HomeMy WebLinkAboutResolution 7340 LAND TYPE Abstract (A)
DOC NUM 11184375
Certified, filed and/or recorded on
Feb 28, 2023 4:16 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 183 Pkg ID 2541386E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
4LpAT CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
fi �,� NO. 7340
t4'ESHov—
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO. LA22-000071
WHEREAS, on December 14, 2022, James Hillier and Juli Hillier(hereinafter the
"Applicants"), applied for variances from the City Code for the properties addressed 1245 Arbor
Street and 1224 Briar Street, and legally described as:
1245 Arbor Street:
Lots 12, 13, 14, and 15, Block 2, Maxwells Addition to Crystal Bay, Hennepin County,
Minnesota (hereinafter the "Arbor Property");
And
1224 Briar Street:
Lot 16, and the south half of Lot 17, Block 2, Maxwells Addition to Crystal Bay, Hennepin
County, Minnesota (hereinafter the"Briar Property")
WHEREAS, the Applicants have made application to the City of Orono for an
administrative subdivision exemption for a lot line adjustment involving the Arbor Property and
the Briar Property necessitating the below requested variances. The proposed lot line
adjustment reflecting the proposed orientation is shown in the attached Exhibit A;
WHEREAS, the Applicants have made application to the City of Orono for a lot area
variance to Orono Municipal Zoning Code Section 78-420 to facilitate the above-mentioned
subdivision exemption to allow the Arbor Property to be reduced in area from 27,999 square
feet to 13,991 square feet. The area is to be applied to the Briar Property; and
WHEREAS, the Applicants have made application to the City of Orono for a lot area
variance to Orono Municipal Zoning Code Section 78-420 to facilitate the above-mentioned
subdivision exemption to allow the Briar Property width to be increased from 75-feet to 140-feet
where 200-feet in width is required; and
WHEREAS, the Applicants have made application to the City of Orono for a setback
variance to Orono Municipal Zoning Code Section 78-420 to facilitate the above-mentioned
subdivision exemption to allow the existing home on the Briar Property to have an applied rear
setback of 10.3' feet where 50-feet is required due to the change in designation of"front yard"
as a result of the proposed boundary line adjustment; and
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-cLaAT CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
;mot G� NO. 7340
� ESHO��
WHEREAS, on January 17, 2023, 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 17, 2023, the Planning Commission recommended approval of
the variances; and
WHEREAS, on February 13, 2023 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:
Al. 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.
A2. The properties are located in the RR-1 B One Family Rural Residential Zoning District.
A3. The Arbor Property contains 0.63 acres in area and has a defined lot width of 100 feet.
A4. The Briar Property contains 0.24 acres in area and has a defined lot width of 75 feet.
A5. Applicants have applied for the following variances.
a. Lot Area Variance
b. Lot Width Variance
c. Rear Setback Variance
A6. In considering this application for variances, 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.
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�OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
11L
l� �: NO. 7340
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ANALYSIS:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The intent of the ordinance is to establish minimum lot
sizes and protect against overcrowding. The proposed variances do not negatively
impact the goals. The Applicants' proposal would serve to improve some existing
nonconformities in the substandard lot width and area.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The use of the properties for single family residential homes is
consistent with the comprehensive plan.
B3."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 move the shared property line between two nonconforming lots
improves nonconforming lot width and area for the Briar Property while not
further impacting the buildability of the Arbor Property.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The property positioning was not the result of the
landowners. The proposed boundary line adjustment is a reorientation of the
previously platted properties. The suggested reorientation of the properties
results in an improved orientation in keeping with the neighborhood character;
c. The variance, if granted, will not alter the essential character of the locality." The
lots are both nonconforming as they pertain to lot area and width. Altering the lot
line between the properties improves the nonconformity for the Briar Property but
increases the area nonconformity for the Arbor Property. The boundary line
adjustment results in the Arbor Property having a buildable area generally in line
with the other homes along that street. There will be little impact to the character
of the area.
B4."Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5."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
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-cLaAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7340
�"ESHO�ti
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78."This condition is not applicable.
B6."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 property is an allowed use in the
RR-1B District.
B7."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.
B8."The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."The Applicants' proposed changes to the lot
lines will bring the Briar Street property closer to conformance. Many of the properties in
the Crystal Bay neighborhood are similarly nonconforming. The lot and area width
limitations are not unique to the applicants' properties.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located." The size and orientation of the subject properties, specifically the Arbor
Property, is unique in the Crystal Bay neighborhood. The lot and area width limitations
are not unique to the Applicants' properties.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The property owners indicate that the
adjustment of the properties will preserve their property rights.
B11."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 granting of a lot
width variance standard to permit boundary line adjustment on undersized properties is
not in conflict with the intent of the comprehensive plan and zoning chapter.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The Applicants have stated the variances
are necessary due and the need for approval of the variances is not out of convenience.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following variances to facilitate the above-mentioned subdivision exemption:
• Orono Municipal Zoning Code Section 78-420 for a lot area variance to allow the
Arbor Property to be reduced in area from 27,999 square feet to 13,991 square
feet;
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4`0 CITY OF ORON(O
O RESOLUTION OF THE CITY COUNCIL
NO. 734o
t'lkESHov-t
• Section 78-420 for a lot width variance to allow the Briar Property width to be
increased from 75-feet to 140-feet where 200-feet in width is required; and
• Section 78-420 for the Briar Property to have an applied rear setback of 10.3' feet
where 50-feet is required due to the change in designation of"front yard" as a
result of the proposed boundary line adjustment, subject to the following
conditions:
Cl.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey dated 12/8/2022 and revised on
12/28/2022 submitted by the Applicants and annotated by City staff, attached to this
Resolution as Exhibit A.
C3.Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
C4.Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only and must be exercised by filing a Subdivision Exemption in order to
move the shared property boundary as depicted on Exhibit A. Filing for the boundary line
adjustment must be recorded with Hennepin County within one year of the date of
Council approval, or the variance will expire on that date (February 13, 2024).
C5.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 13th day of February, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST:
Anna Carlson, City Clerk
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