HomeMy WebLinkAboutResolution 7493 variance New home LAND TYPE Abstract (A)
DOC NUM 11313005
Certified, filed and/or recorded on
Sep 11, 2024 4:01 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 176 Pkg ID 2709338E
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 July 8, 2024.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city on July 8, 2024.
C e Lusian, ' Clerk
MONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
.111011L.,
F NO. 7493
wk£SH00"
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL CODE
SECTIONS 18-136; 78-350; and 78-1700
AND
GRANTING A CONDITIONAL USE PERMIT
PURSUANT WITH MUNICIPAL CODE SECTION 78-1125
FILE NO. LA24-000033
WHEREAS, on May 22, 2024, the property owners, Ryan Muhlbauer and Sarah Frakes
Muhlbauer(hereinafter the "Applicants"), applied for a conditional use permit and variances from
the City Code for the property addressed 1448 Baldur Park Road and legally described as:
Lot 3, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, in order to redevelop the property with a new home, the Applicants have
made an application to the City of Orono for variances from Orono Municipal Zoning Code
Section 78-350 to allow the following: Lot Area and Lot Width Variances to redevelop a property
with 38 feet of width at the OHWL and 50.5 feet at the 75-foot structural setback from the OHWL
where 100 feet is the minimum width; and A Rear Yard Setback Variance to permit a 29-foot
setback from the rear/street property line where a 30-foot setback is required; and
WHEREAS, the Applicants a variance from Section 78-1700 to permit 32% hardcover
where 25% is normally allowed; and
WHEREAS, included in their application is a request for a variance from City Code
Section 18-136to allow a 24.5-foot-wide driveway (plus flares) at the property line where a
maximum width of 20 feet, plus flares, is normally allowed; and
WHEREAS, the Applicants have made an application to the City of Orono for a
conditional use permit (hereinafter a "CUP") pursuant to Section 78-1125 to permit a deviation
from the required 15-foot perimeter elevation rescue bench to support the home elevated on fill
above the floodplain.
WHEREAS, on June 17, 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
-,cLOATO CITY NO. 7 OF493 ORONO
RESOLUTION OF THE CITY COUNCIL
)!r,4kESH0iLI('
WHEREAS, on June 17, 2024, the Planning Commission recommended approval of the
CUP and variances as noted above; and
WHEREAS, on July 8, 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 variances and CUP 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 all other materials
distributed at these meetings are hereby incorporated by reference.
A2. The Property is located in the LR-1C One Family, Lakeshore Residential Zoning District.
A3. The Property contains 0.23 acres in area and has a defined lot width of 38 feet at the
OHWL and 50.5 feet at the 75-foot setback.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has applied for the following approvals:
a. Lot Width Variance
b. Lot Area Variance
c. Hardcover Variance
d. Driveway Width Variance
e. Conditional Use Permit— Floodplain Rescue Bench
A6. In considering this application for variances and CUP, 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 variances are in harmony
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7493
KESH00'
with the purpose of the Ordinance. The substandard lot has difficulties in its small size
and narrow width, the lack of on-street parking, and the low elevation of the Property
making development difficult.
B2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances requested to rebuild a new home on this
nonconforming lot are 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 allow construction of a new residence on the substandard lot is
reasonable. The proposed hardcover is a reduction from the existing condition.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The substandard lot size is an existing condition, and
there is no additional land available to make the Property more conforming. The
restricted roadway, low topography, lot size and shape, and location are
challenges not created by the owners. It is reasonable to grant variances for the
Property which is substandard regarding lot size. The project has been designed
with an effort toward limiting the additional hardcover without sacrificing
functionality; and
c. The variance, if granted, will not alter the essential character of the locality." The
variances are requested to permit the construction of a new home on the
Property, which is reasonable.
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
3
-szLOAr CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7493
tl'EsHo¢(`
land is located." This condition is not applicable, as a single-family residence is an
allowed use in the LR-1C 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, location,
elevation, and unique configuration create difficulties that also apply to many of the
properties in the same neighborhood. The proposed setback and hardcover level are
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." The Property's substandard area and width create difficulties
similar to other properties in the City. The neighboring properties have similar
challenges.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The proposed size of the home will conform
to the 20% building coverage limit. Reduction of the driveway footprint would result in
additional pressure on the roadway for guest parking creating pressure on the
neighborhood. Granting of the lot area and width, setback, and hardcover variances
are necessary for the preservation of the property rights of the owners.
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." Granting the
variances for lot size, hardcover, and rear setback in this situation is not contrary to the
intent of the zoning chapter.
