HomeMy WebLinkAboutResolution 6522 , `
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Doc No A10243522
Certified, filed and/or recorded on
Oct 1, 2015 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 47 Pkg ID 1300575M
Document Recording Fee $46.00
Document Total $46.00
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This cover sheet is now a permanent part of the recorded document. ��
(CALY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 522
A RESOLUTION GRANTING
LOT AREA, LOT WIDTH AND
SETBACK VARIANCES
FROM ORONO MUNICIPAL CODE
SECTIONS 78-420
FILE NO. 15-3746
WHEREAS, James Hillier, a single person, (hereinafter the "Applicant") is the
owner of the property located at 1224 Briar Street within the City of Orono (hereinafter
"City") and legally described as: Lot 16, and the South half of Lot 17, Block 2, Maxwell's
Addition to Crystal Bay (hereinafter "the Property"); and
WHEREAS, the Applicant has made application to the City for a variance from
Orono City Code Section 78-420 to permit redevelopment of a property having substandard
area and width which includes setback variances; and
WHEREAS, the Applicants have made application to the City for variances
from Orono City Code Section 78-420 to permit construction of a new residence on a
proeprty having 10,500 square feet (0.24 acres) where 87,120 squares feet (2.0 acres) is
required; and with a width of 75 feet where 200 feet in width is required; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-420 to permit construction a new residence 31.5 feet from
the rear lot line where a 50 foot setback is required; 13.2 feet from the south side lot line and
10.3 feet from the north side lot line where 30 -foot setbacks are required; 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 June 15, 2015, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
1. This application was reviewed as Zoning File #15-3746.
2. The Property is located in the RR -1B One Family Residential Zoning District which
requires a minimum lot area of 2.0 acres and a minimum lot width of 200'.
3. The Planning Commission reviewed this application on June 15, 2015, the Planning
Page 1 of 5
RESOLUTION OF THE CITY COUNCIL
NO. 6522
Commission voted 6 in favor and 0 opposed on a motion to recommend approval
variances as requested based on the following findings:
a). The Property contains 10,500 square feet in area and has 75 -feet in width.
b). The variance to allow construction of a new home the Property which is
substandard with respect to area and width will alleviate a practical difficulty
inherent to the Property and was not created by the Applicant.
c). The Applicant's proposal results in 2,399 square feet of hardcover or 22.8%
where 30% is the maximum permitted by code; the proposed structural
coverage is conforming at 14% or 1,477 square feet.
d). The proposed setbacks for the new home are not out of character with the
neighborhood; the front setback will be met.
e). The variance to construct a home on the Property which results in less than
15% structural coverage is in harmony with the general intent and purpose of
the Ordinance.
f). The variance to permit construction of a new residence in a residential district
is consistent with the comprehensive plan.
g). The Applicant has provided a survey reflecting the limited building envelope
on the Property which is substandard lot area and lot width establishing that
there are practical difficulties.
h). The Applicant proposes to use the property in a reasonable manner not
permitted by the official controls;
i). The circumstances unique to the Property were not created by the landowner.
j). The required setbacks result in a legal 15 -foot by 40 -foot building footprint; a
house of that size would be inconsistent with the neighborhood. Further, not
granting the variances will alter the essential character of the locality. The
proposed home will be consistent with the neighborhood, and will not
adversely impact adjacent lakeshore properties.
k). The granting of the variances to allow redevelopment of the Property is
necessary for the preservation and enjoyment of a substantial property right of
the Applicant.
Page 2 of 5
`' Y OF X31 ONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 52 2
I). The proposal results in a 31.5' rear setback; a 10.3' setback on the north side;
and a 13.2' setback on the south side allowing for adequate drainage and
open space separation. 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.
m). The granting of the requested variances will not merely serve as a
convenience to the Applicant, but is necessary to alleviate demonstrable
difficulty.
4. The City Council considered this application at a meeting on July 13, 2014 including
the findings and recommendations of the Planning Commission, reports by City staff,
comments by the Applicants 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
variances 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 Owners, but is necessary to alleviate a practical difficulty; is necessary to
preserve a substantial property right of the Applicants; 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 on the above findings, City Council of Orono, Minnesota hereby grants a variance
from Orono Municipal Zoning Code 78-420 in orde to permit redevelopment of a property
having substandard area and width which includes setback variances; variances from Orono
City Code Section 78-420 to permit construction of a new residence on a proeprty having
10,500 square feet (0.24 acres) where 87,120 squarea feet (2.0 acres) is required; and with
a width of 75 feet where 200 feet in width is required; and a variance from Orono City Code
Section 78-420 to permit construction a new residence 31.5 feet from the rear lot line where
a 50 foot setback is required; 13.2 feet from the south side lot line and 10.3 feet from the
north side lot line where 30 -foot setbacks are required subject to the following conditions:
1. Council approval is based on the survey and building plans submitted by the
Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B.
Any amendments to these plans may require further Planning Commission and City
Council review.
Page 3 of 5
RESOLUTION OF THE CITY COUNCIL
NO 6522
2. Hardcover is proposed at 2,399 square feet or 22.8%, however shall not increase
above 3,150 square feet or 30% as permitted in Tier 2. Any changes to the plans or
the Property which result in an increase in hardcover above the existing or allowed
levels are not approved as part of this variance request.
3. Authorities granted by this resolution run with the Property not with the Applicant, 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 (July 13, 2016).
4. 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.
5. The undersigned Applicant 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.
ATTEST:
Adopted by the Orono City Council on this 13`h day of July, 2015.
S
S, City Clerk Lill Tod McMillan, Mayor
Page 4 of 5
ProwiArs
STATE OF MINNESOTA
COUNTY OF HENNEPIN
' IT'S OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO
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This instrument was acknowledged before me this e; day of
(by James Hillier, a single person.
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Page 5 of 5
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