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Home My WebLink About#6779-variances-2017 -5 (P-1 o 73b o P co Doc No Al 0471619 Certified, filed and/or recorded on Aug 11, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1587416M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 6779 � G t'�kFSHO�`ti A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350 &78-1605 FILE NO. 17-3942 WHEREAS, on May 19, 2017, Lori Zappa ("Applicant"), applied for a variance from the City Code for the property addressed 3670 Togo Road and legally described as: The East 50 feet of the West 158 feet of the South 175 feet of Lot 4, Block 10, Townie of Langdon Park, Hennepin County, Minnesota,except street(hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100 feet in width are required; 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 a new home to be constructed 18 feet from the front lot line where a 30 foot setback is required; 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 construction of a new home 4.2 feet from the side lot line where a 7.5 foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1605 to allow a 12 foot by 12 foot screened porch to be 22 feet from the wetland where a 35 foot setback is required; and WHEREAS, on June 19, 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 June 19, 2017, the Planning Commission recommended approval of the variances; and WHEREAS, on July 24, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff, and I CITY OF ORONO RESOLUTIONO Q COUNCIL y� ' NO. 7 G t�kFSHO�� 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 #17-3942. 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 Single Family Lakeshore Residential Zoning District. 3. The Property contains 8,250 square feet or 0.18 acre in area and has a defined lot width of 50 feet. 4. The Property is within Tier 3 and hardcover is limited to 35°x6 according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area b. Lot Width c. Front Yard Setback d. Side Yard Setback e. Wetland Setback 6. In considering this application for variances, 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 lot width and lot area variances are consistent with the general intent of the Ordinance. The requested side yard, front yard, and wetland setback variances are in harmony with the Ordinance. Light, air, and open space will not be reduced for adjacent neighbors by the new home. The wetland, side yard, and front 2 �p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6779 _ t�kESH�Q`E setback variances requested for the home and porch are reasonable considering the depth, and buildable width of the Property. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan."The variances resulting in a permit for construction of 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 difficu ties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the prgxviy in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the home on the foundation of the existing home within the side setback, front setback, and wetland setback, appears to be reasonable as the Property's narrow width and depth (due to the wetland) creates a difficulty. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub-standard size of the Property was not the result of actions by the landowner. The location of the home and garage on the Property, the high water table,the narrowness and shallow depth of the buildable area create difficulties for developing the Property. c. The variance, if granted, will not alter the essential character of the locality.'" The lot area and width variances will not alter the character of the neighborhood. It does not appear that the setback variances to permit the new home will adversely impact the adjacent property owners. 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. 3 CITY OF ORONO RESOLUTION OFF THE CITY COUNCIL NO. M 77 9 SH0�� 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 looted."This condition is not applicable, as the use for a residence is an allowed use in the LRA C 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 wetland, high water table, the narrowness and shallow depth of the buildable area of the Property create difficulties unique to the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is looted." The wetland, high water table, the narrowness and shallow depth of the buildable area of the Property create difficulties unique 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 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 substandard area and width of the Property; its wetland and location of the existing home and garage create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner. 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 78-350 to allow a new home to be constructed on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100 feet in width are required; a variance to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed 18 feet from the front lot line where a 30 foot setback is required; a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new home 4.2 feet from the side lot line where a 7.5 foot setback is required; and a variance to Orono 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G�� NO. 6 I 1 9 Municipal Zoning Code Section 78-1605 to allow a 12 foot by 12 foot screened porch to be 22 feet from the wetland where a 35 foot setback is required, 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 05/30/17 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as (Exhibits A& B. 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 Applicant, 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 (July 24, 2018). 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. ADOPTED by the Orono City Council on this 24th day of July, 2017. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 5 e th 6779 � �� I :�Wo.; Resol No. � a I #17-3942 i I ------ ZZIPCOO IVI4 OD! 8 a 2 y 7 ei# � MfGA�N 2 % RIZ a t An additional 40 sf of hardcover permitted to be $ � f added to deck per updated w existing hardcover calculations. m fim � or a1431 ll £ g bal � �1,1 1111 1 a�1 11 li Zb6£-L 6# ON rosea 6 r /� Z (n 0 DRAWINGS PROVIDED BY: Project for: 7 D SDSrn Sunrise Design Lori Zappa '-' c & Construction Remodel I Stillwater MN 20' T-T 1/2" 10'-41/2" 4' 3'-91/2" 4'— L ' F W -n W Z � a I Pp 7057 I w I I O � I I v I I I I N I L� I I Vrn I x Irn rn I I I< Z I b7C%'c I I n I I I = I I I I I I I L ------L------ 17 20' _ (n p DRAWINGS PROVIDED BY: Project for: W D rn Sunrise Design Lori Zappa .. c & Construction Remodel d 11 0 Stillwater MN sa ---------------------- I D0000000000000000000Q= Ir------------------- I I I I I I I I I I I I I I I I I -n I I I I 0 I I I I 3 I I I I Q I I I I fll I I I I 0 I I I I 3 I I -ii I I 'Z1 i i z D3 I I I I Z I I i I I I = I I I I 11 1 I I I O I I I I I I I I I I I I I I I I I I I I I I I I I I I I ----------------------J -------- ---- --- ---- so' VI (n Q DRAWINGS PROVIDED BY: Project for: 9 W n Sunrise Design rrn�r r M 9 Lori Zappa & Construction Remodel o Stillwater MN