HomeMy WebLinkAboutResolution 2235 ; _
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• RESOLUTION OF THE CITY COUNCIL
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A RESOLDTION GRANTING A VARIANCE TO MQNICIPAL ZONING CODE
SECTIONS 10.27 SIIBDIVISION 5; 10.03 SUBDIVISION 6(A); 10.20
SDBDIVISION 3(M); AND 10.03 SDBDIVISION 9(D); AND GRANTING A
VARIANCE TO SECTION 10.55 SIIBDIVISION 8 AND A CONDITIONAL IISE
PERMIT PER SECTION 10.55 SUBDIVISION 10 - FILE NO. 1161 AND 1162
WHEREAS, Randall J. Weestrand (hereinafter "the applicant"} has an
interest in the property located at 525 Orchard Park Road within the City
of Orono (hereinafter "City") and legally described as follows:
The north two fourths of the south three fourths of the
Northeast quarter of the� Southeast quarter of the
Northeast quarter of Section 31, Township 118, Range 23,
Hennepin County, Minnesota (hereinafter "property" ) ; and
, WHEREAS, the applicant has made application to the City of Orono
• for a conditional use permit per Municipal Zoning Code Section 10.55
Subdivision 10 and a variance to Section 10.55 Subdivision 8 to permit the
construction of a residential driveway less than 26 feet from a designated
wetland; and for a variance to Section 10.27 Subdivision 5 to allow
construction of a single family residence on a lot of dry buildable area
3.52 acres where 5.0 acres of dry buildable area is required; and for a
variance to Section 10.03 Subdivision 6(A) to allow single family dwelling
use of a substandard property not in single separate ownership as of
January 1, 1975; and for a variance to Section 10.20 Subdivision 3 (M) to
allow the keeping of 2 horses on a property of 3.52 acres where 4.0 acres
in area is normally required for the keeping of 2 horses; and for a
variance to Section 10.03 Subdivision 9(D) to allow construction of an
accessory structure (barn) between the principal structure and the front
lot line where no accessory structures are normally allowed.
NOW, THEREFORI3 BE IT RESOI,VED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as zoning files #1161 and 1162.
2. The property is located in the RR-lA Single Family Rural '
Residential Zoning District.
3. The property is approximately 3.52 dry buildable acres in
• : area.
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4. The Orono Planning Commission reviewed this application on
, June 15, 1987, and recommended approval by a vote of 5-1 to grant
the variance to Section 10.55 Subdivision 8 and grant the
Conditional Use Permit per Section 10.55 Subdivision 10 for
construction of a private driveway less than 26 feet from the edge
of a designated wetland, finding that the wetland boundary as
defined by the Designated Wetland Overlay Map is incorrect, and
the wetland boundary should appropriately be redefined to conform
to the assumed elevation 40 foot contour line as shown on
applicants topographical survey, and conditioned on no fill or
excavation to take place within that newly defined boundary; and
the Planning Commission failed to conclusively reach a
recommendation regarding the variances to Section 10.27
Subdivision 5, 10.03 Subdivision 6(A), 10.03 Subdivision 9(D) and
10.20 Subdivision 3(M) , with a motion for recommendation of
approval receiving a 3-3 vote.
5. The property in question is a Lot of Record existing as a
• separate tax parcel as of January 1, 1975. The City Council finds
that the property in question was in common ownership with an
adjacent property which contained approximately 4.3 dry buildable
acres as of January 1, 1975. The total defined lot area of the
commonly owned parcels is approximately 7.8 acres. In order to
approve the property in question as a buildable site requires not
only a lot area variance but also a variance to Section 10.03
Subdivision 6(A). �
6. The property in question and the adjacent parcel which were in
common ownership as of 1-1-75 were zoned R-1C, Single Family
Residential, 1 acre minimum lot size prior to 1-1-75, and were
rezoned to RR-lA Single Family Rural Residential, 5 acre minimum
� lot size as of 1-1-75 and are zoned RR-lA currently. Prior to 1-
1-75, the two properties could have each been considered as legal
building sites, and in fact could potentially have been subdivided .
into as many as 7 total lots. From 1-1-75 on, the property in
question has been considered by code as a substandard common
ownership lot not to be normally considered for building site
purposes.
7. The City of Orono Comprehensive Management Plan, Part II
Chapter 4, page 4-28, the rural residential section of the Land
Use Plan, states that for the area zoned 1 dwelling per 5 acres,
"the citizens in this area have a traditional desire for more
intensive rural and quasi-agricultural activities which require
• and support the larger minimum lot density. Thus, historic land
use and not environmental concerns have determined this land use
classification". The Rural Land Use Plan also states generally
that rural densities greater than 1 dwelling per 2 acres will not
be allowed due to the potential ly adverse environmental impact and
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2235
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because of the need for costly urban services at denser
development levels.
