HomeMy WebLinkAboutResolution 6514CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 65514
A RESOLUTION
GRANTING VARIANCES
FROM ORONO MUNICIPAL CODE
SECTIONS 78-420
FILE NO. 15-3735
WHEREAS, Chamberlain Capital LLC, a Minnesota limited liability company,
(hereinafter "Owner") is the owner of the property located at 10 Myrtlewood Road within the
City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Myrtlewood,
Hennepin County, Minnesota, (hereinafter "the Property"); and
WHEREAS, The municipal boundary between Orono and Wayzata runs
through the Property and results in the property being divided into two separate parcels with
separate PiDs as follows: Orono 36-118-23-33-0009 (hereinafter the "Orono Portion") and
Wayzata 01-117-23-22-0002 (hereinafter the "Wayzata Portion"); and
WHEREAS, Paul Cameron, (hereinafter the "Applicant") on' behalf of the
Owner, has made application to the City for variances from Orono City Code Section 78-420
in order to construct a new residence on the Property consisting of 163 feet of width and 0.89
acre is area for the Orono Portion and 11 feet of width and 0.15 acres in area for the
Wayzata Portion where 2.0 acres in area and 200 feet in width are required; and
WHEREAS, the Orono Portion of the Property contains less than 1.0 acres in
area therefore the administrative provisions within City Code Section 78-72(2) do not apply;
and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on May 18, 2015, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #15-3735.
2. The Property is located in the RR -1 B zoning district, where 2.0 acres is the
minimum lot area and 200 feet is the minimum defined lot width.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 65?4
3. The Planning Commission reviewed this application on May 18, 2015. The
Planning Commission voted 5 for and 0 against on a motion to approve the
variances for the new home based on the following findings:
a. The Property has approximately 163 feet of width and 0.89 acre is
area for the Orono Portion and 11 feet of width and 0.15 acres in area
for the Wayzata Portion.
b. The threshold for administrative approval of the non -conforming lot
size in this zone is 1.0 acre per City Code 78-72(2); the Wayzata
Portion is not independently buildable, yet brings the Property over the
1.0 acre threshold.
c. The Property is exempt from Orono's Stormwater Quality Overlay
District.
d. The new home is proposed to meet all applicable RR -113 district and
wetland setbacks.
e. The Owner proposes to connect the Property to City Sewer.
f. The Owner proposed to construct a new single family home on the
Property. The variances are in harmony with the general intent and
purpose of the Ordinance.
g. The variances are consistent with the comprehensive plan.
h. The Owner has established that there are practical difficulties.
i. The Owner proposes to use the property in a reasonable manner not
permitted by the official controls.
j. The size and width of the Property are circumstances unique to the
Property not created by the Owner.
k. The Owner's request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
I. The special conditions applying to the structure or land in question are
peculiar to the Property or immediately adjoining properties.
Page 2 of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 6574
m. The granting of the application is necessary for the preservation and
enjoyment of a substantial property right of the Owner.
n. The granting of the proposed variances will not in any way impair
health, safety, comfort or morals, or in any other respect be contrary to
the intent of this chapter.
o. The granting of the requested variances will not merely serve as a
convenience to the Owner, but is necessary to alleviate demonstrable
difficulty.
p. The variances to redevelopment of the Property will alleviate a
practical difficulty inherent to the Property and not created by the
Owner.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff,
comments by the Applicant and the public, and the effect of the proposed
variances on the health, safety and welfare of the community as well as the
impact on properties in the vicinity.
5. The City Council finds that the conditions existing on this Property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the Owner, but is necessary to alleviate a practical
difficulty; is necessary to preserve a substantial property right of the Owner;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants variances from Orono
Orono City Code Section 78-420 in order to construct a new residence on the Property
consisting of 163 feet of width and 0.89 acre is area for the Orono Portion and 11 feet of
width and 0.15 acres in area for the Wayzata Portion where 2.0 acres in area and 200 feet in
width are required; subject to the conditions listed below:
1. Council approval is based on the survey and building pians submitted by the
Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B.
Page 3 of 5
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6514
Any amendments to these plans may require further Planning Commission and City
Council review.
2. The project shall conform to all applicable setbacks and other zoning requirements.
3. Structural coverage is proposed at 9.5% however shall not increase above 15% as
allowed by Code.
4. Authorities granted by this resolution run with the Property not with the Owner, 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 variances will
expire on that date (May 26, 2016).
5. Violation of or non-compliance with any of the terms and conditions of this resolution
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
6. The undersigned Owner has read, understands and hereby agrees to the terms of
this resolution and on behalf of their heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of the Property.
Adopted by the Orono City Council on this 260' day of May, 2015.
ATTEST-
s�
Dian iegs, City Clerk
Page 4 of 5
,is,-. 6 W.)y iu' -
Lili Tod McMil an, Mayor
%Jlouv-��
Property Owner FRawy-r 1Z,
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6514
This instrument was acknowledged before me this ag4' day of �,eP CC rn6,q-
2095 on behalf of Chamberlain Capital LLC, by Pau [-omeroq its
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Notary Public ri
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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 May 26, 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 corporate seal of the City this
11 day of October, 2015.
a
w
Di e iegs, City Clerk