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Home My WebLink AboutRecorded Resolution 7256LAND TYPE Abstract(A) DOC NUM 11089686 Certified, filed and/or recorded on Mar 22, 2022 12:03 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 104 Pkg ID 2417306E Document Recording Fee 46.00 Document Total 46.00 This cover sheet is now a permanent part of the recorded document. s OtiO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4' NO. 7256 kES H 01 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-395 FILE NO. LA22-000007 WHEREAS,on January 18, 2022, Garrett Gronberg and Andrea Gronberg, a married couple, (hereinafter the "Applicant[s]"), applied for variances from the City Code for the property addressed 65 Stubbs Bay Road North and legally described as: That part of Section 32, Township 118 North, Range 23 West of the Fifth Principal Meridian, described as follows: Beginning at a point on the East line of the Southeast 1/4 of the Southwest 1/4 of said Section distant 264 feet North of the Southeast corner of said Southeast 1/4 of the Southwest 1/4; thence West a distance of 462.89 feet; thence North a distance of 350.18 feet; thence Southeasterly, parallel with the centerline of the public highway known as South Watertown Road, a distance of 499.19 feet to the East line of said Southeast 1/4 of the Southwest 1/4; thence South along said East line, to the point of beginning, EXCEPT the Northeasterly 10 feet thereof, according to the United States Government survey thereof, Hennepin County, Minnesota. Doc. No. A09936263 hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow redevelopment of a property with nonconforming area and width; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow a front yard setback of 51.7 feet where a 100-foot setback is normally required; and a side yard setback from the south lot line of 48.8 feet where 50-feet is required; and WHEREAS, on February 22, 2022, 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 February 22, 2022, the Planning Commission recommended approval of the variances further recommending the applicant adjust the home to meet both side yard setback requirements; and WAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 7256 e " ES H O WHEREAS, the Applicants revised the site plan to conform to the required 50-foot side yard setbacks on both the north and south sides; and WHEREAS, on March 14, 2022, the City Council reviewed the revised 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 variances as revised and 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 #LA22-000007. 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-1A Single Family Rural Residential Zoning District. 3. The Property contains 2.48 acres in area and has a defined lot width of 165 feet where 5.0 acres and 300 feet of width are required. 4. Applicant has applied for the following variance[s]: a. Lot Area Variance b. Lot Width Variance c. Front Yard Setback Variance 5. 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. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The Applicants are proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance. The front yard setback and side yard setback variances requested are reasonable considering the upland buildable area of the Property and are consistent with the immediate neighborhood. 2 BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 7256 FEES H or-t 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."The variances resulting in a permit for a new single family residence in a residential zone are consistent with the Comprehensive Plan. 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 Applicants are proposing to use the Property in a reasonable manner with the construction of a single family home. The RR-1A setbacks applied to the lot's relatively narrow width results in limited options to construct a conforming building on the upper portion of the site. The front setback proposed is generally consistent with the existing home and neighbors to the south. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot's substandard size and topography is not the result of actions by the property owner; and c. The variance, if granted, will not alter the essential character of the locality." The proposed location of the new home is consistent with the existing home on the Property and the character of the neighborhood is not likely to be altered by construction of the new residence at the proposed setback. 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. 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 a residential home is an allowed use in the RR- 1A District. 3 O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 7256 IkES H Os. 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 area and width of the Property within the RR-1A zoning district is unique to the Property and to the immediate neighbors which support the requested variances. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The substandard size of the Property is unique within the 5-acre rural residential zoning district. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Lot area and lot width variances are necessary for the preservation of the owners' Property right; granting the requested front yard setback variance provides a reasonable buildable area on the substandard property. 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." Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning 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 topography of the relatively narrow, uniquely shaped lot within the RR-1A district results in a limited building area for construction of a single family home on the high portion of the site. The Property's size is unique for the RR-1A zoning district. Granting the requested variances is necessary. 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 78-395 to allow redevelopment of a Property having substandard width and area with a home 51.7 feet from the front property line where a 100-foot setback is required, 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 dated February 25, 2022 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A& B. 4 tO4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1, NO. 7256 kESHO 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 building permit must be obtained within one year of the date of Council approval, or the variance will expire on that date (March 14, 2023). 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 14th day of March, 2022. ATTEST: CITY OF ORONO: 0#Nacr270) Anna Carlson, City Clerk Dennis Walsh, Mayor 5 350.18 \\ \\._...._.... t\.- N 00°32' 14" w \\ \\ \\ \\ \\ 39.'5,3...-..{\.......- y1-.` i y s o> N W 00 STUBBS BAY Ay r— ------ ROAD SOUTH oO00 WDM aka C •............... S 00°32' 13" E 152.49............,r u a 5 rt a w ' 3 oi n pNm Nf— Eog4 O g.w' g o e o 3 3 pizxmQ» a:sa 005 2ql- a m 6ry tit ibis ala<. <o«r:cauo<, or r<Port a dul' Licew<tl Land Surveyor der theCIVIL PROJECT GRONBERG & ASSOCIATES, INC.eyoadmp ENGINEERS, LAND SURVEYORS. 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