HomeMy WebLinkAboutResolution 6719 ���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�. �� No. 6 7 19
G
`�kESH���
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-350
FILE NO. 17-3887
WHEREAS, Geoffrey Martha and Stephanie Martha,a married couple(hereinafter
the "Applicants"), are the owners of the property located at 2092 Shadywood Road and legally
described as:
Parcel 1: Lot 31, Block 1, "Wiley's park", Lake Minnetonka, except the
following: Commencing a the Northwesterly corner of said Lot; thence Southeasterly
along the Southwesterly line of said Lot 20.00 feet;thence Northeasterly a distance of
109.35 feet to a point on the Northerly line of said Lot distant 115.0 feet Easterly of the
Northwesterly corner thereof; thence Westerly on said Northerly line to the point of
beginning; and
Parcel2: That part of Lot 30, Block 1, :"Wiley's Park", Lake Minnetonka, lying
Northwesterly of a line drawn Northeasterly from the most Westerly corner of said Lot
30 to the shore of Lake Minnetonka, which line forms an angle of 80 degrees 36
minutes 30 seconds with the Southwesterly line of said Lot 30 at the most Westerly
corner. (hereinafter the"Property");
WHEREAS, on December 14, 2016, the Applicants have made application to the
City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow the existing
detached garage to be attached to the principal structure resulting in a 1.3' side setback for the
house where a 10 foot setback is required; and
WHEREAS, the Applicants also made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1700 to allow 27.5% hardcover where
currently 25.6% exists, and 25% is permitted in order to construct additions to the home, and
construct a new 24' x 24' detached garage on the property; and
WHEREAS, on January 17 , 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 January 17, 2017, the Planning Commission recommended
approval of the requested side setback variance and denial of the hardcover variance to exceed
25%; and
1
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��, G`� No. b 7 1 9
l�'�PS H 04�
WHEREAS, on February 1, 2017, the Applicants provided a revised plan reducing
the proposed hardcover to the conforming level of 25% and eliminating the hardcover variance
request; and
WHEREAS, on February 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 City Council of Orono, Minnesota
hereby approves the requested side setback 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 #17-3887. 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 Lakeshore Residential Zoning District.
3. The Property contains 19,125 square feet(0.44 acre) in area and has a defined lot width
of 40 feet at the ordinary high water mark and 58 feet at the 75-foot setback.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Qualiry Overlay District.
5. Applicant has applied for the following variance[s]:
a. Side Setback Variance.
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 Applicants propose to construct additions to the
existing residence on a residential property which is consistent with the intent of the
ordinance.
2
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� ,� No. 6 7 1 9
G
`qkESH���
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variance resulting in a permit for additions to 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
conne�tion with the granting of a variance, means that:
a. The property owner in question proposes to use the property in a reasonab/e manner,
however, the proposed use is not permitted by the official controls.
The request to permit additions to the existing home within the 10 foot side setback
area appears to be reasonable as the existing detached garage currently occupies
this space, therefore the adjacent properties may not be adversely impacted.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The location of the existing home and detached garage were preexisting conditions
and not created by the Applicants.
c. The variance, if granted, will not alter the essential character of the locality."
The connection befinreen the existing detached garage and the home resulting in
the detached garage becoming part of the principal structure will likely not have an
impact on the neighbor to the south. However, the existing detached garage is
setback only 1.3 feet from the property line and there is only approximately 11 feet
befinreen this structure and the neighboring home. It is unknown if this existing
situation has an adverse impact on the neighbor or if it will be exacerbated by the
proposed project but it is unlikely to result in a change in character.
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
de�ned 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 a residential home and detached garage are
allowed uses in the LR-1 C District.
3
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G�� No. f 7 7 9
tqkES H���
7. "The board or council may permit as a variance the temporary use of a one-family dwelling
as a finro-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 Property is not conforming to
the LR-1 C 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."The Property is similar in size to but on the small end of the range of the
immediately adjacent property areas.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant."The Applicants have indicated the variances are
necessary.