B12. "The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty." Without variances the Property is
unbuildable. The variances for lot size, setback, and hardcover are necessary and do
not merely serve as a convenience to the Applicants.
CONDITIONAL USE PERMIT ANALYSIS:
The City Council may grant a CUP based on the application and the evidence submitted, the
City must find that the proposed use on the Property is or will be:
C1. Consistent with the community management plan; the proposed development of the
property for residential use is consistent with the community management plan.
4
MONO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
L
s� �: NO. 7493
`1'ESHO�‘"
C2. Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; except the currently requested
variances, the project will conform to all applicable zoning requirements.
C3. Adequately served by police, fire, roads, and stormwater management; in the opinion
of staff, this criterion is met.
C4. Provided with an adequate water supply and sewage disposal system; in the opinion of
staff, this criterion is met.
C5. Not expected to generate excessive demand for public services at public cost; in the
opinion of staff, this criterion is met.
C6. Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; the development of the Property for residential use is
compatible and consistent with the neighborhood and surrounding uses.
C7. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; the development of the Property for
residential use is compatible and consistent with the neighborhood and surrounding
uses.
C8. Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan; in
the opinion of staff this criterion is met.
C9. Not expected to substantially impair the use and enjoyment of the property in the area
or have a materially adverse impact on the property values in the area when compared
to the impairment or impact of generally permitted uses; if it is determined that the
request includes grading and filling within the 100-year floodplain it shall be reviewed
by Minnehaha Creek Watershed District. The proposed reduction of the rescue bench
will not have an adverse impact on the neighborhood.
C10. Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The project should not result in undesirable
views or sustained activity such as disturbing neighbors.
5
MONO CITY NO. 7 OF493 ORONO
RESOLUTION OF THE CITY COUNCIL
��
`li ESHO
C11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; The Applicants
shall adhere to the City's erosion control regulations as well as the permitting
requirements of the MCWD. Timely re-vegetation and stabilization will be a
requirement of the permitting process. The project should not result in a nuisance
condition.
C12. Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; the Applicants shall keep debris off of the public roadways; a haul route
should be provided. The noise resulting from the trucks and equipment moving the
material in and around the site should be minimized to the extent possible. The project
will be evaluated and monitored by the City Engineer and planning staff to minimize
nuisances during the project.
C13. Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; the overall long-term effect of the project should
result in minimal if any environmental impacts.
C14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts; this project should result in no
additional non-residential lighting or glare; and
C15. Not detrimental to the public health, public safety, or general welfare. The project
should not be a detriment to the public health, public safety, or general welfare.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants the
following approvals:
• Lot Area and Lot Width Variances from Section 78-350, to allow redevelopment of the
Property which has 38 feet of width at the OHWL and 50.5 feet at the 75-foot structural
setback from the OHWL where 100 feet is the minimum required width;
• A Rear Yard Setback Variance from Section 78-350, to allow the home to be set 29 feet
from the rear lot line where a 30-foot setback is required;
• A variance from Section 78-1700 to permit 32% hardcover where 25% is normally allowed;
6
iiLOATO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF kC:7� NO. 7493
`lkES H O%f('
• A variance from Section 18-136, to allow a 24.5-foot-wide driveway (plus flares) at the
property line where a maximum width of 20 feet, plus flares, is normally allowed; and
• A CUP under Section 78-1125 to permit a deviation from the required 15-foot perimeter
elevation rescue bench to support the home elevated on fill above the floodplain, subject to
the following conditions:
D1. Council approval is based on the entire record, and the above Findings.
D2. The approved project shall conform to the survey dated 06/04/2024 By Advance
Surveying and Engineering and building plans submitted by the Applicants and
annotated by City staff, attached to this Resolution as Exhibits A & B.
D3. Any amendments to the plans that are not in conformity with City codes may require
further Planning Commission and City Council review.
D4. 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 8, 2025).
D5. 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 8th day of July, 2024.
CITY OF ORONO:
ATTEST:
DulaCCCO
Chris"MITP''-n .ty Clerk Dennis Walsh, Mayor
7
40� CITY OF ORONO
SOLUTION OF THE CITY COUNCIL
y No. 7493
*511111L
Gkf:SHo "
Ryan W. Muhlbauer, Property Owner Sarah E. Frakes Muhlbauer, Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2024,
by Ryan W. Muhlbauer, husband of Sarah E. Frakes Muhlbauer.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2024,
by Sarah E. Frakes Muhlbauer, wife of Ryan W. Muhlbauer.
Notary Public
8
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