HomeMy WebLinkAboutResolution 7382 sIL01V CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
*11111L
cA. NO. 7382kESHO
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO. LA23-000024
WHEREAS, on May 16, 2023, Kevin Revering and Sarah Revering, a married couple,
(hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed
1960 Fox Ridge Road and legally described as:
Lot 7, Block 1, Fox Ridge, 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 a home addition 46 feet
from the front property line where a 50-foot setback is required and a 56.9 foot setback currently
exists; and
WHEREAS, on June 20, 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 June 20, 2023, the Planning Commission recommended approval of the
variance; and
WHEREAS, on July 10, 2023 the City Council reviewed the application and the
recommendations of the Planning Commission and City staff;
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 Property is located in the RR-1 B, Single Family Rural Residential Zoning District.
1
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7382
�4xEsHO��
A3. The Property contains 1.0 acres in area and has a defined lot width of 185 feet.
A4. The Property is legally nonconforming as it was platted prior to the current zoning
standards.
A5. Applicants have applied for a front yard setback variance.
A6. 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:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed 46-foot setback for the garage addition is
in keeping with the character of the neighborhood as Brown Road functions as a side
street. The Property has a limited buildable area due to the wetland, septic system
location, and substandard size. The requested variance is in harmony with the ordinance.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The scale and type of variance proposed to construct a garage
addition within the front setback does not impact adjacent properties, will be screened by
vegetation, and 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 permit a small, approximately 21 square foot portion of the garage
addition within the required front setback appears to be reasonable as the
Property's reduced buildable area and orientation with respect to the roadways
creates difficulties.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The home's location and orientation with respect to the
wetland, Brown and Fox Run Roads are not the result of the homeowners'
actions; and
2
-vL01V CITY NO. 7 OF382
ORONO
RESOLUTION OF THE CITY COUNCIL
t G�kES HO4g('
c. The variance, if granted, will not alter the essential character of the locality." The
home addition with a 46-foot setback from the Brown Road property line will be
screened by existing vegetation. The project will not alter 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
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 residential building improvements are
allowed in the RR-1 B 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 Property's substandard size and 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.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located."While many of the adjacent properties on Fox Run Road are similarly
sized, the Property's substandard buildable area, wetland impacts, orientation as a corner
lot, septic system location, and existing conditions create difficulties which are particular
to the Property.
B10."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.
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." Staff finds this
criterion is met.
3
CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
�l NO. 7382
-'IESH0
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." 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 a home
addition 46 feet from the front lot line (Brown Road South) where a 50-foot setback is required;
subject to the following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the annotated site plan and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A & B.
C3.An updated certificate of survey showing the proposed addition and other proposed
changes to the property shall be submitted for the administrative Building Permit
required for this project.
C4.Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
C5.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 (July 10, 2024).
C6.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.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 7382
t�&ES H ORti
ADOPTED by the Orono City Council on this 10' day of July, 2023.
CITY OF ORONO:
Dennis Walsh, Mayor
ATTEST:
Anna Carlson, City Clerk
5
50.01 ft 30.01ft14'
25'
46.00 ft
185.255ft