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Home My WebLink AboutLA18-000033 (18-4000) J.M (1335 Arbor St) Var Ex A Resolution CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-420 and 78-305 FILE NO. LA18-000033 (18-4000) WHEREAS, on December 13, 2018, Barbara Garcia (“Applicant”), applied for a variance from the City Code for the property addressed 1335 Arbor Street and legally described as: Lot 1, Block 2, MARKVILLE Hennepin County, MN (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow front, side and side street setbacks; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow lot area and lot width; and WHEREAS, on April 16, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 16, 2018, the Planning Commission recommended approval of the variances; and WHEREAS, on May 14, 2018, 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 variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA18-000033 (18-4000). The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 2. The Property is located in the RR-1B Zoning District. 3. The Property contains 0.2 acres in area and has a defined lot width of 52 feet. 4. The Property is within Tier 3 and hardcover is limited to 35 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Front Yard b. Side Yard c. Street Side Yard d. Lot Area e. Lot Width 6. In considering this application for variance, 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: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The applicant is proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance. The lot width and lot area variances are consistent with the general intent of the Ordinance. The variances for a 40’ front, 7.5’ interior side and 8.5 street side request is reasonable considering the configuration and buildable area of the property. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The variances resulting in a permit for a new single family residence in a residential zone are consistent with the Comprehensive Plan. 3. “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 applicant is proposing use of the property in a reasonable manner with the construction on a single family home. There is limited space to construct a conforming structure on the site. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the property owner is due to the existing substandard lot size and shape, and its uniqueness being a lot abutting 3 streets. c. The variance, if granted, will not alter the essential character of the locality.” The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 5. “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. 6. “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 land is located.” This condition is not applicable, as the use for a single family home is an allowed use in the RR-1B District. 7. “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. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The size of the lot with in the RR-1B zoning district and abutting 3 streets is unique for the requested lot width, lot area and setback variances. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Staff finds this statement to be true to allow for construction of a single family home on this parcel. 11. “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 of the CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The application has stated the narrow corner lot has setback challenges for construction of a single family home. The property is unique in size location between three streets. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 and 78-305 to allow front yard, side yard street side yard, lot area and lot width, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated April 26, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. 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 framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (May 14, 2019). 5. 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 14 day of May, 2018. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor