HomeMy WebLinkAboutResolution 7409r
I
LAND TYPE Torrens (T)
DOC NUM 6041874
Certified, filed and/or recorded on
Oct 17, 2023 4:21 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 165 Pkg ID 2613295E
Document Recording Fee $46,00
Document Total $46.00
Existing Certs
1356429
This cover sheet is now a permanent part of the recorded document.
11 fll
LAND TYPE Abstract (A)
DOC NUM 11239011
Certified, filed and/or recorded on
Oct 18, 2023 12:33 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 186 Pkg ID 2613536E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing Resolution adopted at the
meeting of the Orono City Council on October 9, 2023 with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 10th day of October, 2023
Anna Carlson, City Clerk
(seal)
• :"•• �
is
°moo CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7409
4kESH0R-t
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1440
FILE NO. LA23-000052
WHEREAS,Revis Stephenson(hereinafter the"Applicant"),applied for a variance from the City
Code for the property addressed 3760 Watertown Road and legally described as:
Lot 2,Block 1,HILLAWAY FARM,according to the recorded plat thereof,Hennepin County,
Minnesota(hereinafter the"Property");
WHEREAS,the Applicant has applied to the City of Orono for a variance from City Code
Section 78-1440 in order to construct a new oversized accessory building streetward of the principal
building; and
WHEREAS,on September 1,2023 the Applicant made a complete application for a variance;and
WHEREAS,on September 18,2023,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 September 18,2023,the Planning Commission voted 6 to 0 in favor of a motion
to recommend approval of the variance as applied; and
WHEREAS,on October 9,2023 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 variances 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#LA23-000052. 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 One Family Rural Residential Zoning District.
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�`O� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
H °C
� NO. 7409
�4-ESO�
3. The Property contains 29.65 acres and has a defined lot width of 1,458 feet.
4. Applicant has applied for the following variances:
a. Oversized Accessory Building Placement
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 variance for the construction of a new accessory building is supported
by practical difficulties. The lot is limited by a conservation easement that does not allow for
construction on most of the 29-acre parcel.The proposed oversized accessory building will be used
as a barn that serves the horse pastures and farmland that currently exist of the property.
Furthermore, the accessory building is setback far enough from the street that it will have little to
no impact on neighboring properties. This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan."The variance resulting in the construction of a new accessory building in a residential zone
is consistent with the Comprehensive Plan. The applicant has identified necessary practical
difficulties inherent to the land supporting their requests. This criterion is met.
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.
Constructing a new oversized accessory building to be used as a barn is a reasonable use
of the property.The property as it exists today is used as farmland and horse pastures. The
placement of the barn on the property serves this accessory use. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
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-QATp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
G NO. 7409
�tESHOF'�
The total size of the property as well as the agricultural use and conservation easement are
unique to the property were not created by the landowner;and
c. The variance, if granted, will not alter the essential character of the locality."
The proposed variance will allow the construction of a new barn, oversized accessory
building, streetward of the principal building. The proposed location meets all required
setbacks and is sufficiently screened from neighboring properties and the street. The
proposed placement of the barn will not alter the character of the locality. This criterion is
met.
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 use is a permitted use in the RR-1A 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 size and use of the lot are unique and specific to this property.
This criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the land is
located." The property is unique in size and nature to that of the surrounding area. This criterion is
met.
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant."The proposed barn must be adjacent to the existing agricultural land
and is further limited by the conservation easement placed on the property. The variance is required
for the construction of the barn that is over 1,000 sq.ft.This criterion is met.
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sOAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� ��� NO. 7409
r�kES H0r-
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 the requested variance will
not adversely impact health,safety,comfort,or morals of the community.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 variance allows for the construction of a new
oversized accessory building to be used as a barn on a 29-acre parcel and will not serve as a
convenience to the applicant. The placement of the barn on the property is limited and requires a
variance.This criterion is met.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a variance
from Orono Municipal Zoning Code Sections 78-1440 to allow the construction of a new oversized
accessory building streetward of the principal building 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
Applicant and annotated by City staff(hereinafter the "Plans"), attached to this Resolution as
Exhibits A and 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(October 9,2024).
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 9th day of October,2023.
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vp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7409
4kEsHpg..
ATTEST: CITY OF ORONO:
111 WO
nna Carlson, City Clerk Dennis Walsh,Mayor
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Resol. No 7409 Exhibit A
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Resol. No 7409 Exhibit B