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Home My WebLink About#6731-variance-2017 �'°�o CT� oF ORONo RESOLUTION OF TI�CTTY COUNCQ, ��, G,� No. � 7 3 1 t��SHo4�' A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 7&305 FILE NO.#17-3900 WHEREAS,the property owner made application for a variance from the lot area requirements for the properly located at 1090 Herftage Lane and legally described as:Lot 8�Block 1�Foxhill,Heru�epin County�Minnssata{hereinafterthe°Property"); and VYHEREAS, the variance request is necessary to faalitate a boundary line adjustment beiween the Property and the adjacent properly located at 1780 Shoreline Drive; the Property will not meet the 2.0 acre minimum lot size;and WHEREAS� on February 21, 2017, af6er published and mailed notice in aa�ord�ce with Minnesota Statu6es and the City Code, the Planning Commission held a public hea�ing regarding the Property at which time all persons desiring to be heard oonceming the application were given the opportunit�r to speak thereon;and WHEREAS� on February 21, 2017, the Planning Commission recommended approval of the variance; and WHEREAS,on AAa�ch 13,2017,the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW�THEREFORE, BE IT RESOLVED that the Clty Council of Orono,Minnesota hereby (approves/denies] the requested variance as describect above bassd on one or mor+e of the following findings of fact c:onceming the Property: FINDlNGS OF FACT: 1. This application was reviewed as Zoning File #17�900. The analysis contained within staff memos and the exhibits attached to the aforesaid memos,ail minutes from the above mentioned meetings, and any and all athe� materials distributed at these meetirtgs ar+e hereby incorporated by reference. 2. The Property is loca#ed in the LR-1 A Lakeshore Residential Zoning District. 3. The Property contains 0.98 acres in area and has a defir�d lot width af 295 feet. 1 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, G,��" xo. � � J � 1��SH�t"� 4. The Properky is within Tier 3 and hardcover is limited to 35°r6 acoording ta the Stormwater Quality Ove�lay District. 5. The following variance has been requested: a. Lot area varvance 6. In considering this application for varianoe, the Council has considered the advice and recommendation of tt�e Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the oommunity� existing and anticipated traffic conditbns, light and sir, danger of fire, risk to the public safety� and the effect on vafues of property in the surrounding area. ANALYSIS- 1. 'Varianc�s shall only be perrnitted when they ane in harmony with the general purposes and intent of the ordinance . . . .° The lot ares varisnce requested is oonsistent with the general Interrt of the Ordinance. The size of the Property�generally consistent with the other properties in the Foxhill neighborhood. The variances are in harmony with the Ordinanoe. 2. °Varianc�s shall only be permitted . . . when the varianoes are oorisisterrt with the comprehensive plan."The va�iance allovvs the redevelopment of the single family lat, this use is consistent with the comprehensive p�n. The variance allows the nonoonforming nature of the lot ta decrease. 3. "Variances may be grantied when the applicant for the varianoe establishes�at there are practical difficuldes in oomplying with the zoning ordinanoe. 'Practical difficultie�,'as used in connecfion with the grarrting of a varianoe, means that a. The property owner in quest�iorl proposes to use the property fn a reasonable manner, frowe�r, the proposed uss is not penmit�d by ths off'�ia!conbrol� The ovmer wishes to develop the Property with a single family home in the future. The owner has requested a lot line adjustment via an administrative subdivision exception in arder to incr�se the area of the lot by approximately 3,9Q0 square feet. To qualify for the subdivision exemption the Iot area variance must be granted. b. The pl'rghf ofthe landowne�ris due fo cincumsfarrces unlrrue to hrs proper[ynot cneated by the Iarrdowner. The owner d9d not create the substandard lot sizs. c. The veriance, if granfed, wr]!not alter tlte esset�tial cha►�acter of ths locality." 