HomeMy WebLinkAboutResolution 4770 0
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10. CITY of ORONO
� 3'09)11�� C) / RESOLUTION OF THE CITY COUNCIL
NO. 4
A RESOLUTION GRANTING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3
FILE NO. 02-2755
WHEREAS,the City of Orono is owner of the property located at 340 Willow Drive
North within the City of Orono (hereinafter"the City") and legally described as follows:
All that part of the Southwest 1/4 of Section 34,Township 118 North,Range 23 West
of the 5th Principal Meridian,described as follows: Beginning at a point on the West
line of said Southwest 1/4 distant 1876 feet North of the Southwest corner thereof;
thence North along said West line 387.8 feet;thence East parallel with the South line
of said Southwest 1/4 a distance of 693 feet;thence South parallel with said West line
387.8 feet; thence West 693 feet to the point of beginning.
Hennepin County,Minnesota
• (hereinafter"the property"); and
WHEREAS, said property is being subdivided which will result in the creation of
an outlot, a public road, and a building lot for the proposed Long Lake Fire Station to be owned
jointly by the Cities of Orono and Long Lake, said building lot to be hereinafter referred to as"Lot
1"; and
WHEREAS,for zoning purposes the City Council of Orono has determined that the
Fire Station to be constructed on Lot 1 shall be subject to zoning performance standards similar to
those required for a school, church or other institutional or municipal building in a residential zone
in the City of Orono,said standards requiring a 50'building setback from all lot lines per Municipal
Zoning Code Section 10.20, Subd. 3; and
WHEREAS, Ronald J. Moorse on behalf of the City of Orono has applied to the
City for a variance to Municipal Zoning Code Section 10.20, Subd. 3 to permit the construction of
the Long Lake Fire Station at a setback of 40'from the south lot line of Lot 1 where a 50' setback is
normally required; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 19, 2002, at which time all persons desiring to be
1110 heard concerning this application were given the opportunity to speak thereon.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#02-2755.
2. The property is located within the RR-1B Single Family Rural Residential Zoning
District requiring a minimum of two acres of contiguous dry buildable land within
each newly created residential lot. The property is guided by the 2000-2020 Orono
Community Management Plan for single family residential use at a density of 2-3
units per acre. Municipal buildings are a Permitted Use in the RR-1B zone, and the
Fire Station to be constructed on Lot 1 is considered by definition as a municipal
building.
• 3. Lot 1 will contain land totaling 2.04 acres in area.
4. There are no City-protected wetlands located on the property. However,a preliminary
wetland delineation completed for the property has confirmed that linear wetlands
protected under the Wetland Conservation Act(WCA) exist along the southerly and
easterly borders of the property,such wetlands being approximately 0.58 acres in area.
Lot 1 will contain approximately 1.90 acres of non-wetland area and 0.14 acres of
wetland.
5. The Orono Planning Commission reviewed this application on February 19,2002 and
recommended approval of the variance by a vote of 6 to 0, finding that the variance
is supported by hardships as stated in the staff memo dated February 15,2002 and that
the variance will have no impact on the neighborhood or adjacent properties.Planning
Commission recommended that approval be revoked,however,if the sixth bay of the
Fire Station is not constructed,thereby making the building smaller and negating the
need for the variance.
6. The City Council hereby makes these additional findings of fact:
a) The site plan for the Fire Station has been developed by the joint Fire Station
Committee and reviewed by both City Councils. Site layout has been
significantly influenced by a number of factors including:
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1) the necessary north-south building orientation to allow for direct fire
apparatus exit onto Willow Drive without requiring additional turning
movements;
2) driveway aprons required on east and west sides of the building bays
to allow for fire apparatus ingress/egress, necessitating that
administrative and training spaces be located on the north or
south ends of the building;
3) road/driveway access to the rear of the building must allow for the
necessary wide turning radius of fire apparatus;
4) proximity to the existing/future Willow Drive bridge over the RR and
the new Highway 12 route;
• 5) site limitations imposed by width of the site,as well as by the location
of existing linear wetlands on the site, and the need to create a road
corridor to provide access to the rear of the property for future
residential use;
6) soil conditions which require extensive soil correction work and which
limit use of the southerly portion of the site for building purposes.
