HomeMy WebLinkAboutResolution 6999 Doc No T05627186
Certified, filed and/or recorded on
Jul 11, 2019 3:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 132 Pkg ID 1843843E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1418845
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G� NO. 6999
I�kESHOR�
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-420
FILE NO. LA19-000038
WHEREAS, on June 3, 2019, Gregg Katchmark("Applicant"), applied for a variance
from the City Code for the property addressed 140 Leaf Street and legally described as:
Tract C, Registered Land Survey No. 744, files of Registrar of Titles (hereinafter the
"Property");
WHEREAS, the application was for a variance to Orono Municipal Zoning Code
Section 78-420 to allow 31.7 foot setback from the front property line where 50 feet is required;
and
WHEREAS, on June 17, 2019, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the City Council 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 17,2019,the Planning Commission recommended approvalof
the variance; and
WHEREAS, on July 8, 2019, 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 # LA19-000038. 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-1 B Zoning District.
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3. The Property contains 0.6 acres in area and has a defined lot width of 180 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:
a. Front Yard Setback
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. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed front yard variance is in harmony with the purpose of the Ordinance. The
small lot includes difficulties in its area and depth.
2. The variance is consistent with the comprehensive plan. The proposed variance to
expand the home on a nonconforming lot of record is consistent with the
comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; the request to permit construction of the
additions to the home on the substandard lot, in the proposed location within
the front setback, appears to be somewhat reasonable as the property's
reduced size and depth and 75' creek setback create difficulties.
b. There are circumstances unique to the property not created by the landowner; the
uniquely small size and depth, and the location of the protected tributaryand
required setbacks prevent a reasonable residential footprint. and
c. The variance will not alter the essential character of the locality. Other properties
in the neighborhood have similar setback challenges, the subject property
will not be out of character with the neighborhood.
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.
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�ONp CITY OF ORONO
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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 single family home is an allowed use
in the RRA B 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 property has an extremely limited
building envelope. The front setback and creek setback overlap for much of the lot
leaving a small triangle building area towards to south end of the property.
9. The conditions do not apply generally to other land or structures in the district in which the
land is located. The property is substandard in area and has overlapping setbacks in
the front and rear yard.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Staff finds this 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
variance does not imminently threaten health, safety, or morals.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The variance for the front yard setback
in necessary, and do not merely serve as a convenience to the applicant. Other
locations impact the creek yard, or side yard setbacks, which impacts massing.
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 78-420 to allow 31.7 front yard setback, 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 5/15/2019 and building plans
submitted by the Applicants and annotated by City staff, attached to this Resolution as
Exhibit 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 new
construction and commencing construction of said project. A framing inspection must be
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6999
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IgkESHOeti
completed within one year of the date of Council approval, or the variance will expire on
that date (July 8, 2020).
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 044 day of ja/ 20_1
ATTEST: CITY OF ORONO:
Arr(na Carlson, City Clerk Dennis Walsh, Mayor
4
6999
CERTIFICATE OF SURVEY FOR
GREGG KATCHMARK
33 I 33 OF TRACT C, R.L.S. NO. 744
HENNEPIN COUNTY, MINNESOTA
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LEGAL DESCRIPTION OF PREMISES
Tract C, Registered Land Survey No. 744, files of Registrar of Titles,
County of Hennepin, Minnesota.
9: denotes iron marker found
(908.3): denotes existing spot elevation, mean sea level datum
--917--: denotes existing contour line, mean sea level datum
Bearings shown are based upon an assumed datum.
This survey intends to show the boundaries of the above described property,
the location of an existing house, deck, driveway, retaining wall, trees, spot
elevations, topography and all visible "hardcover", and the proposed location
of a proposed addition thereon. It does not purport to show any other
improvements or encroachments.
