HomeMy WebLinkAboutResolution 7482 Variance LAND TYPE Abstract (A)
DOC NUM 11293699
Certified, filed and/or recorded on
Jun 25, 2024 10:11 AM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 176 Pkg ID 2684495E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on May 28,2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on May 28,2024.
C e Lusian,`City Clerk
F1•,
f ,
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
; NO. 7482
`-1kES H Qv-1`
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO.LA24-000024
WHEREAS,on April 17,2023,Revolution Design Build on behalf of Mary and David O'Keefe
(hereinafter the"Applicant"),applied for a variance from the City Code for the property addressed 2890
Goldenrod Way and legally described as:
Lot 2, Block 1,DUMAS ORCHARDS,according to the plat thereof on file and of record in the
office of the County Recorder in and for Hennepin County,Minnesota. which lies northerly of
Line described as the following: Line 1. Commencing at Right of Way Boundary Corner B8 as
shown on Minnesota Department of Transportation Right of Way Plat No. 27-130 as the same is
on file and of record in the office of the County Recorder in and for said County;thence on an
azimuth of 90 degrees 48 minutes 58 seconds along the boundary of said Plat for 81.52 feet to
Right of Way Boundary Corner B9 and the point of beginning of the line to be described;thence
on an azimuth of 94 degrees 32 minutes 40 seconds for 230.68 feet to Right of Way Boundary
Corner B 12 as shown on said Plat 27-130 and there terminating:Containing 1.71 acres,more or
less.(hereinafter the"Property");
WHEREAS,the Applicant has applied to the City of Orono for a lot area variance from City
Code Section 78-420 in order to construct a new home;and
WHEREAS,on May 20,2024,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 May 20,2024,the Planning Commission voted 6 to 0 in favor of a motion to
recommend approval of the variance as applied; and
WHEREAS,on May 28,2024 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
� CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A� HG� NO.7482
t�xrs a1-�
FINDINGS OF FACT:
I. This application was reviewed as Zoning File#LA24-000024. 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-1B One Family Rural Residential Zoning District.
3. The Property contains 74,052 square feet in area and has a defined lot width of 230 feet.
4. The Property is outside to the Stormwater Quality Overlay District.
5. Applicant has applied for the following variances:
a. Lot Area
6. 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:
I. "Variances shall only be permitted when they are in harmony with the general purposes and intent
of the ordinance . . . ."The requested lot area variance is the minimum necessary to develop the
property and will result in a new home that is conforming to all other zoning requirements. The
request is in harmony with the ordinance. This criterion is met.
2. "Variances shall only be permitted. . . when the variances are consistent with the comprehensive
plan."The requested variance will result in a single-family home in a residential district;therefore,
it is 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.
2
icL01T0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
$. P4. NO. 7482
!'xrSH ov-4"
The proposed home is reasonable as it will meet all zoning setbacks and structural
coverage. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.The property is unique as it was acquired and used for a short period of time by
MnDOT as right-of-way. When it was no longer required it was reduced in size and sold
as a parcel of land that is substandard to the current zoning district. The property owner
has no control over the size of the parcel. The owner did not create the lot and is proposing
structures in locations that conform to the district standards. This criterion is met;and
c. The variance, ifgranted, will not alter the essential character of the locality.
The proposed scale and location of the home will not alter the character of the adjacent
residential 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-1 B 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 lot was originally platted as a conforming 2-acre parcel in
1983. MnDOT acquired the land as right-of-way to support the highway construction project.
Recently MnDOT sold the land but kept the southern portion to be maintain as right-of-way for the
Highway 12 corridor. The property size was determined by MnDOT under these unique
circumstances.This criterion is met.
9. "The conditions do not apply generally to other land or structures in the district in which the Iand is
located. The unique and existing conditions do not apply to other land or structures in the
neighborhood or district.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."Without the variance, the property would not be buildable as it is
3
��11tQ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
;$ 4 NO. 7482
t'l kt:s H o9-1"
substandard in size to the current zoning district. The variance is necessary to preserve the primary
property right of the owner.This criterion is met.