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." Due to the narrow
width of the lot, the variance to allow the 1.3 foot encroachment for the principal
structure may be reasonable as the existing detached garage is currently close to the
property line.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty.°The location of the existing structure and
the width of the lot are practical difficulties which support the requested setback variance.
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 to allow the existing detached garage
to be attached to the principal structure resulting in a 1.3' side setback for the hause where a 10
foot setback is required, subject to the following conditions:
1. Council approval is based on the survey dated January 30, 2017 by Gronberg and
Associates, and building plans submitted by the Applicants and annotated by Ciry staff,
attached to this Resolution as Exhibits A 8� 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 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
4
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� G� No. b7 � 9
`qkESH���
completed within one year of the date of Council approval, or the variance will expire on
that date (February 13, 2018).
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 Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants' 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 this 13�'day of February, 2017.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� � '
! i�
y� � NO. �
�qk�s H o�``
L
�
i� j
i' �
Prope ner Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this o�� day of��, 20�, by
Geoffrey Martha, husband of Stephanie Martha.
. .
MARIE ANN FERGUSON
� '�' NQTARY PUE?l_!C-�.11NNESOTA
.�����; y _ No ry Public
M Com.c���� �E�o:res
.'�._.„ Janua-. - .-_
v ti�-. . , ,. „
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this oZ/ day of�✓'[.(�t.r , 20 /7, by,
Stephanie Martha, wife of Geoffrey Martha.
a�d ',� MONICA A.FADNESS <-���/Ytit GC� � � �
� . � NOTARYPUBLIC-MINNESOTA Notary Public �
°`���•�`� ti'�Y�nlssion FxA6'es Jan.31,2021
6
b CERTIFICATE (?F SURVEY FOR �„.,
' GEO►FFREY 8c S�'EPHANIE MARTHA -
�rr LOTs �o & ��, ��.acx l, wtLE�'S PARK LAKE MINNETONKA �i LAI�E
HENNEPIN GOUNTY, �INNESOTA ,114„ ,
'p"` MINNETONKA
�
� �^ , �•,�,, CRYSTAL BAY
, ,
, ',, �
�' � �
� �
m,,,, -
� . ,
ty ' , . �< :, -
EX6T�'i � �V,
tIOUSE "� , �'"'� �j4,'��j�_
>
�
r� -
� .�.� } ,, 3...� cw�.al �s��" 92��GCrif2Mip
1
t 3 'i , 1�9 ,a�toa,w.}
k �� �4� y' � F `�� .. ��.
i
1t L i�. � �Vg4 8� f .
�_ '� �.w "5A:1"s ��- ��, sa�k.��'':r�,. �'�s, �•�& �,� �<
9 � �� 'ti� \�� = i�� � '���' �h,
��.�, �,'b ���- ,s� ' . �� �s� � .�*� ��
� 1� a�n -� q� i
,�.>" ' \
�s+ � ��re�u� � '4� i �, �
, � "Ac �
` _ ,� ,,, i
_ ,
„ �, _, � : ,,.� � '�,, L�,. ; ,.�g' ��
, . � �.
Oc3 k� �, d), -�'�- �'�,��'�,. �''� r'""�, '�'� /a , ''��
ira,r � ne4 ,,,.+" � •q'p- 4y . � � . . �+'.
` tiy�� ,e°�• s.�S�'4- � � �:+.. �+a .
� ..\_ '�+ it�' u�}raw -� ' u� �5�� � +w�� � �/c..r.. > i \
a5 _ „� . \ .,. .: .
sraa..sLa° . at�.a] � � � .
!WM � : � 'f 4'=�� ... 1»eqj.. E� ��' +isgw, - �.
�«�� �"�3,w�' �� ,o, °� Ex�srr�� ��e��� �� � �k�`� � �
r� ..
� ,
�aT i� ; " ,r'. �rswxv `� � � ''� �'<� `� ..
