HomeMy WebLinkAboutResolution 6489 �o�o
C ITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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� 6489
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A RESOLUTION DENYING
AN AMENDMENT OF THE RPUD AGREEMENT
FOR THE PLAT OF OLIVER HILL
- FILE #14-3685
WHEREAS,the City of Orono (hereinafter the "City") is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted land development regulations for the orderly, economic and safe development of
land within the City; and
WHEREAS, The Broadway Group, LLC (hereinafter "Developer") is the
developer of the subdivision known as Oliver Hill, Hennepin County, Minnesota and has
requested an amendlnent of the Development Contract and Residential Planned Unit
Development Agreement for Oliver Hill dated September 30, 2014 (hereinafter "the RPUD
Agreement")to revise the limitations on Lot Coverage for two of the seven lots; and
WHEREAS, the City Council ganted preliminary plat approval for the plat of
Oliver Hill in February 2014 via Resolution No. 6368, within which one of the listed Findings
was that it would be appropriate to impose a 15% Lot Coverage by Structures limit rather than a
Floor Area Ratio on each lot within the development. The basis for this was noted in the
December 5, 2013 staff inemo as follows:
"Noting that the developer is planning to build modestly priced and sized homes, Planning
Commission recommended that the 15% lot coverage standard be imposed on this
development rather than the RPUD standard 50% Floor Area Ratio (FAR). The 50% FAR
would likely allow for much larger homes to be constructed if no 15% limit is in place. The
developer has no objection to this limitation."; and
WHEREAS, the 15% Lot Coverage requirement was included in the final plat
approvals and incorporated into the RPUD Agreement as Paragraph 23(G); and
WHEREAS, during the City plan review far a new home to be constructed on
Lot 2 Block 2 it was discovered that the structural coverage as proposed was approximately 22%,
at which time the building permit was denied; and
WHEREAS, the Developer has proposed a number of options for amending the
RPUD Agreement in order to allow the Lot Coverage on Lot 2, Block 2 at a level of
approximately 22%, suggesting that from an overall development standpoint, it would be feasible
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C ITY OF ORONO
RESOLUT'ION OF THE CITY COUNCIL
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to take excess unusable lot coverage allotment from Lot 2 Block 1 and gant it to Lot 2 Block 2,
while resulting in no overall increase (and potentially a decrease) in the overall lot coverage for
the development as a whole; and
WHEREAS, the Orono Zoning Code does not specifically provide for a transfer
of development credit from one existing lot to another.
NOW, THEREFORE BE IT RESOLVED that the Orono City Council hereby
denies the request for amendment of the RPUD Agreement based on one or more of the
following Findings:
1. The Developer agreed to the 15% Lot Coverage limitation for each lot after extensive and
careful deliberations with the staff and City Council during the plat approval process.
2. Lot 2 Block 2 has a total area of 17,869 s.f. and the 15% lot coverage limitation would
allow a house footprint of approximately 2,700 s.£ Approval of the request for 22% lot
coverage would result in a footprint of approximately 4,000 s.f. which would not be in
keeping with the sizes of other homes likely to be constructed in the subdivision.
3. Approval of the transfer of development credit from one existing lot to another has the
potential to set a negative precedent and could result in unintended consequences for
future development and redevelopment within the City.
4. The City Council has generally not looked favorably on the granting of Lot Coverage
variances in the past except in the instance of a significant practical difficulty. This
proposal to consider the transfer of Lot Coverage allowance between properties in a
newly approved subdivision is similar in nature to a variance request. Council finds there
is neither a practical difficulty nor justification for the transfer, and that the request is a
result of a situation created by the developer and not inherent to the land.
Adopted by the City Council of Orono this 13th day of April, 2015.
ATTEST: -���
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' e?'iegs, City Clerk Lili Tod McMillan, Mayor
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STATE OF MINNESOTA )
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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 April 13, 2015 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 corpc.rate se�il ��f the City this
/,�`�` day of C�,�� , 2015 ��,
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iane Tiegs, ' ity Cle:fk