HomeMy WebLinkAboutResolution 6648CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 6 4
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO.16-3837
WHEREAS, on May 18, 2016, John Brunello (hereinafter the "Applicant") on behalf
of the J. Brunello LLC, a Minnesota Limited Liability Company, (hereinafter the "Owner"), applied
for variances from the City Code for the property addressed 570 Orono Orchard Road South and
legally described as:
Lots 8, 9, 16, and 17, Block 13, Minnetonka Bluffs, according to the recorded
plat thereof, Hennepin County, Minnesota, including the vacated alley (hereinafter the
"Property");
WHEREAS, the Applicant has made application to the City of Orono for a variance
from Orono Municipal Zoning Code Section 78-420 to allow redevelopment of a property 0.61
acre in area and 99 feet in width where 2.0 acres and 200 feet of width are normally required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance
from Orono Municipal Zoning Code Section 78-420 to allow construction of a new residence 17
feet from the north side lot line and 15 feet from the south side lot line where 30 foot setbacks are
required; and
WHEREAS, on June 20, 2016, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission 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 June 20, 2016, the Planning Commission recommended approval
of the variances; and
WHEREAS, on July 11, 2016, 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 variances as described above based on one or more of the
following findings of fact concerning the Property:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. X643
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #16-3837. 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.
2. The Property is located in the RR -1 B Zoning District.
3. The Property contains 0.61 acres in area and has a defined lot width of 99.89 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. Lot area variance;
b. Lot width variance; and
c. Side yard setback variances.
6. In considering this application for variances, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variances
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 lot area, lot width variances requested are consistent
with the general intent of the Ordinance. There is adequate space for light air and open
space between the proposed home and the 15 foot+ setbacks requested. The variances
are in harmony with the Ordinance.
2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of a 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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6648
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 request to permit construction of portions of the proposed home within the 30
foot side setback area appears to be reasonable as the adjacent properties do not
appear to be adversely impacted; the mature vegetation and topography separate
the Property from the adjacent neighbors.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The sub -standard size of the Property was not the result of actions by the
landowner. The neighboring homes are set back sufficiently to allow for light, air,
and open space between the homes.
c. The variance, if granted, will not alter the essential character of the locality. "
The proposed home will not alter the character of the neighborhood. The existing
home plus detached garage to be replaced with the new residence have a frontage
width of approximately 52 feet. The structures on adjacent lots are set back 62 feet
for the home and 27 feet for the detached garage to the north; and the home to
the south is over 84 feet from the property line.
4. "Economic considerations alone do not constitute practical difficulties." The Applicant has
not requested consideration based on economics.
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 criterion 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 criterion is not applicable; the use for a single family home is an allowed use
within a residential 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 criterion 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 nonconforming lot area and lot width of
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
the Property are not uncommon in the surrounding neighborhood. The Applicant is
building in the general location of the existing home due to the topography and the
heavily wooded eastern portion of the Property. However, the existing substandard
setback to the north lot line will be improved (setback increased) with the proposed
home.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The proposed home will be generally in line with the neighboring homes
with respect to size and setback.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Staff finds this criterion to be met.
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 the
requested variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the 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 size and width of the Property and the
topography create practical difficulties affecting the Property; the variances are necessary
and not merely serve as a convenience to the Owner.
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 to allow redevelopment of a
property 0.61 acre in area to Orono Municipal Zoning Code Section 78-420 to allow construction
of a new residence 17 feet from the north side lot line and 17 feet from the south side lot line
where 30 foot setbacks are required, subject to the following conditions:
1. Council approval is based on the survey by Sathre-Bergquist, Inc., dated 05/12/16 and
revised on 06/09/16 and building plans submitted by the Applicant and annotated by City
staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which
are not in conformity with City codes may require further Planning Commission and City
Council review.
2. Authorities granted by this resolution run with the Property not with the Owner, 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
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 64 8
completed within one year of the date of Council approval, or the variance will expire on
that date (July 11, 2017).
3. 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.
4. The undersigned Owner has read, understands and hereby agrees to the terms of this
resolution and on behalf of the Owner and the Owner's 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 11th day of July, 2016.
ATTEST
sane Tiegs, City Clerk:
CITY OF ORONO:
Lili Tod McMillan, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
J Brunello LLC
A Minnesota Limited Liability Company
By:
its President.
This instrument was acknowledged before me this ` day of , 20 , by
, the President of J Brunello LLC, a Minnesota Limited Liability Company, on
behalf of the LLC.
Notary Public
o �
lit
gill r
9 ,e� I � $iZ aRaa �j� �g � °7 a®uoa9s ■Adrpe�os�
I T4
oil P
J ®008. p09aSlfl a®01y ®®a
C
rn
v
LLI
o
u -
z
}O}
s
E
ag
U
RBSOlutiOn
Exhibit A
648
a v 7
a m
w Z
4 O
C
z
F
E
ag
I
i?
s
av6i aavi I0 ON o -do - —
\ O/C d1f akj
- 3N NY321A dl aNd
\\ V648
Resolution
\ \ \ \ O\ \ Exhibit A +�
\ x,99 \ \ \ \ � � \ \ \ \ � ,.•, �'' � it] V ./ ,�
I -Z' �w ♦ !�� I ni.JA � CO
m
kao
o`f' oars
0
CIO
6r
f jll 1�d5 +I 1
L L' O
a
i
• Oz _ •er _ �,
rA {� 4
------�
I O r [
II
a
0071I O
3�czi i S,g
° o o OB I�
-9.L--� of TOZ ep 0•gl
-41ase
ro,
m \yI
m c a,o`096—
yof 'L96 n IP+e 4' 7� 74- --Z9e— —
3rn 9 1
» m 99*66 M,,2Z.b.eW — —-
96 figs 'L 969'996 z_—
'9'99fi 96
avow ONO2IO
9,996 I f .
I,"'.'<
9'996 9'996
Resolution
Exhibit B
M
John Bradleg
n
0
z
0
Resolution
Exhibit B t
6648
Resolution
Exhibit s
648
A
O
�
ITi
a
n
o
O
f11