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Home My WebLink About#6805-variance-2017 � • ` ( . ��p CITY OF ORONO RESOLUTION OF Tf�CITY COUNCIL y� G� No. 68 05 t'�kESH04'� A RESOLUTION APPROVINGA VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1436,78-1700 and 78-1403 FILE NO. 17-3972 WHEREAS, on September 11, 2017, Jan Gasterland ("Applicant"), applied for multiple variances from the City Code and on September 25, 2017 the application was deemed complete for the property addressed 1920 Shadywood Road and legally described as: Lot 32. "Shadywood° (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1436 to allow rear and side yard setback for an accessory building; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow hardcover of the lot to exceed 25%; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1403 to allow structural coverage of the lot to exceed 20%; and WHEREAS, on October 16, 2017, 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 conceming this application were given the opportunity to speak thereon; and WHEREAS, on October 16, 2017; the Planning Commission recommended approval of the variance; and WHEREAS, on November 13, 2017 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 conceming the Property: 1 ' , , ��p CITY OF ORONO RESOLUTION OF TF�CITY COUNCIL �� G,,� No. 6 8 0 5 �qkESH�� FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3972. 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 theLR-1 C Zoning District. 3. The Property contains .248 acres in area and has a defined lot width of 57 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance(s]: a. Side and rear setback for a detached building b. Hardcover c. Structural coverage 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 detached garage on a residential property which is consistent with the intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit a new detached accessory structure 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 pe►mitted by the o�cia/controls. The request to permit a new detached garage within the 15'rear and side setback seem reasonable as the existing 2 . � ��p CITY OF ORONO RESOLUTION OF Tf�CITY COUNCIL �� G1,� No. 6 8 0 5 `'�xFsxo�`�. garage currently occupies this space, therefore the adjacent properties may not be adversely impacted. The hardcover is also being proposed to remain as the same amount as existing, it seems reasonable to allow this request. The structural coverage increase resulting from the proposed larger garage creates a new encroachment and seems to be a reasonable use. b. The plight of the landowner is due to cincumstances unique to his properfy not created by the landowner. The location of the garage and hardcover amount were preexisting and not created by the homeowner. c. The variance, ifgranted, will not alterthe essential characterofthe locality."The requested variances have the same setbacks and the same hardcover percentage for this lot. The requested variance will increase the structural coverage on the lot. It seems unlikely that the character of the locality will be impacted by the larger structure on the property. 4. "Economic considerations alone do not const�ute 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 applitable. 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 detached accessory structure for a garage is an allowed use in the LR-1C 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 subject property is not conforming to the LR-1C area or width standards. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." This site is unique is that there are currently many existing nonconforming encroachments. This lot is small in size for the LR-1C District. The applicant is proposing to maintain the existing setbacks for the accessory structure and hardcover which does not apply 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � .�� rro. 6 � 05 ��' G �',+YBSHo�� to other parcels. The applicant has indicated a reasonable request pertaining to the expansion for structural coverage. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicar�t." The applicant has indicated the variances are necessary. 