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 granting of the requested variance is necessary
to alleviate a considerable difficulty impacting the property. 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 78-420 to allow the construction of a single family house on
a substandard lot 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 by the Applicant and annotated by
City staff(hereinafter the "Plans"), attached to this Resolution as Exhibits A.
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(May 28,2025).
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.
4
�OJ CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7482
t"�kFsxo��
ADOPTED by the Orono City Council on this 28th day of May, 2024.
ATTEST: CITY OF ORONO:
C ine Lusi , ity Clerk Dennis Walsh, Mayor
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STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on May 28, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on May 28,2024.
�y� �r .1 C e Lusian Clerk
"`�- °rl`;1!'
"ie-f9f,r0 "
w{:
s OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� c` NO. 7482
`�x£SHO3-‘c
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO. LA24-000024
WHEREAS,on April 17,2023,Revolution Design Build on behalf of Mary and David O'Keefe
(hereinafter the"Applicant"),applied for a variance from the City Code for the property addressed 2890
Goldenrod Way and legally described as:
Lot 2,Block 1, DUMAS ORCHARDS, according to the plat thereof on file and of record in the
office of the County Recorder in and for Hennepin County, Minnesota.which lies northerly of
Line described as the following: Line 1. Commencing at Right of Way Boundary Corner B8 as
shown on Minnesota Department of Transportation Right of Way Plat No. 27-130 as the same is
on file and of record in the office of the County Recorder in and for said County; thence on an
azimuth of 90 degrees 48 minutes 58 seconds along the boundary of said Plat for 81.52 feet to
Right of Way Boundary Corner B9 and the point of beginning of the line to be described;thence
on an azimuth of 94 degrees 32 minutes 40 seconds for 230.68 feet to Right of Way Boundary
Corner B12 as shown on said Plat 27-130 and there terminating: Containing 1.71 acres,more or
less. (hereinafter the"Property");
WHEREAS,the Applicant has applied to the City of Orono for a lot area variance from City
Code Section 78-420 in order to construct a new home; and
WHEREAS,on May 20,2024,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 May 20,2024,the Planning Commission voted 6 to 0 in favor of a motion to
recommend approval of the variance as applied; and
WHEREAS,on May 28,2024 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
*IlL"'
ONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� G; NO. 7482
kES HORt
FINDINGS OF FACT:
1. This application was reviewed as Zoning File#LA24-000024. 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-1B One Family Rural Residential Zoning District.
3. The Property contains 74,052 square feet in area and has a defined lot width of 230 feet.
4. The Property is outside to the Stormwater Quality Overlay District.
5. Applicant has applied for the following variances:
a. Lot Area
6. 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 requested lot area variance is the minimum necessary to develop the
property and will result in a new home that is conforming to all other zoning requirements. The
request is in harmony with the ordinance. This criterion is met.
2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive
plan."The requested variance will result in a single-family home in a residential district;therefore,
it is 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.
2 '
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7482
`�KfSHO��
The proposed home is reasonable as it will meet all zoning setbacks and structural
coverage. This criterion is met.
b. The plight of the landowner is due to circumstances unique to his property not created by the
landowner.The property is unique as it was acquired and used for a short period of time by
MnDOT as right-of-way. When it was no longer required it was reduced in size and sold
as a parcel of land that is substandard to the current zoning district. The property owner
has no control over the size of the parcel. The owner did not create the lot and is proposing
structures in locations that conform to the district standards. This criterion is met; and
c. The variance, if granted, will not alter the essential character of the locality.
The proposed scale and location of the home will not alter the character of the adjacent
residential 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-1B 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 lot was originally platted as a conforming 2-acre parcel in
1983. MnDOT acquired the land as right-of-way to support the highway construction project.
Recently MnDOT sold the land but kept the southern portion to be maintain as right-of-way for the
Highway 12 corridor. The property size was determined by MnDOT under these unique
circumstances. 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 unique and existing conditions do not apply to other land or structures in the
neighborhood or district. 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." Without the variance, the property would not be buildable as it is
3
i----;4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
G;'�f S H o�� NO. 7482
substandard in size to the current zoning district. The variance is necessary to preserve the primary
property right of the owner. This criterion is met.
