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Home My WebLink About#6581-variances-2016 ,, , �o a, c�i:�� c�� l(� � y Doc No A10290358 Certified, filed and/or recorded on Feb 29, 2016 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 13 Pkg ID 1359945� Document Recording Fee $46.D0 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. �°�o C ITY 4F ORONO RESOLUTION OF THE CITY COUNCIL � � �' G~ j'�xFsxo��' N O. � � 1 A RESOLUTION � APPROVING VARIANCES FROM ORONO MUNICIpAL 7,pNING CODE SECTIONS 78-350; 78-1403; AND 78-1700(1) FOR PROPERTY LOCATED AT 2024 SHADYWOOD ROAD • —FILE NO. 15-3792 WI�REAS, John P. Kieffer and Benjamin E. Kieffer, married, (hereinafter the "Applicants")are owners of the properiy located at 2024 Shadywood Road within the City of Orono (hereinafter the"City")and legally described as follows: Lot 4, Gust S. Johnson's Addition, Hennepin County , Minnesota and part of Lot 5, Gust S. Johnson's Addition described as follows: Commencing at a point on the North line of Lot 5, said point being 101.1 feet Westerly of the Northeast corner of said Lot 5; thence Westerly along the Northerly line of said Lot S a distance of 129.9 feet to the Northwest corner of said Lot 5, according to the survey and stake set by Surveyor C.F. Sandhoff on November 5, 1936; thence Southerly along the Westerly line a distance of 1.8 feet to an iron pipe set in concrete;thence Easterly a distance of 129.9 feet to the point of beginning, Hennepin County,Minnesota, (Hennepin County PINS 17-117-23 31 0011) (hereinafter the"propertY"); and WHEREAS, on October 20, 2015 the Applicants made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 to allow construction of a detached garage located 5 feet from the side lot line where a 10' side setback is normally required; and a variance to Section 78-1403 to allow structural coverage on the properry of 1,875 s.f.or 20.2 %where only 1,500 s.f. of structure is normally allowed; and a variance to Section 78-1700(1)to allow 32.8% hardcover on this Tier 1 property where only 25% hardcover is normally allowed; and WI�REAS,on November 16,2015,and again on January 19,2016,after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Planning Commission held public hearings with regards to the requested variances,at which time a11 persons desiring to be heard concerning this application were given the opporiunity to speak thereon; and Page 1 of 7 , , , �-o�o C ITY aF QRONO RESOLUT'ION OF THE CITY COUNCIL � � �, � � ' � G~ t�kESH�� N O. WHEREAS,after the November 16 meeting at the recomrnendation of the Planning Commission the Applicants revised the application from an attached garage to a detached garage; and WHEREAS, at its January 19 meeting the Planning Comxnission recommended approval of the variances associated with the revised request; and WHEREAS, on February 8, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. 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 this property: FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, a11 minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located within the LR-1C Single Family Lakeshore Residential District which requires a minimum lot azea of 0.5 acres and a minimum lot width of 100 feet. Detached gazages aze a permitted use in the LR-1C District. A3. The Property is 9,267 s.f. (0.21 acre)in area and 38 feet in defined width at the OHWL and 41 feet in width at the street. A4. 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. A5. This property was the subject of variances to allow a teazdown/rebuild in 1987. The approval at that time limited the property to 2138 s.f. hazdcover including the 0-75' and 75-250' zones. The property currently contains 2,956 s.f. or 31.9 % of hardcover overall, the majority of which is outside the 0-75' zone. The difference in what was approved in 1987 and what exists today is primarily in the bituminous parking azea north of the garage, which apparently was added at some point since 1987. The existing 16'x24' (388 s.f.) Page 2 of 7 � g.o� � �ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� '� b 