11. "The granting of the proposed variance will not in any way impair hea�h, safety, comfort or morals, or in any other respect be contrary to the ir�tent of this chapter." Granting the requested variances that meet the same setback as the existing structure and hardcover seem reasonable. The structural coverage variances request will not impair the health or safety of the area and seems to align with the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.°While the location of the existing detached structure and the existing hardcover of the lot may support the requested setback variance and hardcover variance; the requested structural coverage variance has been shown to be supported by a demonstrable practical di�culty. 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 Sections 78-1436, 78-1700, 78-1403 to allow rear setback, side setback, hardcover and structural coverage, 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 August 21, 2017 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A 8� B. 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 (November 13, 2018). 4 ��p CITY OF ORONO RESOLUTION OF T'HE CITY COUNCII. � ��' rro. 6805 �� G �'9kESH04� 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 13 day of November, 2017. ATTEST: CITY OF ORONO: Anna CarlSon, City Clerk Dennis Walsh, Mayor s I BOUNDARY AND TOPOGRAPHiC SURVEY FOR ,6 8 p 5 � JAN GASTERLAND OF LOT 32, "SHADY wOOD" Reso) No. HENNEPIN COUNTY, MINNE30TA � Exhibit A � � #17-3972 � �� '� ; � '�. � I 1 � g � I ,� � � �� ,� ; I 1;'+'� � �� o� ,` i, i % ` � � � i � ,, `,� x� , ' ` �� I \\ °'""` f''��„` � / , , ! � �� \� � �`�,�\ `'� 31 \� _� ,% � ; ; �� - � / ' j ' i • �� • � �____��---� � a � � �' ,�.� � �'°'� / � ' t ` � i� r� _ "� � �—'� �°�`� '' isTING �I 7�p m � � � � db wNX � C''"''.o�� IJSE ... . ... �r.__........... Nj � ' � � � m i ' � � � ` r Z � ----- � .'�, 32 �,� _ .� ��, .� z �� _�\�c, ��+► �„�+.,�� \`. � a �+ ,� wc w� �'" � � s ! -C O ......_.... -- ---- e ,re.B, � Z .... .......� $ ; � � � , � ; 1 0 33 � �� I 1 I �, � ? , � , , � , . . LECiAL DE3CRIPTION OF PREMISES SURVEYED: Lot 32,"3hady Wood" This survey shows 1he boundaries a�toPoB�Y o(1he above described PropsMY,the localion of�ex�tlnp ho�as.9arpe,and o�er visibls"Iwndcorer' tNeroon�arW tl�e ptopo�ed bc�tion of a p�+�ed y�e�e addifbn.ft doss not Purport 4o aho�w anY��or enp�oaChments. � : �� F2E�EIVED —.� : �tng ca,�our�me q 2o ao eo SEP 11 ZO1! �'"'''"� SCALE IN FEET °�"� oaE ooaa.rcM t s,�at 4 GRONBER03AE�OCIJITES.INC. ��ra�� r+op cor�nn�cse�.w+o eur.s�aers�.a�0w�nw.o�0r.°v�""� an srt�rur�as M61T _ 445 N.WILI.OW OR tA116 LN�.MN.66968 %2�7L�ti1 '�'�S -�r��L_.__ JOBNO. a��-1a2_ r�um�N��:sss na�c nar # 397 � � �c . ��p� 6 8 0 5 �.:�:--��-- _ .�. _�._ .._.. ---__.._ Resol No. `Q . � � Exhibit B � #17-3972 r K � � ;� � `�' .. --rr------ . � l'� �L � �_ �o;,i� ��''°�I�s �t z �s W ` . -- --.;�---- , •o ,� . . � V ;' . �V � -.:_,�`�='� .. -�-�' ° �-r'��.:... o , ,� o . � r� . � � m � o � � a � �^ o a < .. � . . � ' �� .��:- . � _ ��'-- � m .. ..:�R��►��+ar _. . ��...._ _.� _.- � 4_- . ° �` ��"��j��'i�Y�o'�5_�:'�?:_��i�;LK�:.S`3►_3q1._..��.��3�7.�;�� . 1w►��r-�.t�.c �":.'1 .� oi .��R... 1 �e�. . ' , � L('� � � O s�,., �` � /� Y � `D —� . � . � i� � ! � � �� h ' �� \,,` . •1 � . •1 � : i O' r... �t1; '' � � , , I . p II I � '1� ; �`.----��. . � ��' � . � �: � ; � ♦ + . y t , • `S � ' � � ' � � i � � � e �s�nns�1�o��v�' .� �, � ` � � � �� , � , .� � , � � . i : . � R '�C ' � �� t-- � �, �' ; �i i � �; , , � � �. � { � .� . .� � � �� o � � � ..o �� ,r � RECEIVE � Z � � SEP 11 201/ ,� � �rrv oF o�oNo� � s � , • STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 13, 2017 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the C�o��S++�al of the City this 13�'day of November, 2017. ��1M'�'�L�ti�i�t`' . ��.. l�f IGy �. ��+', . �..� ��.:�y� y�*� •t� �� F � � Y Q�� e� '�y` �� . . �= s,4 j� .�',�r �/� Anna � �■ �=� ` .. �� tfw � a S.� %p - . (seal) . �' ' .. � � .,.; ' ' � ,.r_a�',�,y�`}1,��'�t �w 5�,�.�. �4�l�:� 1 l, � Q � Fl;..�(�t`�o aifls�+�► .. . _�#��."' ;��+�t!r °•�,�.a?.'a��'''''w. x�Ch" o � � , � l �� w�o� ,�d Doc No A10507272 Certified, filed and/or recorded on - Nov 22, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 1631710M Document Recording Fee $46.00 Documenf Total $46.00 This cover sheet is now a permanent part of the recorded document.