HomeMy WebLinkAboutResolution 7423t
LAND TYPE Abstract (A)
DOC NUM 11247813
Certified, filed and/or recorded on
Nov 28, 2023 8:02 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 184 Pkg ID 2624793E
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 November 13,2023 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 14th day of November,2023.
Chri us , ty Clerk
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WAp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7423
KtsHoe-
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-395
FILE NO. LA23-000053
WHEREAS,on August 25,2023,Pillar Homes(hereinafter the"Applicant"),applied for variances
from the City Code for the property addressed 3765 Watertown Road and legally described as:
That part of the West 392.98 feet of the Southeast Quarter of the Southwest Quarter of Section
32,Township 118,Range 23,Hennepin County,Minnesota, lying South of County Road No. 6,
also known as Watertown Road and West of the following described line: Commencing at the
Southwest corner of said Southeast Quarter of the Southwest Quarter;thence South 89 degrees 54
minutes 36 seconds East assumed bearing,along the South line of said Southwest Quarter of the
Southeast Quarter,a distance of 149.03 feet to the point of beginning of said described line;
thence North 3 degrees 14 minutes 50 seconds East, a distance of 1101.63 feet to the centerline of
County Road No. 6,also known as Watertown Road,and there terminating(hereinafter the
Property");
WHEREAS,the Applicant has applied to the City of Orono for front and side yard setback
variances from City Code Section 78-395 in order to construct new covered entryways on an existing
home; and
WHEREAS,on October 16,2023,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 October 16,2023,the Planning Commission voted 6 to 0 in favor of a motion to
recommend approval of the variance as applied;and
WHEREAS,on November 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:
1
p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7423
KEsHOt''
FINDINGS OF FACT:
1. This application was reviewed as Zoning File#LA23-000053. 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.
3. The Property contains 4.85 acres.
4. Applicant has applied for the following variances:
a. Front Yard Setback
b. Side Yard Setback
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 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 variances to construct a 43 square foot front porch and expand the roof
over two other entry ways is in harmony with the ordinance. The existing home is nonconforming
as it relates to front and side yard setbacks and the proposed expansions do not protrude any closer
to the property lines. The improvements are minimal and do not change the character of the home.
This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan." The variances to permit a reasonable front entry to the home and extend the roof over two
other doors to the home is reasonable and consistent with the comprehensive plan.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.
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D CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A 10111L-
q'ESHO
G~NO. 7423
The owner's request is reasonable and the minimum necessary to achieve the goal of
covering the entry ways. The proposal does not extend any further towards the property
lines and meets all other zoning requirements. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.
The existing home on the property was constructed over 50 years ago and predates the
current zoning code. The homeowner is not responsible for the placement of the existing
home; and
c. The variance, if granted, will not alter the essential character of the locality."
The proposed covered entryways are minimal and will not impact the character of the home
or neighborhood. 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 home 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 home was constructed prior to the current zoning code and is
nonconforming as it relates to front and side setbacks.This condition is peculiar to the subject 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 existing original home on the subject property is a unique condition. This criterion is
met.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7423
1KESHO
10. "The granting of the application is necessary for the preservation and enjoyment of a substantial
property right of the applicant.". The proposed covered entryways will allow for the better function
and use of the home. The proposal has designed the minimum size necessary to achieve the goal and
maintain the character of the home.
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." The variance will not impair health,
safety,comfort or morals and will not be contrary to the zoning chapter.
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 requested is necessary as the home is
constructed beyond the required front and side yard setbacks.The covered entryways have been
designed so that it is minimally impactful and do not further decrease the nonconforming setbacks.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants variances
from Orono Municipal Zoning Code Section 78-395 to allow the construction of three new covered
entryways on an existing house 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& 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(November 13,2024).
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 13th day of November, 2023.
4
O CITY OF ORONOiiRESOLUTIONOFTHECITYCOUNCIL
G` NO. 7423
DES H O
ATTEST:CITY OF ORONO:
C ine Lus. n ity Clerk Dennis Walsh, Mayor
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Resal.No.7423
Exhibit B
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Resol.No.7423
Exhibit B
Jim and Kim Horton Residence
3765 Watertown Road
Orono, MN
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