5 8 1 t�kESHO�� N�. detached garage is served by a short driveway, forcing the owner to back out into traffic on Shadywood Road. The additional paved azea existing along the north side of the garage provides for additional pazking. A6. Removal of the existing garage and replacement with a lazger detached garage further back from the road requires additional hardcover in order to reach the road,but also provides for a 10' x 12' backup apron to allow the driver to leave the property moving forward rather than backing out into busy Shadywood Road. The additional driveway has been min;mized to result in a hardcover increas�of less than 1%, as compazed to the 3.3%increase needed for the original attached gazage proposal. The proposed site plan will allow for greater safety for the property owners. A7. Structural coverage is proposed to increase by 162 s.f., from approximately 1713 s.f. to 1875 s.f.,or from 18.5%to 20.2%. The property at less than 10,000 s.f. in area is allowed 1500 s.f. of structural coverage. The increase is primarily in the expansion from a 16' x 24' deta.ched l+sta11 gazage to a 22'x25' 2-stall garage. The proposed gazage size should comfortably accommodate 2 vehicles and should allow for stora.ge of lawn mai.ntenance and other.residential storage needs, avoiding the need for additional accessory storage buildings on the property. AS. Overall,lot coverage and hardcover are increasing slightly in order to accomplish the goals of having a safe driveway access situation and a fully functional 2-stall gazage. The increases would only be minimally reduced if the gazage was made smaller. A9. The narrow width of the lot is a practical difficulty for addition of a gazage meeting the 10' side setbacks.Applicants have limited the proposed gazage width to 22 feet and offset it to the south side, requesting a 5' side setback where 10' would normally be required. The neighbor to the immediate south has a detached garage approximately 17' from the shazed lot line, allowing for a 22' separation between these adjacent accessory buildings. The proposed garage is approximately in line with the neighbor's garage, which should minimize any `closed-in' feeli.ng that neighbor might experience if applicant's gazage was moved further east at the proposed 5' side setback. The variance will allow for a 3' wide sidewalk along the north side of the lot without having impacts on the neighbor to the north. ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The proposed variances to a11ow the construction of a detached garage on property zoned for single family use is consistent with the general Page 3 of 7 � g-0�� C ITY OF 4RON0 RESOLUTION OF THE CITY COUNCIL ��'l.� �.G~� N o. 6 5 � 7 kFSHO� intent and purpose of the Ordinance. Detached garages are a common amenity associated with residences and are an allowed accessory structure within the LR-1C zoning district. B2. "Variances sha11 only be permitted... when the variances aze consistent with the comprehensive plan." Granting of the proposed variances to construct a detached gazage to serve a single fanuly residence is consistent with the residential guiding of this property and surrounding properties in the Comprehensive Plan. B3. "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: i. 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." ii. The plight of the landowner is due to circumstances unique to lus property not created by the landowner." iii. The variance,if granted,will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the specific locational and surface & structural coverage aspects of the request are not permitted by the Zoni.ng Code. The plight of the property owner is due to having a house with an extremely small and narrow lakeshore lot which is subje�t to standards expected of similarly located lots of any size; the landowner did not create the small lot situation. Constructing a detached garage as proposed is not anticipated to alter the character of the neighborhood,since detached garages near the road are common in the Shadywood Road