2 ��p CITY OF (3RON0 RESOLUTION OF'I'I�CITY COUIvCII., ��, G��' rro. � � J 7 t'�x"E�sHo��. The proposed variance will not alter the character of the ne€ghborhood as most of the Foxhill properties are similar in size. 4. `Eoonomic considerations alone do not constit�e practical difficulties.'Eo�nomic consic�erati�s have not been a faator in the variance approval determin�tion. 5. `Practical difficu�ies also inGude but are not limited to inadequate acoess to direct sunlight f�or solar energy syste�ms.Variances shall be grante�d for earth-sheltered oonshuction as defined in Minn.Stat. §216C.06, subd.2,when in harmony with Qrono City Code Chapter 78.°Thls condition is not applicable. 6. "The board or the council may not perm�as a variance any use that is not permitted under Orono City C.ode Chapter 78 for property in the zone where the affeated person's land is loc�ted.°This vondition is not applicable, as the use for a residence is an allowed use in the LR-1A District. 7. `The board or ooundl may permit es a varianoe tfie temporary use of a ono-family dwelling as a iwo-family dwelling."This condition is not applicable. 8. 'The special oond�ions applymg to the strudure or land in question are peculiar to such property or immediately adjoining property.'The nonconforming lat area of the Property is not uncommon in the surrounding neighborhood. 9. °TF�e conditions do not apply generally to ot�her land or structures in the district in which the land is located."The Property is gene�ally consistent with the neighboring properties with respect to size. 1Q. "The granting of the application is neoessary for the pr�eservation and enjoymerrt of a substantial property right of the app6carrt.°Staf�finds this cxiterion tio be met. 11. °The granting of the propoasd variarwe will not in any way impair health, safiety, oomfort or morals, o� in arry otfier respect be contrary to the irrtent of this chapter." Granting the requested variance will not adversely impact health, safety, comfoR, or morals; nor wili it be contrary to the intent of the Code. 12. "The granting of such varianoe will not merely serve as a canvenience to the applicant, but is r�c�ssary to alleviate demonstrable difficulty.°The size of the Properly ooupled with the 2-acre district setbacks create practicel difficulGes affecting tlte Property; the variance is necessary and not merely serve as a convenience to the ovmer. 3 �'D�a C�� oF oRONo RESOLUTION OF TI�CITY COUNCII, � � 7 � � ��, ��` �xo. �'�k�sx o�`` G CONCLUSIONS. ORDER AND CONDITION3: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-3U5 to allow development of the Property with a!ot area 42�688 square feet(0.98 acr+a)whene 87�120 square feet(2.0 acres)is the minimum required, subject to the fvllowing cond�ions: 1. Counci) approval Is based on the survey dated Q1/10/17 by Gronberg � Associafies, attached to this Resolution as Exhibk A Any amendments to the plans which are not in oonformity wifh City codes may require further Planning Commission and City Council review. 2. Authorities graMed by this resofution run with the Property not with the property owner, but are peRnissive only and must be exercised by formally adjusting the oommon boundary line beiween the two parcels wit#�in one yaar of the date of Council approvsl, or the varlance will expir+e on that date{March 13, 2018). 3. Yolation of or non-comppanoe with any of the terms and conditions of this resolution shall vonstitute a violation of the zoning code, shall automatically te�rninate any authority granted herein, and shall be punishable as a misdemeanor. 4. This resolution will be recorcled In the chaln of title of the Property. ADOPTED by the Orono City Council on this 13"'day of March, 2017. ATTEST: CITY OF ORONO: �� ' i JI na Carlson, City Clerk Dennis Wafsh, Mayor 4 Resolution No. Exhibft A #17-3800 � PROPOBSQ�d? LINB RL'ARRANG�T F� SCOTT KIRChNER & ROBERT NELS OF iAT 6,BLOCK 1,FQX HII.1& iRACT�,AL3 V0. 3719 HI��Nt�l'LY OOL"iQTY��iNK?:SDTA �,. % ,', '' �'�� '� - �0,� .:.'�� -r ir- �; 'k•� . f�,�. ,. � -,,.,. • '!�-r 4� io��i:X�s�' �s� ` � I��, .. � . . „ ��• .xy / t ;�,�, r,=� „ �. 1 ,.� - � y ,,s � — ,� �.x-J r, a�.. _•- : , ;. l ; ,� : j , . ' + - , .�, . �.: _. . , , ._� '." : TRAC7' I3 ' /�! ( � . :.� ��'S.��"a� 4 . . � s �i I"�t`. ��! .r:`r�' � i . . ; .,. . ... _ _ � _ , _ �, ` . M'' : , .... 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