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Home My WebLink About#6808-variance-2017�J..e� <Fuilyu:cen:l d1� Illnll IIII IIYI VIII IIAI VIII IYII IIVI VIII Iln InlDoc No A10507294 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 1631770M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. Existing Certs 1455542 Doc No T05495665 Certified, filed and/or recorded on Nov 22, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 1631763M Certified Copy of any document Document Recording Fee Document Total STATE OF U[NRF OTAM,— "V OF Certified to t0 a f�* _ ^ CWY of ocigtnal r, r" {r r = c : y and my o%W DEG 6 zoic Martin MCC trer of iitl9i This cover sheet is now a permanent part of the recorded document. $10.00 $46.00 $56.00 r. ay Doc No T05495665 Certified, filed and/or recorded on Nov 22, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 1631763M Certified Copy of any document Document Recording Fee Document Total STATE OF U[NRF OTAM,— "V OF Certified to t0 a f�* _ ^ CWY of ocigtnal r, r" {r r = c : y and my o%W DEG 6 zoic Martin MCC trer of iitl9i This cover sheet is now a permanent part of the recorded document. $10.00 $46.00 $56.00 CITY OF ORONO RESOLUTION OtTgE�UI"�I' COUNCIL NO. A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350, 78-1700 11 FILE NO.' k-3978 WHEREAS, on September 20, 2017, Alexander Design Group o/b/o Travis Hansberger ("Applicant"), applied for a variance from the City Code and on September 25, 2017 the application was deemed complete for the property addressed 1720 Shadywood Rd and legally described as: Lot 13 and that part of Lot 12 lying southerly of a line running parallel with and distance 71.2 feet northerly of from the south line of said Lot 13, Shady -wood, (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow a reduction in the rear setback; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow development of a property not meeting the required lot width; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow development of a property not meeting the required lot area; 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 to exceed 25%; 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 concerning this application were given the opportunity to speak thereon; and WHEREAS, on October 16, 2017, the Planning Commission recommended approval of the variance; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. d 8 0 3 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/denies] the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3978. 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 LR -1 C Zoning District. 3. The Property contains 0.29 acres in area and has a defined lot width of 72 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. Rear yard setback b. Hardcover to exceed 25% c. Lot area d. Lot width 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 ...." I. The applicant is proposing to construct a new single family home on a residential lot which is consistent with the intent of the ordinance. The lot width and lot area variances are consistent with the general intent of the Ordinance. The rear yard variance request is reasonable considering the shape and buildable area of the property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6808 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for a new 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: 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 property owner is proposing to use the property in a reasonable manner by replacing the existing residence with a new home which has less hardcover then existing and the new garage will be moved inward on the lot compared to existing placement of the garage; but the size and width of the lot is below the minimum lot size standards of the Zoning Code. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The plight of the property owner is due to the existing substandard lot size and shape, and its proximity to the lake c. The variance, if granted, will not alter the essential character of the locality. " The character of the neighborhood is not likely to be significantly altered from replacement of the residence which is consistent in character and size with the surrounding homes 4. "Economic considerations alone do not constitute 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 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 condition is not applicable, as the use for a single family home is an allowed use in the LR -1C District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 08 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 shape and size of the lot as well as its orientation along the curve of the lake and Shadywood Road create a unique circumstance which is peculiar to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The shape and size of the lot as well as its orientation along the curve of Shadywood Road and the lakeshore creates a unique circumstance which is peculiar to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this condition to be true. 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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning 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 shape of the Property; its position along Shadywood Road and the lakeshore, limits the access and safety for the homeowners; the variances are necessary and do not merely serve as a convenience to the owners. 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 78-350 and 78-1700 to allow rear yard seback, hardcover to exceed 25%, lot area and lot width, subject to the following conditions: 1. Hennepin County granting permission for moving the driveway along Shadywood Road (County Road 19). 2. Council approval is based on the entire record, above Findings. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. G 8 08 3. The approved project shall conform to the survey dated September 26, 2017 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. 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). 6. 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 EXISTING COMMONS Il `12I m!�•m,. 'e ~L.+m��•1�8,%m.3gaS7 SYvu�Lt; _ I,�vt.v. �.�inn.�.le�i 19 RSAo I� ® roRSn uA ozw VA— FAGE L�, I POINT RD. � p� �— .e,rr•. w � .w� is —7��E 173.BX i� "` PROPOSED CONDMONS 8 oa Resol No. Exhibit A #17-3978 90 ,p]r OIII MNA~110a tll. IQi Og1W) t. tE. RHRD ,LHWHNh wt r¢] ploaa) La.ISam mpnefla 11IYW r.mq N.mwoblpMtl W6oddimnre]I3 � m�hvlyarfim Ue.wm Igor and la I; a W y-emd, md'y o me rswd.d Pm meX %e�.vn camry, Minm.. 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T1W.ttT-RaE]AHE4n """"" ORONO, CERTIFICATE OF SURVEY PMAREDFOR Fce No. n]Esml MINNESOTA 1RAVISHANSBERGER M 68 08eso No.Exhibit B/ e V% FRI am �saq a.Ls.a�ss t - r at' - � �tm�&e ecir�rxsc - ..71- rf• 4 e4-� .. _._..�_ _ .�i� ��`� � �P` eY .,o:> 'SCP �'�"-. p' ��_¢, W-•7�'� V.-� .... _ ,��c�r _ Y Y � �t" -.0^`�� +t<. - - "+, }, -�++`$ 6'' vG `��r Ta �c- �t_ �.��` �,�� jFn � -��' ,: �� * 3*y� 4 s� `�� v,a �Q;o4": •� -_.� "�,t.a° �,,, � P `..�,u a �l� s _',b r+- ro•a .�,'P v. rr.^ :dy -'. ;T' .qi a b �+ _ G`3 a .. iy w.,� �, •�..•#- o �l -:rr 4o' .x"E S�a i`.'1^"�. h-� a"._� g. �':� . �p� ` ob, ,_A'>,'r .��b. c` h.. �(:.r• �°,4'�. r -. c,:.a :. (1) ff"-MEVATM _ AWnaurrwr 6808 RECEWED SEP 2 0 2017 CRY OF ORONO M a i l 0 CD MC3*% o e %0 co ,%..i D co NAAtSBeW-RER RESIDENCE rue wmruraw ,eoac v,.• � n«a. R.w ORONO, MN yawn e�, a,m=. RECEIVED SEP 2 0 2017 CITY OF ORONO r i Fx �'�: yF� IFr�; �6[ � � p■i Phi � iq i { i itl� pr[ ufit pit lop DUI r CK 0 CD co 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 Corporate seal of the City this 13t1i day of November, 2017. Anna Carlson, City Clerk (seal)