintain
the same use for the single family home.The applicant has worked through a variety
of scenarios to alleviate the nonconformities currently in existence on the property.
The request to maintain the existing level of hardcover is not out of convenience
but a necessity for the use of 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 78-1700 to allow 34.43% hardcover, 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 June 5, 2019 and 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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6997
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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 (July 8, 2020).
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 day of 20 1q.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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6997
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LEGAL DESCRIPTION Of PREMISES
\ L,t 12,Bock 6,Mirme look,Summit Pork
o denotes iron mwker
\ � (908.37: denotes existing spot Nevati,n,mean sea Ievel datum
denotes exieling contour line, vme�san se,level datum
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Bearings°hoare based upon an d Oat— B/g
This swvey i Td,to show the boundaries of the above described property,the
—tion of an eKlstilg house,shed,garage to be r , d,spot elevations,tapography.
II visible"hardcover,and the proposed la-ti-of a veproposed edition thereon.
It tlaes not purport to show any other improvements or a tteechments. W
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