HomeMy WebLinkAboutResolution 7298 MONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
. G4` No. 7298
<Is`-kEsHO0'
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO. LA22-000043
WHEREAS, on August 15, 2022, John deGarmo and Sanja deGarmo, a married
couple, (hereinafter the"Applicants"), applied for a variance from the City Code for the property
addressed 2675 Fox Street and legally described as:
That part of the Southeast Quarter described as follows: Beginning at a point in the
West line of said Southeast Quarter distant 796.125 feet(48%rods) North of the Southeast
corner of said Southeast Quarter; thence East 940.5 feet(57 rods); thence North 397.87
feet(23% rods); thence West 940.5 feet(57 rods); thence South 391.875 feet(233/4 rods)to
the point of beginning, EXCEPT the West 389.00 feet thereof, Section 4, Township 117
North, Range 23 West of the 5'h Principal Meridian, 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 78-420 to allow construction of an attached
garage addition 35 feet from the front property line where a 50 foot setback is required; and
WHEREAS, on September 19, 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 September 19, 2022, the Planning Commission recommended
approval of the variance; and
WHEREAS, on October 10, 2022, 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#LA22-000043. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from
�0 PTO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ye G� No. 7298
`-f'FESH0�O
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-1 B One Family Rural Residential Zoning District.
3. The Property contains 4.47 acres in area and has a defined lot width of 391 feet.
4. Applicants have applied for the following variance:
a. Front Yard Setback Variance
5. 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 proposed 35 foot setback for the home addition on
the Gander Road frontage is in keeping with the character of the neighborhood as it
functions as a side street. The Property has a limited buildable area due to the large
wetland. The requested variance is in harmony with the ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The scale and type of variance proposed to construct an attached
garage within the front setback does not impact adjacent properties, will be screened by
vegetation, and is 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 request to permit a garage addition within the required front setback appears to
be reasonable as the Property's reduced buildable area and orientation with respect
to the wetland create difficulties.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner.
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-vLOA CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G4' No. 7298
`4kESHO'iLl"
The home's location and orientation with respect to the wetland and Gander Road
are not the result of the homeowner's actions. Further the septic system location
further impacts the opportunity for a conforming building envelope; and
c. The variance, if granted, will not alter the essential character of the locality."
The home addition with a 35 foot setback from the Gander Road property line will
be an improved setback from the existing detached garage and the addition will
be screened by existing vegetation. The project will not alter the character of the
area.
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 residential building improvements are
allowed in the RR-1 B 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 Property's substandard buildable area,
wetland impacts, septic system location, and existing conditions create difficulties which
are particular to the Property. The proposed setback is not out of character.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located."While many adjacent properties are impacted by wetlands, the
Property's substandard buildable area, wetland impacts, septic system location, and
existing conditions create difficulties which are particular to the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."Staff finds that granting the requested variance
preserves a substantial property right of the homeowners.
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-vLOArO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G; No. 7298
`,kESHo-
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."Staff finds this
criterion is met.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The granting the requested variance will
alleviate difficulties due to the Property's substandard buildable area, wetland impacts,
septic system location, and existing conditions.
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 an attached
garage addition 35 feet from the front property line where a 50 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 attached site plan and building plans
submitted by the Applicants and annotated by City staff(hereinafter the "Plans"),
attached to this Resolution as Exhibits A& 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 building permit must be
obtained within one year of the date of Council approval, or the variance will expire on
that date (October 10, 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 10th day of October, 2022.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
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