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HomeMy WebLinkAboutResolution 6663CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6663 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 FOR PROPERTY LOCATED AT 3580 WAYZATA BLVD WEST - FILE NO. I6-3832. WHEREAS, The City of (hono, (hereinafter the "Owners") are owners of the property located at 3580 Wayzata Blvd West within the City of Orono (hereinafter the "City") and legally described as follows: That part of the Northwest Quarter of the Northeast Quarter of Section 32, Township 118 North, Range 23 West, Hennepin County, Minnesota lying northeasterly of the following described line: Commencing at the North Quarter corner of said Section 32; thence on an assumed bearing of South 00 degrees 32 minutes 12 seconds East along the West line of the said Northwest Quarter of the Northeast Quarter a distance of 165.00 feet to the POINT OF BEGINNING of described Line; thence South 20 degrees 32 minutes 09 seconds East a distance of 400.00 feet along the easterly right-of-way line of Trunk Highway No. 12 (B23 to B16224) per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-162, according to the recorded plat thereof (Document No. 8519996), Hennepin County Records; thence southeasterly along the northerly right- of-way line of Trunk Highway No. 12 (B16224 to 135) per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-163, according to the recorded plat thereof (Document No. 8519997), Hennepin County Records for the following three (3) courses: South 35 degrees 32 minutes 09 seconds East a distance of 500.00 feet, South 55 degrees 32 minutes 09 seconds East a distance of 400.00 feet and South 78 degrees 32 minutes 09 seconds East a distance of 612.72 feet to the East Line of the said Northwest Quarter of the Northeast Quarter and there terminating. Subject to a permanent wetland easement as delineated on said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-163. Subject to easements & restrictions of record, if any.; and Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 666 3 WHEREAS, the Owners made an application to the City for variances to Orono Municipal Zoning Code Section 78-420 in order to allow the construction of fencing with a lake setback of 70 feet where a 150 -foot setback is normally required; and with a wetland setback of 10 feet where a 35 -foot setback is normally required; and WHEREAS, on June 20, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono 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 June 20, 2016, the Planning Commission on a vote of 5-0 recommended denial of the variances as presented; and WHEREAS, on July 11, 2016, the Orono City Council reviewed the application and the recommendations of the Planning Commission and City staff. 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 this property: FINDINGS OF FACT: Al. 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. A2. The Property is located within the RR -1B Single Family Rural Residential District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. A3. The Property is 2 1. 8 acres in area, being 1,700 in width at the Ordinary High Water Line A4. The Owners are planning to construct a series of fences for a planned off leash park. The fences are intended to blend in visually to the environment. These fences are located to avoid impacts to existing trees, topography, and incorporate existing improvements, including some trails. A5. The Owners are requesting a number of variances as a portion of the fence system will encroach into the lake yard on the east side of the property, and into the wetland setback/ buffer area in the south east corner of the property. Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 66 6 3 A6. The Owners have made several modifications to the plan since the Planning Commission review. The wetlands have been delineated, the fences do not encroach into the wetland, the fence has been removed from the buffer area of the wetland in the NW corner of the site. Further, to address concerns given by neighboring properties, the fence has been pulled south from the north property line. A7. 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. VARIANCE ANALYSIS• B1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the ordinance is to maintain a rural, natural character adjacent to the lake. The fence is placed to minimize impacts to the lake, and is of a design intended to blend into a rural character. B2. The variance is consistent with the comprehensive plan. The global intent of the Comprehensive Pian is to maintain a certain character of the City, while establishing minimum standards for health, safety, and general welfare of residents. The fence proposed is consistent in character with minimal lake impact, and accomplishes certain health, safety general welfare goals identified by the City by offering expanded recreational opportunities. B3. 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 property is currently a park. The improvements proposed are consistent with a park, which is a permitted use (publically owned parks and playgrounds). b. There are circumstances unique to the property not created by the landowner; The fence location is preferred to avoid invasive work within the wooded area. The trees were not planted by the property owner. c. The variance will not alter the essential character of the locality. The fence design is intended to blend into the park character which is rural. The fences are designed to blend into the landscape and will be minimally visible from the street and off the property. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 666 3 84. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property is used as a public park. This classification is peculiar to the subject parcel and not applicable to other lots in the zoning district. 135. The conditions do not apply generally to other land or structures in the district in which the land is located. The unique conditions do not generally apply to other land or structures in the district. The majority of land developed within the wetland and shoreline districts are single family residential. Approving a variance for public park improvements would not apply directly to other land uses. 66. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, The ordinance provisions were drafted primarily to apply to the predominant land use in the city, single family residential. Applied to a park use, the enjoyment of the property is threatened because the ideal park and open space incorporates vegetation, slopes, wetlands, and water features. The fencing proposed is the minimal amount necessary to grant relief from the ordinance while preserving a substantial right of the property owners. B7. 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 fence as proposed will not block views from neighboring properties, and due to its design and distance from the lake, will not be visually impactful from the lake. The fence is not located along the northern property line, further negating any impact to these property owners and maintain wildlife passage. BS. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Location of the fence at the setback and at the necessary height is not merely a convenience, it is the planned efficient use of city resources to create a desirable experience for park users. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-420 in order to allow the construction of 47 inch high, woven wore fences with metal or wooden posts within the150' lake yard and within the 35 foot wetland setback and buffer area, subject to the following conditions: 1. Council approval is based on the survey/site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the approved survey/site plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 4 0£ 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6663 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by completing the fencing work described in Exhibit A within one year of the date of Council approval, or the variances will expire on that date (August 22, 2017). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 22nd day of August, 2016. W—K-M W (4a_Azej�� - . - Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 5of6 6663 4 ► �- - - .orlon Perk Wetlands were ieineatsd ha + Ylerk = 1 ' Perry, Batton & Menk � 1 lu 20&Au 1. 2016 ja -�I.�' 41 44 " k - . 1 tl9ndr? :j LU IL - rn AM 1 � x t _ LL ; ±" t,y Wetland Boundary Orono Parcels Z CN i n / .� I•� E v 0 300 Feet CL16yW-