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Home My WebLink AboutResolution 1255 s l Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1255 • � • • A RESOLUTION DENYING AN APPLICATION FOR A VARIANCE AND A CONDITIONAL USE PERMIT FOR A THREE-UNIT, PLANNED RESIDENTIAL DEVELOPMENT OF PROPERTY LOCATED AT 3220 NAVARRE LANE WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. , the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety, and general welfare; and WHEREAS, John Arnott and John Muehlberg have applied for zoning variances and a conditional use permit for a Planned Residential Development intending to create three dwelling units within the existing • structure on the subject property legally described below: Lot 64 - Wallace ' s Addition to the Village of Minnetonka Beach WHEREAS, pursuant to a previous application concerning the property on September 11, 1979 , the Council of the City of Orono adopted Resolution #1070 requiring that all future use of said property must conform to LR-1C Zoning District standards; and WHEREAS, the City Council has reviewed the application; the recommendations of staff and the Planning Commission; comments and letters submitted by neighborhood citizens; and comments made by the applicants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby denies the conditional use permit application and the many variances required by said application based upon the following findings of fact: 1. The subject property is located in the LR-1C Zoning District. 2. A three-unit, Planned Residential Development of the subject property would require the following variances from Zoning Code provisions: • a) Area variance - Section 38 .610 Required area is 63 , 340 sq. ft. Existing area is 7,000 sq. ft. Variance proposed is 56 , 340 sq. ft. or 89� PAGE 1 OF 5 • l Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1255 • � • � b) Front yard setback variance - Section 34 . 552 Required - 30 ' Existing - 9 ' Variance - 21 ' or 700 c) Side yard setback variance - Section 34 . 552 Required - 10 ' Existing - 2 ' Variance - 8 ' or 800 d) Rear yard setback variance - Section 34 . 552 Required - 30 ' Existing - 6 ' Variance - 24 ' or 80� e) The location of the garage stalls will require the • • backing-out on a public street requiring a variance to Section 37. 150 f) There is insufficient area to satisfy off-street parking. Requirements require a variance to Section 38 . 200 . g) There is insufficient area to satisfy open space requirements per Section 38 . 630 . h) There is insufficient area to satisfy required setbacks for off-street parking Section 38 . 201. i) A hardcover variance would be required for the existing structure and additional improvements required to support three residential units. The lot is allowed 2 ,450 sq. ft, of hardcover. The existing structure already exceeds the allowed amount by 430 sq. ft. 3 . The granting of the required variances would result in the following violations of Section 32 . 340 of the Zoning Code with which the applicant must first comply before the required variances can be granted: a) The variances would have an adverse effect upon the • health, safety and welfare of the community for the reasons outlined herein. PAGE 2 OF 5 ` Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL • NO. 1255 • - • • b) The safety and welfare of the community would be adversely affected for the reasons outlined herein, especially, increased traffic and drainage problems. c) The values of surrounding properties will be adversely affected. d) There are no special conditions applying to the land in question which are peculiar to the land or immediately adjoining property. e) The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicant. f) The granting of the variances will impair the health, • . safety, comfort and be contrary to the intent of the Zoning Code and Comprehensive Plan. g) The granting of the variances will serve merely as a convenience to the applicant, and is not necessary to alleviate demonstrable hardship or difficulty. 4 . The applicants have stated that a three-unit development is necessary to cover the cost of construction. A financial hardship is not a valid hardship to justify the many excessive variances requested from established zoning performance standards. 5. The proposed use is a non-conforming use of the property and, therefore, not a permitted use per Resolution #1070 . 6 . The proposed conditional use permit for a PRD does not conform to requirements of 38 . 600 et. seq. , specifically, 38 . 630 and 38 .640 , nor does it meet the intent of Section 38 .600 for PRD' s within the City of Orono. 7. The code would allow a duplex by conditional use permit within 200 ' of Commercial District, but there is no provision for a triplex without rezoning to M-6 . The following findings can be made concerning the current • application: PAGE 3 OF 5 • e • l Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1255 • � • • a) There is no application for rezoning. b) Property is beyond 200 ' from Commercial District so it is not suitable for duplex without distance variance . c) The City cannot grant variances to allow three units instead of two, because that would be a "use" variance prohibited by Statute 462. 357, Subdivsion 6 . 8 . The proposed intense use of this property would be adverse to the intent of the Comprehensive Plan. 9 . A single family residential use of the property is compati- ble with the residential character of the surrounding neighborhood. �0 . The applicants have stated for the record that they would • , be unwilling to consider a single family residential use of the structure . 11 . The Council would look favorably on an application that involved the remodeling of the existing structure to a single dwelling unit. 12 . The Council would look favorably on an application that involved the removal of the existing structure and a single family residence erected in its place meeting all the standards of the LR-1C Zoning District. .13 . The Council is concerned that three residential units on this property would significantly add to the traffic on Navarre Lane and would add to the potential traffic hazards, particularly at the intersection of Navarre Lane and Kenwood Way. 14 . The Council is concerned that initiation of this intense use of a substandard property would open the door to future demands for intensified use of surrounding substandard neighborhood lots and, thereby, be a further detriment to the neighborhood. 15. Denial of a three-unit Planned Residential Development • conditional use permit does not deny reasonable use of the property since the lot may be used for a single family PAGE 4 OF 5 � t • ` Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. 1255 • - • • residential purpose consistent with the applicable provisions of the Zoning Code and the City 's Comp- rehensive Community Management Plan. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held March 9 , 1981. � / ;! i' / � , � ' U �-�t�n `�� i iam . Van es , Mayor • ATTEST: . , �' � Wa ter . enson, ity A inistrator �_-�� Alberta Strom, City Clerk • PAGE 5 OF 5