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HomeMy WebLinkAboutResolution 6916 Doc No A10615459 Certified, filed and/or recorded on Nov 28, 2018 3:42 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 87 Pkg ID 1764356E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. '‘v.ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 6 9 1 6 j'ktSH0IL �� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-395 FILE NO. LA18-000081 WHEREAS, on October 2, 2018, Brain Haas o/b/o Jeffery Gossen ("Applicants"), applied for a variance from the City Code for the property addressed 4260 Sixth Ave N and legally described as: Lot 1, Block 1, SHARON HILLS (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow 37'west side yard setback and 32' east side yard setback where 50' is required and WHEREAS, on October 15, 2018, 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 15, 2018, the Planning Commission recommended approval of the variance; and WHEREAS, on November 13, 2018, 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 concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA18-000081. 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 RR-1A Zoning District. 1 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �- NO. 6 9 1 6 ��zEsno 3. The Property contains 1.85 acres in area and has a defined lot width of 140 feet. 4. Applicant has applied for the following variance: a. Side Yard Setback 5. 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 proposed to remodel and construct an addition to the existing single family home on a residential lot, 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 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 applicant is proposing to use the property in a reasonable manner with the construction on a single family home. There is limited space to construct a conforming structure on the site due to the lots nonconforming size and width. 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 c. The variance, if granted, will not alter the essential character of the locality." 2 '‘74*PL. OA/p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1.. NO. 6 9 1 6 GkESHO44 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 RR-1A 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 lot with in the RR-1A zoning district is unique for the requested setback variances. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property.The lot is non-conforming as to width,the RR-1A zone requires 300 feet. The lot at 140 wide offers a 40'wide buildable envelope 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this statement to be true to allow for construction of an addition to a single family home on this parcel. 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 application has stated the narrow lot has setback challenges for constructing additions to an existing single family home. 3 -%7LOATp CITY OF ORONO ci RESOLUTION OF THE CITY COUNCIL yNO. 6 9 1 6 *IL- --ESHO.'� 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 78-395 to allow side yard setback variance 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 October 2, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A. 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 addition 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, 2019). 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. il ADOPTED by the Orono City Council on this �3 day of Yelreillb4 K , 20 if.iAT ST: CITY OF ORONO: A.A.. ---- 4) '40 4111 . nna Carlson, City Clerk Dennis Walsh, Mayor 4 Exhibit A CERTIFICATE OF SURVEY FOR6 ('S 1 6 J.R. HULTMAN HOMES 7 OF LOT 1, BLOCK 1, SHARON HILLS HENNEPIN COUNTY, MINNESOTA Reso No. ti. LA18-000081 • h°` _ _--°wx' 'a-4'E'; ry. A? s ZO `mac o _ __oee-_. C-,u mA ; LOT 1 ,. s34. � �a ( ,r�n� y� L O 1 i,�m.r PROPOSED E%5 lIOBSE ` 0 Su` ( ADDfTIOH 0_ 2� �, Jy '4 loom N, J• I x.e- 1 0 I ',. = f CCA ti° • €. -' SEE DETAIL- ^• o �` '� o ..e F W011 /:" ‘ / g VS.i5. i .r `aeso'�r,J i€ 12 11 ' if DETAIL :€e 3 ` ,'. f 1 -]o' SCALE 'ID 3 nAn t _� 1 , 4 I 1 k. cr \ , �� : \ �V, �,a°te , \I l & • \ Ff )- LEGAL DESCRIPTION OF PREMISES / Lot 1,Block 1,SHARON HILLS �Aoo4, •: denotes iron marker found a ° level datum ....."" / ,-�-�ph .L'y- (soda): senates existing spot elevation,mean sea R -•-s1)---, denotes exiting contour one,mean sea level datum $ $ �J - %.\. Bearings shown are based on the Hennepin County coordinate basis. `1.q)' This survey intends to show the boundaries of the above described property,the Pcation of a existing house,garage,driveway,all visible"hardcover"and topography @ s around the house,and the proposed location f a proposed garage thereon.It does Ap not purport to show any other improvements or encroachments. 31 re 27, IF iiLii i0 i 54gth LI 114 61 LII ki la rn 11 iiF 11 ka ANN Ac -_ ` 6l5e i L kr . L_ ._ 61 11 'ig4.1111.1,WaWeiN' 41, `�L_Jtimmi 4L_ Y ----Ji egeawszokel PI N r rri ',gt 6i 101. a r ga u_ 1. Z' 11 v II �- � ' r T�-r 1,11 i h0. i ` .0 , II. . J Ltx____ `" �iI 4771R rill ii r.6- o. ADDITION AND REMODELING for the: F' � D1. y GOSSEN RESIDENCE 4260 COUNTY ROAD 6 '��da M ORONO,MINNESOTA I N / ne i }all ..e 11 I z F i 01 Or u . Y8 is Q n b M[1■ L A7 P Xal F$ B 8 a dd 5 lg bad I a� "' S i �/ o agbx i I !E_ Z § 1 ` A . le ga 11 ilL 6 6 • _ I ii_ �Iid — - 1 gg �. tgs _ �3 ggl ; fig, ih gSAB Bl " a as Dt H ADDITION AND REMODELING for the: o' ... ..1... ..1y=m GOSSEN RESIDENCEg x 4260 COUNTY ROAD 6 ,a.i 0..... ' IN4P N f. y + ORONO,MINNESOTA 6916 RDS *ws,es ARCHITECTS wO,HIGHWAY 169 ne1.411 w DOC. ^L' D ADJACENT tt‘lIR _— _ r 7-1 /21 I:,4aIf I J� .w. ,..,.. MMIN POT14 1 E= = r _ _ . \_ _ _...=, __. - - - - - - - - - I 1 - - - -- �` J= i•.*.!.! lidri. 00.-00,40.:,0 iii. - -- Y Y Y ♦ v . v n r - SOUTH ELEVATION WEST'ELEWiTION-- - - 411 SCeLE�'4,1'-E' AI.i SCVIL'•.'•I'E• W V 4 . W MIRE scwa 0 - U v) ; 1!hj!fhuu O Fil H I I II W Il 2/om .� W �� II IJ, \ z Vl I I■ O 'w O O .� -� won (A1 0' I_ __• ill .••• ••1� •••~ --Q V `71-CD.sem wane I I ' ' PPIII n«v :DSII .... v«' `��' 15511E JVLY 17 N10 REVISIONS NORTH ELEVATION L�� s ® ® EAST ELEVATION x4E liS•I'-E' SCALE:1I'•I'-E' SHEET t A2.1 , lai -:2 lim 1 : •,<4 tw gi L itim 1 . „ ,.,.. _,..„....... ... 0 ii-WW111 41 1 O V [III 1^yjpty 1 PO l s-p; psi i t g X 1 p _ EqUR ' E m2 maig :g4 C- Dii 'l Il cr, 6 V \ ®© f 1� 1 I I 5 rg id fi 21 i agb4 it a © it g ., R€ 3: s ��-"yI ��..�a , �� ^3 6�K. �K. �.,u�.wn.�cn� :,4"��SoA�� V ` F AK Pu'x`^Uvfi wwemi b . . icb C. L . i ' !1iiil a , , CT ADDITION AND REMODELING for the: 0 D °m GOSSEN RESIDENCE , ....," w y 4260 COUNTY ROAD 6 y'` Q• j ORONO,MINNESOTA