b) The setback variance for the fire station is directly attributable to the
occurrence of linear wetlands along the south property boundary. These
wetlands must be preserved to the greatest extent possible, and a 16' buffer
is additionally required. Due to minimum City requirements for road and
shoulder widths, the road/driveway corridor had to be widened to 60' as it
enters the site from Willow, and even wider to minimize wetland impacts
toward the rear of Lot 1.Nevertheless,a road corridor is necessary to access
the rear of the site. A road corridor along the north lot line would be
undesirable from a safety standpoint due to proximity to the Willow Drive
Bridge over new 12 coupled with the dual fire apparatus return access and
residential use this corridor must serve. The most feasible location for the
road corridor is south of the station,and the characteristics of the land dictate
the location of the corridor.
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c) The location of the fire station is relatively fixed based on the need for parking
lot access and parking stalls on the north end of the building, minimum
setback requirements, and the required length of the building to serve the
needs of the fire department. Moving the building an additional 10'northward
to avoid the variance would have resulted in re-design of the site plan and the
building.
d) The planned construction of a temporary bridge over the new Highway 12
corridor which will impact a significant portion of the northwest corner of the
site, makes it impossible to shift the building to the north. Also, a stand of
mature coniferous trees would be destroyed if the building was moved to the
north.
e) The basis for a 50'side street setback requirement for institutional/municipal
• buildings is to minimize the impact on the surrounding neighborhood. The
fire station will be situated 100 feet from the south lot line of the property,and
the road will be moved further off the lot line to avoid impacting the linear
wetlands. Both factors tend to minimize impact of the variance on the only
directly affected neighboring property,the Miller residence to the south. That
residence is located approximately 100' from its north lot line,or about 200'
from the fire station building.
7. The City Council finds that the conditions existing on this property and in relation
to Lot 1 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 applicants,but is necessary to alleviate a demonstrable
hardship or 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.
8. The City Council has considered this application including the findings and
recommendations of the Planning Commission,reports by City Staff, comments by
the applicants and the effect of the proposed variance on the health, safety and
welfare of the community. -
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?=- - CITY of ORONO
`i {+i;1 t,� / RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Municipal Zoning Code Section 10.20, Subd. 3 to permit the construction of the Long
Lake Fire Station at a setback of 40'from the south line of Lot 1 rather than the 50'setback required,
subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit A. Any amendments to the site plan may require further Planning
Commission and City Council review.
2. In the event that the sixth bay of the Fire Station is not built, this variance approval shall
become null and void and a 50' setback shall be met.
3. Authorities granted by this variance run with the property not with the applicants, but are
permissive only and must be exercised by application for a building permit within one year
of the date of Council approval, or this variance will expire on that date (March 11, 2003).
4. Violation of or non-compliance with any of the terms and conditions of this variance 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, understood and hereby agrees to the terms of this
resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the
recording of this resolution in the Chain of Title of Lot 1 immediately upon filing of the plat
creating Lot 1.
Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 11 th
day of March, 2002.
ATTEST:
6111
Linda S. Vee, City Clerk Barbara Peterson, Mayor
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(For the City of Long Lake) (For the City of Orono)
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---,1;„ �- CITY of ORONO
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1kESH�j NO. 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this Z/t'day of /uu rc) ,2002
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
Nota Public
., . �r'.ISSA A.V'i ll'T7RNHEIMER
STATE OF MINNESOTA
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COUNTY OF HENNEPIN R �;� 31,2006
The foregoing instrument was acknowledged before me on2.. y 4
g g g this� day of �'� �1 ,2002
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
RACHEL DODGE .
NOTARY PUBLIC-MINKS,'OTA / C �7c,�
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/ My Commission Expires Jan,31,2005
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of , 20
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of
a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the same
as his/her/their free act and deed.
Notary Public
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1111 770v• . .
_,-^ �4�-':' _ CITYof ORONO
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`�44i C'� %t:/ RESOLUTION OF THE CITY COUNCIL
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NO. 77 0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of , 20 ,
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of ,
a credible witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same
as his/her/their free act and deed.
Notary Public
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1111
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