8. The applicant has demonstrated that septic systems can be
suitably developed on the property.
9. The Council finds that development of the property will have
no adverse impact on the environment and the lot size of 3.52 dry
buildable acres is in excess of the 2.0 acre minimum lot size
required to assuage the concerns of health, safety, and welfare of
the citizens of Orono.
10. The variance to 10.20 Subd. 3 (M) to allow two horses to be
kept on the property of area 3.52 acres where normally 4.0 acres
of dry land is reguired for the keeping of 2 horses, is justified
by the fact that during dry seasons, a portion of the designated
wetland may be suitable for use as pasture area, supported by
� applicant's proposal to stable the horses so that they will not
need to rely solely on pasture for feeding.
11. The variance to Section 10.03 Subd. 9(D) to allow the
construction of an accessory barn structure within the area
between the house and the front lot line is justified by the fact
that the proposed house location is abutting the 100' rear setback
line, and the barn is proposed to be 400' from the front lot line,
75' from the nearest residential lot line, and over 150' from the
nearest residence. The proposed location of the house, septic
system, and driveway and required 75' barn setback from all lot
lines would preclude the barn being constructed within a side or
rear yard area.
12. 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 properties; would not
merely serve as a convenience to the applicant, but is necessary
to alleviate a demonstrable hardship or difficulty; is necessary
to preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
13. The City Council finds that granting a Conditional Use Permit
• to allow the driveway within the 26' wetland setback zone will not
be detrimenta 1 to the hea 1 th, saf ety or genera 1 we 1 f are of the
public, would not adversely affect light, air nor pose a fire
hazard or other danger to neighboring properties, nor will it
depreciate surrounding property values and that the proposed level
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of use of the property will be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the City.
. � CONCLDSIONS, ORDER AND COI3DITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Permit per Municipal Zoning Code
Section 10.55, Subdivision 10 and a variance to Section 10.55 Subdivision 8
to permit the construction of a residential driveway less than 26' from a
designated wetland; and grants a variance to Section 10.27 Subdivision 5 to
allow construction of a single family residence on a lot of dry buildable
area 3.52 acres where 5.0 acres of dry buildable area is required, and
grants a variance to Section 10.03 Subdivision 6(A) to al low single family
dwelling use of a substandard property not in single separate ownership as
of January 1, 1975; and grants a variance to Section 10.20 Subdivision 3(M)
to allow the keeping of 2 horses on a property of 3.52 acres where 4.0
acres in area is normally required for the keeping of 2 horses; and grants
a variance to Section 10.03 Subdivision 9(D) to allow construction of an
• accessory structure (barn) between the principal structure and the front
lot line where no accessory structures are normal ly allowed, subject to the
fol lowing conditions:
l. The rear setback for construction of the proposed residence
shal 1 be 100' as required pe� section 10.27 Subdivision 5(B).
� 2. The applicant/property owners shall grant to the City a
Conservation and Flowage Easement over the designated wetland
redefined as areas within the proper�cy below the 40' assumed
contour as shown on the topographic survey submitted.
Applicant/property owner shall provide the legal description for
such easement.
3. No f i 11 or excavating within the def ined wet 1 and boundary i s
allowed. All driveway construction including the necessary
culvert, shall take place outside the defined wetland boundary.
Applicant is advised to obtain any necessary permits that may be
required from the Minnehaha Creek Watershed District.
4. Authorities granted by this resolution run with the property
not with the owner, but are permissive only and must be exercised
by application for a building permit within one year of the date .
of council approval, or the special conditions of this resolution
will expire on that date (July 27., 1988).
• � 5. Violation of or non-compliance with any of the terms and
conditions of this resolution shal 1 constitute a violation of the
zoning code, shall automatical ly terminate any authority granted
herein, and shal 1 be punishable as a misdemeanor. .
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. 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 the property.
Adopted by the Orono City Council on this 27th day of July, 1987.
ATTFrST:
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oth� �M allin, Ci Clerk � Jame R. Grabek, Mayor
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STA �� INNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 9�..� day of J`��_��� , 198�
before me a otary Public within and for �aid county, personally
appeared � ,-��� ,/' �. (,� �.e.,C-�-�,Y1c! known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
��� N�d NOTARY PUBLIC
� �MINNE80TA
NENNEMN COUNTY
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MY COMMISSION EXPIRES
STATE OF MINNESOTA ) '
)55.
COUNTY OF HENNEPIN ) �
On this ��'�` day of , 198�, before me
a Notary Public within and for s 'd County, personally appeared
� � n A S known to me to be the
person(s� described in and who executed the foregoing instrument,
a.nd acknowledged that he (they ) executed the same as his
(their) free act and deed.
. e /'(/�
NOTARY PUBLIC
TH��a4 NAAB
•MINNESOTA � /y��
�EN�NE�PI�N C�OUN� �X
- . MY COMMISSION EXPIRES
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