neighborhood. B4. "Economic considerations alone do not coxistitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5. "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. Sta.t. § 216C.06, subd. 2,when in harmony with Orono City Code Chapter 78." This condition is not applicable. B6. "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 loca.ted." This condition is not applicable, as the use for a single family residence with accessory buildings is an allowed use in the LR 1 C District. B7. "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. Page 4 of 7 , .g-��O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� ' 6 5 � � t�kESH�4� N O. B8. "The special conditions applying to the structure or land in question are peculiaz to such properiy or immediately adjoining properiy." The condition of having a detached garage on relatively narrow lakeshore lots in the Shadywood Road area is common;however,this lot is narrower than most other lakeshore lots along Shadywood Road, and presents a unique set of conditions for development of the site. B9. "The conditions do not apply generally to other land or structures in the district in wluch the laad is located."The unusually narrow width of the property is not common in the Shadywood Road area nor in Orono generally, and therefore the conditions imposed by the City ardinances are difficult to mee�. B 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Having a gara.ge in Minnesota is generally necessary for the preservation and enjoyment of a substantial property right. B 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." Whi1e the properly contains an existing detached garage,its location and driveway configuration do not provide for safe access to Shadywood Road, and granting the variances will allow for a safer access, enhancing safety rather than impairing it. B 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonsirable difficulty." Granting the variances in order to have a garage is necessary to alleviate a demonstrated practical difficulty due to the unusually small lot size. CONCLUSIONS,ORDER AND CONDITIONS Based upon one or more of the above findi.ngs, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350 to allow construction of a detached gazage located 5 feet from the side lot line where a 10' side setback is normally required; and a variance to Section 78-1403 to allow structural coverage on the property of 1,875 s.f. or 20.2 % where only 1,500 s.f. of structure is normally allowed; and a variance to Section.78-1700(1) to a11ow 32.8% hardcover on this Tier 1 property where only 25% hardcover is normally allowed; subject to the following conditions: 1. Council approval is based on the survey and garage concept design suhmitted by the Owners and annotated by City staff, attached to this Resolution as Ezhibit A, and the approved hardcover calculation worksheet attached as Ezhibit B. The garage shall be Page 5 of 7 �.o� � C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G�� jqxESH�� N O. ` limited to a 1-1/2 story design as depicted in the concept plan atta,ched as Exhibit C, and shall be consistent in exterior materials per the provisions of zoning Code section 78-1440. Any amendments to the approved survey which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The approved hazdcover level of 32.8% shall be adhered to. Applicants shall remove all hardcover items as proposed, to meet the approved hardcover percentage. An as-built survey reflecting conformance to the approved plan and hardcover limitation sha11 be submitted at the time of final inspection of the garage, and prior to refund/release of the permit escrow. 3. A grading and drainage plan sha11 be submitted and approved prior to building permit issuance to avoid impact to neighboring properties. 4. Owners shall comply with the permitti.ng requirements of the Minnehaha Creek Watershed District. 5. Authorities granted by this resolution run with the Property not with the Owners, but aze pernussive only and must be exercised by obtaining a building permit for the project and commencing construction of said project within one year of the date of Council approval, or the variances will expire on that date (February 8, 2017). 6. Violation of or non-compliance with any of the terms and conditions of this resolution sha11 constitute a violation of the zoning code, shall automatically ternunate any authority granted herein, and sha11 be punishable as a misdemeanor. 7. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 8th day of February, 2016. ATTEST: �.,��,�..:�� :�,.�-�e �. iane Tiegs,City rk Lili Tod McMillan,Mayor Page 6 of 7 . � �g-o� � C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � � 5 � � G~ j��FESHO�� N�. _ � / er(s) STATE OF MINNESOTA COUNTY OF HENNEPIN � This instrument was acknowledged before me this �Q day of �-�b , 2016, by John P. Kieffer, husband of Benjamin E. Kieffer. ,;-,t:�:.;,� M1,��. ;x ;a RACHEL DODGE �" �(? �: : .Y� NOTARY PUBLIC-MINNESOTA Notary Public '�.;,,,; tvy CorrxNssion Expires Jan.31,2020 STATE OF MINNESOTA COUNTY OF HENNEPIN h � This instrument was acknowledged before me this� day of�-- 2016 by Benjamin E. Kieffer, husban��f John r. Kieffer. ' . <«;%�" Cl.-C..-l�-��Q � ��`"``'"�� RACHEL DODGE Notary Public :;.�:_, �'�' `�� NOTARYPUBUC-MINNESOTA �i<< :.�•E,:_�F' ,�y�mmission Expites Jan.31,2020 ,` . ._.:::::��='`� � Page 7 of 7 � ' �ao � 5 � � �� ' _ � � • gP S� o� - �� , v � �'� --; 111 �� ,,-��' ': ; 1� -•� .�' � .�- � ; :�� . . ---: , � - , � . _. �3� ,� � ; ��► ", .�r.-A� ' �''- -� � � ,� , � .; � , ,,. , „ , ; . , - �. :;� ,� � '� ,,.- .�:, �� D -p � " '� •'�k,,%�' � cJ ��" ��"� e,<� ''��', '�� : �� / � ' ,� ] ,'�,,,�' � ,;'� �a // , ', y��^;''' ��.'�.'' �4, � . � �� ''''�. �/ � � 1 �� Y� � f' �/�� ' n,��At`Kary%i �'�'b�, �rOyp' , '� `�,, tl � `y, "/� ; ,,' ,; ��q�,",x�,�r, �``2. `� . �;`'� �/ / � �';;/ / ;'�,g9�� // `,``'� �'� �;� ' '^ ' '', ' / / ' ' �`Y,`,� ' ,,� , ` � � �' �,� � �G b . � / ��i'�''i�/ �� 'i ;� �f�``S��X ' �``, �1, ��; •Gr' U /� ,�� .'� ' � � i ,''�'�A`,`.'' 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'w � v � � ;� � �� ---- � 5 H A D�� X �� ,�{�'� � �s ��, ;_ �i � � �� W��M ^� �A~ �w �• � � � X O � � 'a � � �� j �i V1 ��'^ �� '�.� �� L� .� v� �� . �. , � � � � � Resolution Exhibit B �lDT�ANCE StIRVEYlNG c� F�VGINEERING O�s� I hereby certify that this report was prepared by me or under my direct supervision and that I am a Ilcensed professional engineer and a professional land surveyor under the laws of the State of Minnesota. �.�, ,�e. o��, lames H.Parfcer P,E.&P.LS. No.9235 Step�: �i�t��OSEb H�►��COVER In the following table identify all items of existing hardcover on the property,keyed by ietter to Certiticate of Survey�survey must accompany this form). Use as many lines as necessary to accurately de ict existing hardcaver status of the property. Su Hardcover ltem{Describej Lengd�x Wid#h Total{Square Feet) . ouse S.F. n ec ro s ara e ro e rnre oat ouse ncrete s eps near t e a eta�m a s ro ose a 1 Tataf Pro ed Hardcaver 315 S.F. Exciudable Hardcav�er See Code Sec 7$-1684 eta n n a s S.F. Dec with 4 s acing Wi t nee s to ve d iQ0 S.F. S.F. 2 7otal Excludable Hardco�rer 13S S,F. 3 Net Pro sed Ha�dcover Subtract iine 2 from 19ne 1 3 S.F. 4 Total lot Area 267 S.F. Proposed Hardcover Percen#a,ge((3)/(4)] 32.85% ' =-= • � . ��: � ��"''+�, � x . :,. _. . � �. � , . f�e . s.� .a`' . . . 1 ". N�... .. . . � . i � L-_ . � �~��F, : �ay`� ; ....:Wil�+Yd:3lJa':d+aLvn?^+� . . . . . ... ... �+±Fe.ai+r.�fi^w#`qW'y3KNty,•t.. � �1 , . » � �?��'L,.�"',�,'�4:�'�"yp,��,,�;,�a#-1�""'^:�!�^�+4"'t.`�.''Y:•:�., .:Rc�ve t ,?;,y�;#. �¢ 1�{ �+ ... . � ��-� � . ,�j, �-��~�': � � . . . � . , �' . , . :i. . . . . • ., . , � 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 February 8, 2016 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;car�p��;��a�'• �he City this 23�day of February, 2016. � , :��r�o=_ '�� :',��'�, � �, . .,�o� • �r� � � j��?,°�;,. ;1r arie`�Tieas% 1 ler � , � b A ��.. � ��l� % .. j �°/4J ry�v5'•-f�'r �..I . 1 7��,Q �f� .\S�L. a � ' . . �f, l�"^�rs��7;��I�.�i i�. .�``+_ '�;. �d' •n'^c�r•�� ' . ,S'�':�. i'L:.g`L�.� ��i�.\�V:� .