HomeMy WebLinkAboutResolution 7232 LAND TYPE Abstract (A)
DOC NUM 11048515
Certified, filed and/or recorded on
Nov 24, 2021 12:06 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 162 Pkg ID 2359909E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
,ZOATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7232
`'KESHO0'
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420 FOR BUILDING HEIGHT AND SIDE YARD SETBACK
FILE NO. LA21-000068
WHEREAS, on September 21, 2021, The city of Orono ("Applicant"), applied for a
variance from the City Code for the property addressed 365 Old Crystal Bay Road and legally
described in Exhibit A, (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-420 to allow a 23 foot side yard setback
where 30 feet is required, and a variance from Section 78-420 to allow a building 36 feet in defined
height where 30 feet is permitted; and
WHEREAS, on September 27, 2021, the City Council, by unanimous action,waived
reference of the variance application to the Planning Commission, as authorized by City Code
Section 78-122; and
WHEREAS, on October 25, 2021, 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 October 25, 2021, the City Council directed preparation of findings
for approval of the variance.
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 #LA21-000068. 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 RR-1B Zoning District.
�Ot�O CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A NO. 7232
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3. The Property contains 5.85 acres in area and has a defined lot width of 200 feet.
4. Structural Building Coverage and Hardcover limitations do not apply due to the property's
location in the exempt tier, and being over 2 acres.
5. Applicant has applied for the following variance[s]:
a. Side yard setback 23 feet where 30 feet is required
b. Building height, 36 feet, where 30 feet is permitted
6. In considering this application for variance, the Council has considered 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:
According to MN §462.357 Subd. 6(2)variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of
the ordinance is to reduce massing with principal structures too close together,and to regulate
massing with tall buildings. Neither of these goals will be challenged with the variance. The
north property line is a boundary with undeveloped MnDOT property, adjacent to a drop off
for Hwy 12 and a rail corridor. The building height as defined reflects the drop off of slope
toward the west end of the building. From the street,the building will appear conforming.
2. The variance is consistent with the comprehensive plan. The use of the property is a permitted
use in the RR-1B zoning district.
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; In the site design,the goal was to shift the building as far away
from neighboring residential parcels. To maximize the southern setback,the northern
setback was reduced. The building height is necessary for the internal workings of the
building(large truck lifts,storage) and due to the substantial slope of the lot from east
to west.
b. There are circumstances unique to the property not created by the landowner; The
unique design of the lot,both from its long narrow shape and slope of the lot are unique
to the property and not created by the landowner and
c. The variance will not alter the essential character of the locality. The height variance and
the setback will not be discernible to the general neighborhood. Most of the work on
the site will occur in the west and north sides.
Additionally City Code 78-123 provides additional parameters within which a variance may be granted as
follows:
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AW: CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
"$* NO. 7232
t4'cESHO
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. 17, 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 a municipal building is a permitted use in the RR-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 long, narrowness of the lot, coupled with significant
slope of the property are unique to the lot.
9. The conditions do not apply generally to other land or structures in the district in which the land
is located. The use of the property for a municipal building is unique to the property and the
district.
10. The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant. The public works nature of the building requires flexibility from
standard zoning regulations which were developed primarily for residential uses.
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 reduced north side setback
and height variance will not impact neighboring properties in these ways, as there are no
neighbors to the north (nor will there ever be),and the height issue is caused by the significant
drop in the lot.
12. The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty. The plans reflect minimal amount of variance
necessary to meet use requirements of the site while minimizing impact to neighboring
properties.
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 the buildings defined height up
to 36 feet, and allow the north side yard setback to reduce from 30 feet to 23 feet, subject to the
following conditions:
1. Council approval is based on the entire record, above Findings.
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iiLO T CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ye NO. 7232
4'ESHO0"
2. The approved project shall conform to the sitre plan dated October 21, 2021 and building
plans submitted by the Applicants and annotated by City staff, attached to this Resolution
as Exhibit B.
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 framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (November 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 November, 2021.
ATTEST: CITY OF ORONO:
19:a2i)7
✓XIl- J`-
Anna Carlson, City Clerk Dennis Walsh, Mayor
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gOtiO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7232
4ICESHosLt
Exhibit A
That part of Tract A described below:
Tract A. The north 10 acres of that part of the East Half of the
Southwest Quarter of Section 33, Township 118 North,
Range 23 West, Hennepin County, Minnesota, lying south of
the right of way of the Burlington Northern and Santa Fe
Railway Company, formerly the Great Northern Railway;
which lies westerly and southerly of Line 1 described below, and westerly of
the westerly right of way line of Old Crystal Bay Road as now located and
established:
Line 1. Beginning at Right of Way Boundary Corner B16 as shown on
Minnesota Department of Transportation Monumentation Plat
No. 27-M16 as the same is on file and of record in the office of
the County Recorder in and for said County; thence northerly
on an azimuth of 00 degrees 16 minutes 00 seconds along the
boundary of said plat for 101.45 feet to Right of Way Boundary
Corner B17; thence on an azimuth of 270 degrees 48 minutes
58 seconds along the boundary of said plat for 25.65 feet to
Right of Way Boundary Corner B18; thence on an azimuth of
00 degrees 48 minutes 59 seconds along the boundary of said
plat for 79.00 feet to Right of Way Boundary Corner B19;
thence on an azimuth of 285 degrees 18 minutes 31 seconds
for 79.82 feet to Boundary Corner M23; thence on an azimuth
of 270 degrees 49 minutes 00 seconds for 1183.44 feet to
Boundary Corner M24 and there terminating;
containing 5.85 acres,
more or less; Subject to
the following restriction:
No access shall be permitted to Trunk Highway No. 12 from the lands
herein conveyed; except that access shall be permitted to Old Crystal
Bay Road.
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