Loading...
HomeMy WebLinkAboutResolution 7162 II ON 1111 LAND TYPE Torrens (T) DOC NUM 5807986 Certified, filed and/or recorded on Mar 1, 2021 8:43 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 104 Pkg ID 2183835E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1506105 This cover sheet is now a permanent part of the recorded document. -OAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A NO. 7�1 6 F �, `�'(EsHO A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1379 FILE NO. LA20-000073 WHEREAS, on October 20, 2020,All Energy Solar, o/b/o Brian O'Connell and Lynne Rasmussen ("Owners"), applied for a variance from the City Code for the property addressed 3145 North Shore Drive and legally described as: Tract B, RLS No. 1113, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1379 to allow 75.3 percent coverage of a roof with solar panels, where 70% is permitted; and WHEREAS, on January 19, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 19, 2021, the Planning Commission recommended approval of the variance; and WHEREAS, on February 8, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA20-000073. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1 B Zoning District. 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL '$^ 71 62 `"IkESHOv-1" 3. The Property contains 1.13 acres in area and has a defined lot width of 117 feet. 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. Variance from the roof coverage limits of 70% 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. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The intent of the 70% rule is to avoid the visual impact of solar panels covering a roof. The proposed location of the panels is on a portion of the roof directly abutting the neighboring property. The visual difference between the proposal (roughly two panels)and the allowances by ordinance are negligible. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The Comprehensive Plan includes "To preserve open space, light, air, and solar access for all citizens while maintaining night sky" as a general goal (CMP Part 2 Community Plan Foundation, page 13). Additionally, Cities are required to include an element of protection and access to for solar energy systems (CMP Part 3A Solar Access Protection,page 14.) 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 placement of the extra solar panels is a reasonable use. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. the property owner did not build the house,and the desire to maximize the use of solar panels did not appear to be the key objective during construction. c. The variance, if granted, will not alter the essential character of the locality." 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 71 62 kESH0°' The excess coverage(of panels)will likely not be discernable. Further, removal of the trees to place panels elsewhere on the roof would have a negative impact on the neighborhood and the lake. "Economic considerations alone do not constitute practical difficulties." Economic considerations has not been the sole factor in the variance approval determination. 4. "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."The applicant has noted that the design of the house roof,the orientation of the accessory structure, and the City's prohibition of ground mounted arrays limit adequate access to sunlight. 5. "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 solar arrays are permitted in every district. 6. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This criteria does not apply. 7. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The structure's orientation and the existing mature trees do not support adequate access to the sun. 8. "The conditions do not apply generally to other land or structures in the district in which the land is located." The conditions would apply to other structures not properly oriented to the sun. 9. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The right to the sun for solar arrays is a right provided by the city and the state legislature. 10. "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." No suggestion that the increased level of solar panels will impact health,safety,and comfort has been received. 11. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The variance is not merely a convenience to the applicant. 3 -szLpAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7162 "IA-Est-K:10" 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 78-1379 to allow up-to 76 percent roof coverage, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the 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. 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 permit must be issued within one year of the date of Council approval, or the variance will expire on that date (February 8, 2022). 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 8th day of February, 2021. ATTEST: CITY OF ORONO: kr&.40a Anna Carlson, City Clerk Dennis Walsh, Mayor 4 Z 0 z 2..ftftift.7*"............... Nor., , 2 A O -13 o m g.121. 4... .. rn 0 ;z ._ m ..; ..........„,..„.rn ► 4v 0 x ��`` JrD m m m x D 1/ ` m -,* 4 , 1i m x 3 0 C) rti z� Z w n " r O 017 0 �� mw am o r 3 +/ D m A �< mZ N Ed c H It r- NNDZD Z �co�aZ D �� 0 C7 m D o A� f m p, O m �yQz moDmm -<Z Zr m m -i •o C �I N mD c 3 G, 3 O-1-i Z meozc-i m ri O Z _N i 3 m 0 i` CI w - -4 m wD=O �1 AN- m{ Z 111 3 O fi o O �'� -C1 p o o N O m .- cr, 0 A <o z�1- m T CO RI Z I E + m N O .0 v Z x O o w <O O `N m n �' ao x ? y m N�Z D o�v" r� ru o �C:."' '. 3 3 °mom �m -� p� m 1- m 0m z n O z -I 0 z c m m oz m ,T.) % - ,./., sp_ c JL I! TEi\ Z o Z H o A °c I I __ ___ X .O N1 y 1 I as {II A r _.._.ems.._..._— (A m z z z z 0y 0 ry2 2 I n - --- Ommmm o D X+ S C I ti 1 COCO CO CO N D D m C --- WZ 1-- -- -- - -- -- n -� N W O) D m XI - 1 I _ " .1---f El. -.. MI __Em oc rn 111 1 ff-- H _ -nP P— z c, 0 Ci A N in W N r` Ku) W W 0 4 _r 0 Cn O xi y� 0) . - o c) u OD W ycA„z m C� �^'m v a O —Ia7 `m 3 A� ~ W o z� ai <Z> z �eo�O1oz n fll> D x D n u n Z A A m r, n v , -n -Iz HG PJH N �� _ �� Z COm V7 N y m m _� m O p nrn W m al D Z Z� m 2O0 m D cnp� ;' > r Wmm -{ A oz� n :� r y m O X N �O r 0 o co m Z 1 • RI rn (-) m 71 Z 2 0 Z O H m I m m r < m D < -� D O H z O z 366" .,.7lr 384.. 284" IN ;- :,::f-.<::...; L`3',:J 1' - '4&:: :.` II 386" � _ n A to n Z _D O v 0 m O X —°m�p>mFr; cn ND 0,31 m (� �Nm m '� m n.ul y m - �mAZOG G? H -yOZ Z m0>mm z Illy m D < e y �mom> m OD�O Z`''�z(Aj { z Ng H > N O 02P-mo m mKtgn O <oZG�ic{ 7m F,W z — m oZ p mzz m ozio A .W0,<O A n.0 ,, co O � co 0 X poD y �mm o A� z? D -\ m n a, z K n 0 Z V rn v>DO vv;0. oa w mr� 0Mr z -1 5,DA 0 r 0 A ��O< o<m0n < nO Z�O m ,Zml mA�� C C nDpD pmA3fn 0-1 0 OZ 5-1 mm-1 (n m rnOOW H •m>c ipI _0 zm n- Z > AA_zm (v1 V,T'm OK zmrZz mo �z Hz rn mc m mDrW O 3,. Z 3Azmm 1z Om A� mW c_+<r-i- z0 mmm0 '� ox=m m m<1 Om co �(n >- -Xr-D 0 D>m> �, '��,Zjzz Arvmz Z�0 m5 Oz A()T�TI73m im D W-<O _ D ZmDO D v0,mr I?°-<74m0 Z -zo 0 -lc). m Aman<n vpD ZWQ0z C m-g93, mmoo_ Woomm 6 zv m� 44(Pla oODnm0 m zmv tWn 2DDm z0m WC 0 on zn 0m -m o xN DOv I J n mo› -piOrtr,-,4 n DD rD zm -xZzA m �'- yr ZcA- O z Dz n{zm-izOmD mCn I 9zom zmyoz p p Dv �' m�Zx m Zpm' n(rnW W -IDvAl �oDOm2 m -i mzO ...: W O .i< 03 m = <-10xrvmm pc)z� ? A!n�m m Z pz-uoz-Ov1n�Dy p Wrr..D i ymiZmrnZz.yyX m p mAZ X nrrIV .< coW r O A-iAN N_NN N N All 1 .... .... .. . CD V 0 T. 11 _ . _ , , NI ...... O !! iTl-TC-N 0 w-712 Ixx OmODccmvNZ <DD -1 <-AD --iD-DpTWW �Ov �yim1- . vW xi >x -m�mnao©Q O ZD - O62 �W2- mUzz0tie m*mOxOr- 40 Sri 1 r S 1111111111111111 0 i 0 X rn v 77 n w 0 Z D O m mo 9or ',„ ° 0, >Nm m o 'Nr v D m tDi�13OC w�y mm y {zZ �o�am Z m� D0 H n o m D mm�Z ��< Aa m o_AX� Zgcz ZF Z (7l 'p '�' y 3 oAm� ?� NN 3 OD=O m 'ANrA< Z m c D O I \ c mwoo „w mm m og(nn .ZOI )QZ '(0W O < <O n� �� m D m y = ,_soW �p D Vt0nAZ D 0o��r 3 f1 A "Wow 0 y omr - b om- > r wo yr O O Z m :, A Z c c) z