��,�� ,�..�..»,� f.. m.Yn � / � tca �� +zaas ''� �
� '�,� � ,-,� ✓ _...._,�'�� '� �� ,� ,�'�.
`� : � i\a� 1�' � '� � �. �� ��� . �.,.
b0 � ,� c'�avu��T .� , ..�- ,.� '� ��� . .� �EGAL t�5CR4�tiGMc�AffE�£5
. � � \p" � �� E� ,. G�pac� � -�. ��
. PARi;�L
� � � s/��cnRnGE \�,, ��f ..l�� ;..,.�-� EXiSTNG � tat«meencm�qkot�'�M�tn enz�tr:�t�a Mmetcr�Ka.e.cept tna tai�r.a�g
��.,�"'� ,¢ � � �+� �rot T' � � r ��ne. or sa o L 1 �ne�.o SaS.tsaaessirp
� "\ cw.ag' e' ,+ �`� ak�nq t�he Sou hwfAitliy Qne of gmd�ot ',�.QU9 ceS thensC 4arlMas�lxty
.
��$7p a° \ � / �. m tl,�taro af 2{y9.35 tsal +a a�o t orv th�Northerty v.s ot s�W L
Q � .. la+?aa� �� �,�� _: 1K) � IF/ :-� &BiOnt f a5a4 talt E15'JiMfy pf"I1c N4Mtf. StitNly q/rre.: lrq!r!JE. 1
�. ;�� I' � t� wsa:�ty on awa r+a.:na.q tre!o ue ec�t ar srg .
�(� �� � 01.� "S}, �?'��i� /2t�t
V" ~� cS� �/ ? pb,cfiy.., • � GRRGEL 2 .
���� .�' es+=� c�rFw+�..,'`i� ,na±e�`s of i,of 3Q.�od� t, ,.wuey n amr�c� �� �sn^.rret.roea.�yu,� �
�� '' ��p,y / , !'�!� C+i�LhweatMly p��Bna drwv�r Wfrtl�eettar�y f om iM1t mosi weseaty �
� s , af satt LaE .3£1 Ca !he��e ot L��tMmsioiwa+hicn fi� rcrar:� (/1
/ �`xi� �1� ,�(�N � � af 8Q&f�eN $b miraAes.SP3 48cantls wi43z Ufc ,ci9uSW►RstQriy fir,e aR Q
�` � �1 .�r � f� ns V" � Lat .',�L7 oi 1hs mo9[Westu�Y cA«w
��� 1 ti��,�ys i` ��o�p .. � •: dmeciea aarv cnmrMer �amnG �
,(/� r
�/� ;. ,. '' _ �� ,G3 f� I�n.3)�.: adrwtes r.ietinq�ra+t �tsvoc�n.r.=,em saa bvel eacum � � �
� 3 �
. . den�tea wnpasa0 eg�t ek+�ai':ian�m,em aea isve7�tsr{? S V
� e� ,a
. \� �x _' � Z
��` . G�. �°.+�,�p3t'a�+. . .... .saa� � . �r,utos axisimq csu%;ar r;ns�mean a<c�va1 rmisun Q � 0
O��`(� � °i��; a�,_ .� --�}--�: A�otes aM+ased::eniar 4ne.masN sea�vat�atun � y •
� � �t � i3eari�vge�s3wWn�a trmed+�o^�ws3xrod�twn
� � This surey�rierMa te Nnw the eanG�ies at tM aaaare engcr��be9
.�` yp°'..... ..�7/� iMn�at��4f t9!axi5!in9 fw�+sa a�z��.spot dev6twns� tovo�
(�y�q^�{,� - GM QtOpOS14$�tlC9'�+�Nk D(fN'R�X'�L98G t931(1t31dR8i G Pf4pOElQ SCCk.