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 granting of the requested variance is necessary
to alleviate a considerable difficulty impacting the property. 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 78-420 to allow the construction of a single family house on
a substandard lot 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 by the Applicant and annotated by
City staff (hereinafter the "Plans"), attached to this Resolution as Exhibits A.
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(May 28, 2025).
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.
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yt, ; NO. 7482
kESHO‘1*-�
ADOPTED by the Orono City Council on this 28th day of May, 2024.
ATTEST: CITY OF ORONO:
Ch ine Lusi , ity Clerk Dennis Walsh, Mayor
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Hennepin County.>Prow ty.>Prop Lty information search>PINS home>Address search results
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This database is updated daily(Monday-Friday)at approximately 9:15 p.m.(CST)
Property ID number: 33-118-23-24-0047
Address: 2890 GOLDENROD WAY
Municipality: ORONO
School district: 278
Watershed: 3
Sewer district:
Construction year:
Owner name: DL&MA OKEEFE
Taxpayer name and address: DAVID L OKEEFE
MARY A OKEEFE
545 D'CHENE CIR
MINNETRISTA MN 55359
Property tax information
taxinfolehennepin.us
Phone:612-348-3011
A-600 Government Center
300 South 6th Street
Minneapolis,MN 55487
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Sales information
Sales prices are reported as listed on the Certificate of Real Estate Value and are not warranted to represent arms-length transactions.
NO SALE INFORMATION ON FILE FOR THIS PROPERTY.
_Tax parcel description
4 ,
The following is the County Auditor's description of this tax parcel.It may not be the legal description on the most recent conveyance document recording
ownership.Please refer to the legal description of this property on the public record when preparing legal documents for recording
Addition name: DUMAS ORCHARDS
Lot: 002
Block: 001
Approximate parcel size: IRREGULAR
Metes&Bounds:Common abbreviations LOT 2,BLOCK 1,DUMAS ORCHARDS WHICH
LIES NORTHERLY OF LINE 1 DESCRIBED
BELOW:LINE 1:COMMENCING AT RIGHT
OF WAY BOUNDARY CORNER 88 AS SHOWN ON
MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO.
27-130 AS THE SAME IS ON FILE AND OF
RECORD IN THE OFFICE OF THE COUNTY
RECORDER IN AND FOR SAID COUNTY;
THENCE ON AN AZIMUTH OF 90 DEGREES 48
MINUTES 58 SECONDS ALONG THE BOUNDARY
OF SAID PLAT FOR 81.52 FEETTO RIGHT
OF WAY BOUNDARY CORNER B9 ANDTHE
POINT OF BEGINNING OF THE LINE TO BE
DESCRIBED;THENCE ON AN AZIMUTH OF 94
DEGREES 32 MINUTES 40 SECONDS FOR
230.68 FEETTO RIGHT OF WAY BOUNDARY
CORNER B 12 AS SHOWN ON SAID PLAT
27-130 AND THERE TERMINATING
Abstract orTorrens: ABSTRACT
Value and tax summary for taxes payable 2024
Values established by assessor as of January 2,2023
Estimated market value:
Taxable market value:
Total improvement amount:
Total net tax:
Total special assessments:
Solid waste fee:
Total Tax: Go to taxes due
Pro ep�ty information detail for taxes payable 2024
Values established by assessor as of January 2,2023
Values:
Land market:
Building market:
Machinery market:
Total market:
Qualifying improvements:
Veterans exclusion:
Homestead market value
exclusion:
Classifications:
Property type: VACANT LAND-
RESIDENTIAL
Homestead status: NON-HOMESTEAD
Relative homestead:
Agricultural
Exempt status:
0•
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