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HomeMy WebLinkAboutRes 6755 vOA/p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF �' NO. 675 5 G t4kESH0°' A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 17-3912 WHEREAS, on February 21, 2017, Bruce Birkeland, ("Applicant"), applied for variances from the City Code for the following properties legally described as: • 1298 Wildhurst Trail: Lot 2, Block 1, Wildhurst, Hennepin County, Minnesota PID 07-117-23-31-0027; and • Address Unassigned: Lot 3, Block 1,Wildhurst, Hennepin County, Minnesota PID 07-117-23-31-0028; (hereinafter the "Properties"); and WHEREAS,the Applicant has made application to the City of Orono administrative certification of a subdivision exemption for a lot line adjustment involving the Properties necessitating the requested variances. The proposed lot line adjustment reflecting proposed Parcel A and Parcel B is shown in the attached Exhibit A; and WHEREAS, the Applicant has made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-330 to facilitate the above mentioned subdivision exemption for proposed Parcel A to have a defined lot width of 144 feet at the ordinary high water level (hereinafter the "OHWL") and 130 feet at the 75-foot setback; and to allow proposed Parcel B to have a defined lot width of 186 feet at the OHWL and 125 feet at the 75-foot setback where 140-feet in width is required in both locations; and WHEREAS, on March 20, 2017, 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 March 20, 2017, the Planning Commission recommended denial of the variances; and WHEREAS, on April 10, 2017, the City Council directed preparation of findings for approval of the variances. 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 the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� fi NO. 6755 �4tESHov-`` FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3912. 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 Properties are located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. Parcel A will have 1.01 dry acres in area and a defined lot widths of 144 feet at the OHWL and 130 feet at the 75 foot setback. 4. Parcel B will have 1.28 dry acres in area and a defined lot widths of 186 feet at the OHWL and 125 feet at the 75 foot setback. 5. The Property is within Tier 1 and hardcover for Parcel A and Parcel B is limited to 25% each according to the Stormwater Quality Overlay District. 6. Applicant has applied for the following variance[s]: a. Lot Width Variances for both parcels. 7. In considering this application for variances, 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 . . . ." Two lots exist currently. The density is not proposed to increase. The size of the proposed parcels are consistent with the other properties in the neighborhood and comply with the City Code. The lot width variance would also be in harmony with the Ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variances allow the development and redevelopment of each of the single family lots. Single family lots with a residential use is consistent with the comprehensive plan. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tAIL4- NO. 6755 ESHO�� 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 owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The property owner wishes to realign the common property line. The density will not increase as a result of the lot line adjustment. It is likely the parcels will be developed with new single family homes in the future which will be required to meet the LR-1 B district and Shoreland district setbacks. To qualify for the subdivision exemption and to reorient the common property line the requested variances must be granted. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property owner did not create the original lot size, lake frontage, and orientation of the Properties. c. The variance, if granted, will not alter the essential character of the locality." The proposed variances will add one additional lakeshore property to the lake. The size of the proposed parcels are consistent with the character of the locality. 4. "Economic considerations alone do not constitute practical difficulties." The primary reason for the variances is to facilitate the reconfiguration of the lot to allow a home to be built away from the road and with lake views. The odd triangular shape of the existing Lot 3 will not allow a home to be built which can meet the setbacks. This practical difficulty keeps the land from being developed to the full potential and best use. 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 residential use is an allowed use in the LR-1B District. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 6155 `4kESH0¢' 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 unique shape of the Properties, the topography, and the channel-like nature of the shoreline create special conditions unique to the Properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposed parcels are generally consistent with the neighboring properties with respect to size and frontage. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this criterion to be met. 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 variance will not increase the density or intensity of two lots. Granting the requested variance 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 size, shape, and orientation of the Properties create practical difficulties; the variances to permit the lot line to be adjusted is necessary to create two lakeshore lots where one lakeshore lot and one off-lake lot currently exist. 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 78-330 to allow proposed Parcel A to have a defined lot width of 144 feet at the OHWL and 130 feet at the 75-foot setback; and to allow proposed Parcel B to have a defined lot width of 186 feet at the OHWL and 125 feet at the 75- foot setback where 140-feet in width is required in both locations; 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 by Gronberg and Associates dated 09/13/16 and revised on 02/17/17 attached to this Resolution as Exhibit A. 4 ‘ WNp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6755 IAkE S H 00' 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Properties not with the property owner, but are permissive only and must be exercised by formally adjusting the common boundary line between the two parcels within one year of the date of Council approval, or the variance will expire on that date (April 24, 2018). 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 24th day of April, 2017. ATTEST: CITY OF ORONO: 1 I CrIIPA Anna Carlson, City Clerk Dennis Walsh, Mayor 5 L PROPOSED LOT LINE REARRANGEMENT AND CERTIFICATE OF SURVEY FOR z 9 ROBERT L. 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J?'�» `-- , i t Ir ''' : ,?` LEGAL OESCRPTC.Of GIR16C5: 9e8"J7 y 7,* -='y__ \ \F' \ lot.2 end 1.Sleet.1.eLDHURST MAL / `_O,7 RD ` ,_ ,„ \' • .: denote.ken weeks,,end N �j ,7,.�_= (♦,,, .: &mote*Women Canty Met-e/-.q mm�rd(and �e 1 sten NO ; \� (00,.1): denotes pantie)deal devotion noon..o Mea&Sten SIT 1 , \ _-eft--: denotes e.ie ite center fne.Peen see MM datum awl RE 4-1411,41 _ Coedy mope V/,• / `\ Bearing*Oven st boort upon en anal&AWP The surrey intones to do.tne Ivedo4e of Pr above deserted property. Pe Meetten of at*aero naw noel eMvalen and topOPoptn,end Pe to mr ether removed t u eocernOd&Wee See t R dont net pnporl II lS tl !i • a1} 11-0,1 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 April 24,2017 with the original thereof on file in my office,and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 25th day of April, 2017. 1111 City Clerk (seal) X471 ii.J/' 11 1111 in Doc No T05442620 Certified, filed and/or recorded on May 8, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 126 Pkg ID 1545913M Document Recording Fee $46.00 Multiple Certificates Affected Fee $20.00 Document Total $66.00 Existing Certs 1193620, 1192708 This cover sheet is now a permanent part of the recorded document.