Tolli
RONBERG AND hereby-
by rtlf�that this plan,I
as Prepared y or under 1"-20•
-1 that i Lite.se,1-d Su -de,
ASSOCIATES, INC. the No— of _,at.. ONn
CONSULTING ENGINEERS,LAND 2-14-17
SURVEYORS,&SITE PLANNERS
445 NORTH WILLOW DRIVE doe an
-01 KE.MN.55356
19-13652-473-4141 Mark SGran wg Niressoto L,.-n.Y Number
12755
19-136
City of Orono 6999
�No Hardcover Calculation Worksheet
yf Property Address: ,p L Ef ir T T. AGR E G G kA rf NMA4 K)
IsHVFE Prepared by: , Date:
GR OryB
Stormwater Quality Overlay District Tier: (Circle one) der Tier 2 Tier 3 Tier 4 Tier 5
Step 1 (STING HARDCOVE
In the following table I entl a items of existing hardcover on the property, keyed by letter to Certificate of
Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing
hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the
75'setback line and calculate hardcover square footage separately for each portion.
Key Hardcover Item(Describe) Length x Width Total
Survey
(Square Feet
(Example) (Garage) (24'x 30' 720 S.F.
A '14151 S.F.
B S.F.
C ,eA C k rr1A 11/ wit 2 S.F.
D J'TOGP S.F.
E L 2 S.F.
F W006 o1ErjiA.-,JA,'i9 "tAS S.F.
G COA,'CICTC AdTJV a I S.F.
H ALL S.F.
I J-7.41At Ay S.F.
S.F.
K S.F.
L S.F.
M S.F.
N S.F.
O S.F.
P S.F.
Q I S.F.
R S.F.
S S.F.
T S.F.
U S.F.
V S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
1 Total Existing Hardcover V2 6'0 S.F.
Excludable Hardcover See City Code Sec 76-1684):
E Je 1AIMIC WdZZ S.F.
G4iO0Of V T A 0 Ag,iA-- S.F.
jV Lu S.F.
S.F.
S.F.
2 Total Excludable Hardcover S.F.
3 Net EAsting Hardcover Subtract line 2 from line 1 S.F.
4 Total Lot Area AOaLIC fz41AA.-I-A kf E E'X cl., IFA F 17. A14,tJ = 6-?67 S.F.
Proposed Hardcover Percentage [(3)+(4)] /Jr 35 %
(Proposed Hardcover next page)
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the intbrmation contained herein;
however,if any information is not consistent with provisions of the City Code,the Code provisions will prevail.
Page 8 of 9
City of Orono 6999
�oNo Hardcover Calculation Worksheet
=f `� Property Address: /`2,0 zCA F ST. �CAVGG k4rrmm.4R k
+F=��•` Prepared by: Date:
GR 4,)fo C/
'47,FT A/C. S-15- 19
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: ROPOSE HI R COVE
In the following e, laeen'fdy a items of proposed hardcover on the property, keyed by letter to Certificate of
Survey(survey must accompany this form). Include all existing hardcover items that are intended to remain, as
well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict
proposed hardcover status of the property. For Tier 1 properties, identify any features by tetter which are split at
the 75'setback line and calculate hardcover square footage separately for each portion.
Key to Hardcover Item(Describe) Length x Width Total
Survey (Square Feet
(Example) (Garage) (24'x 31 720 S.F.
A F S S.F.
B �� S.F.
C ii — T -Mr — / S.F.
D .. / S.F.
E hAE A/t* A1FAfVLr,0 —VILL- S.F.
F tr S.F.
G S.F.
H it I S.F.
I Al 16--IA117 Af MOWP S.F.
J O A/ S.F.
K S.F.
L S.F.
M S.F.
N S.F.
0 S.F.
P S.F.
Q S.F.
R S.F.
S S.F.
T S.F.
U S.F.
V S.F.
W S.F.
-
X S.F.
Y I S.F.
Z I S.F.
1 Total Proposed Hardcover S.F.
Excludable Hardcover See City Code Sec 75-1684):
S.F.
Glid S.F.
S.F.
S.F.
S.F.
2 Total Excludable Hardcover S.F.
3 Net Proposed Hardcover Subtract line 2 from line M1 S.F.
4 Total Lot Area Atf Ow JGti " I 4Kf c NO ,41C Z EA it f7,LcJ_ = S.F.
Proposed Hardcover Percentage i(3)+(4)] /„rj. y/%
Subdivision Application-January 2016 This is an information packet regarding Hardcover. Every effort has been made to
ensure the accuracy of the information contained herein;however,if any information is
not consistent with provisions of the City Code,the Code provisions will prevail.
Page 19
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