9�ega�+d qro6n.ak 4!sa WcaSe9n ol s�Yib�1t "nar�sbve*" ShbrQ
;yb i Mn5 rwt papa't tro fFws my o[t+a ��fovarcYl�te Fr eswr0ac�a+wt4
� i tMt�Y CKk-�y Uqt$dt-L N4i.0(Y6CiI3C564'bOh�F�iMf[
Mel M W�Bf.IYCdtlNA 9uMi3� Mt �01R0 bY'h!.�'lMk/�Y�ON YupYv�f'��%
WB. -�---�----�-�-�--�-��m GRONBERG & ASSQCIATES INC. �,
��. ,a..�.,.� , � ,�� ���,����..
�+"►-i awm� —����, COAISULTING ENGIN$�RS. LAND SURYPYORS,k SITE PLANAiERS u.�ar tr:a st°�`c a+a��.wsa oea
.�....,.a. .��_�..
�-�s-+a \O
,_,.-n ,m.�.,.aw� .. .. ._._.�...._._,._._._.�. .,.�.........._........�...._ a�5 r�larN wE1.aw t�vf. Ltjrac iace,rA�s, ss3ss .�w
W.....m .»»�. .�..e... . ... . . .
.m...W...._.. ________...e _ 4��_.a'g�_ai4= �7-ota
.._..........�........_...�e_._._.._......__.__.� � wk 5,Cro� �vwaW i��catc Msntaa� rz75�
17—Rf0
�.. Resolution No.
#17-3887
` City of Orono Exhibit B
�++oNo Hardcover Calculation Worksheet
PropertyAddress: ��c�Z 1-��DYl.[.ra�� �PO',�D �M�l�TeVA,�
't tM �E Prepared by: �.Ra�+ E'�eG Q €1` Date: _
+9 ¢AlJ' C/,(,r' , i�/c. ��-��6-
'�c',,�y��
Stormwater Quality Uverlay District Tier: (Circie one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 ��.
I-,3q..��
Step 2: �O DCOVE
In the foflowing tabie,identify ail items of proposed hardcover on the property, keyed by letter to Cartificate of
Survey(survey must�mpany this form). Ir�tude a!t existing hard�ver items that are intended to remain,as
well as all proposed hardcover ttems that wili be added. Use as many lines as necessary to accurately depict
proposed hardcover status of the property. For Tier 1 properties, �entify any features by letter which are spiit at
the 75'setback line and caiculate hardcover square footage separately for each portion.
� S�� Hardcover Item(Describe) length x Width T�are Feet
�
�
� Ga 24'x 30' 72Q S.F.
A Fx�S�iw✓G v�.�`E — �rc+�' = S.F.
B d► �0 / AT F t�t S.F.
� ` _. S.F.
� S.F.
E � R E A s S.F.
� n vs` s.F.
G !' OV S.�.
H S.F.
� S.F.
� a S.F.
K S.F.
� S.F.
M S.F.
N S.F.
� d S.F.
p �a s.F.
Ci t s I 1 S.F.
R l�` S.F.
S .E 4 &F.
T 5,F.
V S.F.
V S.F.
H► S.F.
X S.F.
v S.F.
Z S.F.
1 To�tad Herdoov� S.F.
E�odudaf�l�Hvdaovrr $M C Soo 78-16e4-
S.F,
S.F.
S.F.
S.F.
S.F.
2 T�E�a�udsbl�Hanicover S.F.
3 Net Heudcov� S�Cu�e 2 from Ifne 1 3 S.F.
4 Total Lot Ar�ea ! S.F.
P�oposed Hardcov�Poroentage I�3)♦(4)I Z$.O�X.
Suba�vlsion Applicatbn-J�uerY 2016 Thls 1s en Lnlbrrnatlon padcef�g Handcnv+ar. Evie[y eflbrt hes besn n�ade to
ensru+a!he acxiescy d the inJfametfarr ca+teir►ed berein;hotire�er.�any intvm�ion ts
►rot consistent wJrh provi�ions ai H�Clty Cade,the Cods provlglo�s wHf PreveN.
Pege 19
r _ —_.....
--__ .__.__ �._...__._ ___