HomeMy WebLinkAboutReso # 6348 O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 3 4 8
t�kEsH0
A RESOLUTION
GRANTING A VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 78-420 AND 78-1279(6)
FILE NO. 13-3643
WHEREAS, John Michael Brunello, a single person (hereinafter "the
Applicant") is the owner of the property located at 825 Willow Drive South within the City of
Orono (hereinafter the "City") and legally described as: The North 235 feet of the East 200 feet
of Government Lot 7, Section 10, Township 117, Range 23, Hennepin County, Minnesota
(hereinafter the"Property"); and
WHEREAS, the Applicant has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-420 to allow construction of a new home
on a property 35,660 square feet (0.81 acre) in area where 87,120 square feet(2.0 acres) is the
minimum acreage required; and
WHEREAS, the Applicant has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-420 to allow construction of a new home
3.6 feet-from the south side lot line where a 30-foot setback is normally required; and
WHEREAS, the Applicant has made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1605 to allow construction of a new home
set back 23-feet from the wetland where a 35-foot setback is required by the City; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the
Orono Planning Commission on November 18, 2013 at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File number 13-3643.
2. The Property it" rcated in the RR-113 One Family Rural Residential Zoning
District which requires a minimum lot area of 2.0 acres and a minimum lot width
of 200'.
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O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6348
�9kESHOg�
3. The Planning Commission reviewed this application at a public hearing held on
November 18, 2013 and voted 5 for and 0 against on a motion to approve the
requested variances for the proposed footprint shown on the survey by Sathre
Bergquist, Inc dated 11/23/12 and revised 09/25/13 and finds that the following
factors support the granting of the requested variances:
a. The Property contains 35,660 square feet in area and has a defined width of
241-feet.
b. The home on the Property has existed since the 1950s.
c. The Property is served by municipal sewer.
d. The Applicant is proposing to construct a brand new home; an in-kind rebuild
of the existing home is not proposed.
e. The Property is surrounded on three sides with wetland.
f. Approximately one-half of the Property area is at or below the 100-year
floodplain elevation.
g. The Applicant's proposed building footprint is still in the concept stage. There
is a potential for fluctuation in the footprint as it is further developed. The
Planning Commission's motion allowed only for a 2 foot maximum flexibility
on the north side.
h. The adjacent home is located approximately 130 feet from the Property.
There appears to be adequate open space separating the Property from the
adjacent home to the south.
i. The adjacent neighbors have expressed support for the application.
j. The Property will conform to the hardcover limitations of Tier 3.
k. The Applicant's proposed home will not alter the essential character of the
neighborhood and will result in minimal or no negative impact on adjacent
properties.
I. The Applicant's request is in harmony with the purpose and intent of the
ordinance.
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O O CITY of ORONO
a.
RESOLUTION OFIT�IT�COUNCIL
NO.
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m. The Applicant has demonstrated that enforcing the provisions of the Zoning
Ordinance deprives the Applicant of the reasonable use of their Property.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Applicant and the public, and the effect of the proposed variances on the
health, safety and welfare of the community.
5. The City Council finds that the conditions existing on this Property are peculiar to
it and do not apply generally to other property in this zoning district; that granting
the variances would not adversely affect traffic conditions, light, air nor pose a
fire hazard or other danger to neighboring property; would not merely serve as a
convenience to the Applicant, but is necessary to alleviate a practical difficulty; is
necessary to preserve a substantial property right of the Applicant; and 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 Orono Municipal Zoning Code Section 78-420 to allow construction of a new home
on a property 35,660 square feet (0.81 acre) in area where 87,120 square feet(2.0 acres) is the
minimum acreage required; a variance to Section 78-420 allowing a 3.6 foot setback from the
south side lot line where a 30-foot setback is normally required; and a variance from Section 78-
1605 to allow a 23-foot setback from the wetland where a 35-foot setback is required by the City
in conjunction with construction of a new single family home on the Property; subject to the
following conditions:
1. Council approval is based on the survey, building footprint and conceptual building plans
submitted by the Applicant and annotated by City staff, attached to this Resolution as
Exhibits A & B. Any amendments to the approved survey/site plan which are not in
conformity with City codes will require further Planning Commission and City Council
review.
2. Council approval is limited to the extent of the building footprint as shown on the
proposed survey by Sathre-Bergquist dated 11/23/12 and revised 09/25/13.
3. There is no deviation permitted in the footprint of the home to be constructed, other than
the approved flexibility to extend the footprint a maximum of 2 feet toward the north on
the north end should it be deemed necessary by the Applicant following a final design.
Page 3 of 5
O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6348
L�kEs 10
4. The proposed home must conform to the floodplain requirements as determined by the
City, the Department of Natural Resources and the Minnehaha Creek Watershed District
collectively. The home must meet the Regulatory Floodplain Protection Elevation based
on the 100-year floodplain.
5. The second-story of the home to be constructed on the property must be set back a
minimum of 10 feet from the south, side lot line.
6. Proposed hardcover levels are conforming to the Tier 3 standards; no hardcover
variances are granted. Structural coverage limitations will also be met.
7. Building permit approval will be subject to Minnehaha Creek Watershed approval.
8. The roof drainage shall be directed away from the property to the south.
9. Authorities granted by this resolution'run with the Property not with the Applicant, but are
permissive only and must be exercised by obtaining a building permit for the home and
commencing construction of said project. A framing inspection must be completed within
one year of the date of Council approval, or the variance and conditional use permit will
expire on that date (November 25, 2014).
10. 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.
11. The undersigned Applicant has read, understands and hereby agrees to the terms of this
resolution and on behalf of the Applicant and the Applicant's heirs, successors and
assigns, hereby agrees to the recording of this resolution in the chain of title of the
Property.
Adopted by the Orono City Council on the 25th day of November, 2013.
ATTEST:
Rachel Dodge, City Cierkl-1 Lili Tod McMillan, Mayor
Page 4 of 5
O O CITY of ORONO
gj, AN RESOLUTION OFIT �118 COUNCIL
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of PC>?w1 „2013, by
John Michael Brunello, a single person.
BARBARA G.SILUS Notary Public
NOTARY PUBLIC-MIINNESOTA
My Commission Exj*ftJ&n-31,2048
Page 5of5
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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 December 4, 2013, 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 14 f hday of 6X Ct'AyI,�.QII , 2013.
L-"(-"" "—� ��
City Clerk
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13 -313
Doc No A10038918
Certified, filed and/or recorded on
Dec 16, 2013 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark V. Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1065791M
Doc Name: Resolution
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.