HomeMy WebLinkAbout#6693-variances-2016CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6693
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO. 16-3873
WHEREAS, Ryan Scott Blackwell and Natalie Osdoba Blackwell, a married
couple (hereinafter the "Applicants"), are the owners of the property located at 80 Smith Avenue
and legally described as:
Lot 42, Orono Orchards, Hennepin County, Minnesota (hereinafter the
"Property');
WHEREAS, on September 21, 2016, the Applicants made application to the City
of Orono for variances to Orono Municipal Zoning Code Section 78-420 to allow construction of
rear decks, and main floor and second story additions to the existing home 22.3 feet from the
front lot line; and 11.8 feet from the north side lot line where 50 foot front and 30 foot side yard
setbacks are required; and
WHEREAS, on October 17, 2016, 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, the Planning Commission recommended approval of the variances;
and
WHEREAS, on November 14, 2016, 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 variances 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 #16-3873.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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .6697
2. The Property is located in the RR -1 B One Family Rural Residential Zoning District.
3. The Property contains 0.87 acres in area and has a defined lot width of approximately 60
feet.
4. Applicant has applied for the following variance[s]:
a. Front Setback Variance
b. Side Setback Variance
5. 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.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The proposed footprint addition, decks, and second story
addition are residential in nature. There is adequate space for light, air and open space
between the home and Smith Avenue; the proposed second story addition will not further
encroach into the front or side setbacks. The variances are in harmony with the Ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances for improvements to a single family residence in a
residential zone are consistent with the Comprehensive Plan as well as the character of
the neighborhood.
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 request to permit construction of additions to the home, within the 30 foot side
and 50 foot front setback areas appears to be reasonable as the adjacent
properties do not appear to be adversely impacted; the mature vegetation and
topography separate the Property from both roadways as well as adjacent
neighbors. The setback encroachments will not create an unreasonable perception
of additional massing.
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 669 17)
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The location, size, and orientation of the home on the Property were not the result
of actions by the Applicants. The portion of the neighboring home to the north is a
one-story garage set back sufficiently to allow for light, air, and open space
between the two homes.
c. The variance, if granted, will not alter the essential character of the locality."
The proposed additions to the home will not alter the character of the
neighborhood. The existing home garage is set back 36 feet from the paved
roadway of Smith Avenue and it does not appear that a second story addition will
adversely impact the neighbor to the north. Further, the existing home is lower on
the hill than Smith Avenue, and when compared to properties to the north, further
reducing the impact.
4. "Economic considerations alone do not constitute practical difficulties." The Applicants have
not indicated economic reasons for their variance request.
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 criterion 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." The proposed additions are residential in nature and are permitted. This criterion
is met.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This criterion 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 Property is a corner lot with a defined front
yard on Smith Avenue. The home (according to Hennepin County) was constructed in
1947 and is in a nonconforming location on the Property. The proposed improvements will
not increase the footprint nonconformity within either setback.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The topography, which drops off steadily as you move east, the
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
N. 669 }
narrowness of the lot, as well as the nonconforming location of the home on the lot make
the Property unique.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Options for conforming expansions of living
space, including going upward, are severely limited on the Property. Staff finds the
variances are necessary to preserve the property right of the Applicants.
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 the
requested variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the 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 lot width, the location and size of the
existing home, as well as site topography, create practical difficulties affecting the
Property; the variances are necessary and will not merely serve as a convenience to the
Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances to Orono Municipal Zoning Code Section 78-420 to allow for the construction of rear
decks, and main floor and second story additions to the existing home within the side and front
setbacks. The footprint and second story expansions are permitted 22.3 feet from the front lot
line; and 11.8 feet from the north side lot line where 50 foot front and 30 foot side yard setbacks
are required, subject to the following conditions:
1. Council approval is based on the survey dated September 16, 2016 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibits A & B (hereinafter the "Plans"). 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
completed within one year of the date of Council approval, or the variances will expire on
that date (November 14, 2017).
H
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 669
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 14'" day of November, 2016.
ATTEST: CITY OF ORONO:
e Tiegs, City Clerl Lili Tod McMillan, Mayor
Property Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Property Owner
This instrument was acknowledged before me this _ day of , 20_, by
Ryan Scott Blackwell, husband of Natalie Osdoba Blackwell.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this
Natalie Osdoba Blackwell, wife of Ryan Scott Blackwell.
Notary Public
6
day of , 20_, by
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