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HomeMy WebLinkAboutResolution 6998 Doc No A10678057 Certified, filed and/or recorded on Jul 11, 2019 2:59 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 125 Pkg ID 1843842E 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 NO. 6998 G `gKFSHG�t A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. LA19-000037 WHEREAS, on May 21, 2019, Todd Long and Kathrin Long (hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed 565 Hanlon Avenue (PID 02-117-23-31-0016) and the adjacent lot identified as PID 02-117-23-31-0017, and legally described as: Lots 7, 8, and 9, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, on May 23, 2019, the Applicants made a request to Hennepin County to combine PID 02-117-23-31-0016; and PID 02-117-23-31-0017 into one tax parcel. Hennepin County confirmed this request which will be completed in the 2020 tax year; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of an addition to the home including a porch 16.9 feet from the rear street/alley lot line where a 50 foot setback is required; and WHEREAS, on June 17, 2019, 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 17, 2019, the Planning Commission recommended approval of 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: 1 �ONp CITY OF ORONO RESOLUTION OF e§C] YgZOUNCIL NO. 7 tgXES H o�� FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000037. 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 Rural Residential Zoning District. 3. The Property contains 0.43 acres in area and has a defined lot width of 150 feet. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Rear/Street 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 proposed variance is in harmony with the purpose of the Ordinance. The small lot has difficulties in its small size and depth as compared to the District requirements. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variance to improve an existing home on a nonconforming lot of record 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. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 9 9 8 tgkESHO�r" The request to permit construction of the additions to the home on the substandard lot, in the proposed location within the rear yard setback, appears to be somewhat reasonable as the Property's reduced size creates difficulties and the location of the existing home makes expansion in a conforming way on the west side impossible. The encroachment proposed within the rear yard appears to be reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The uniquely small size, location of the home with respect to the rear yard/alley, and required setbacks prevent expansion of the residential footprint. The conditions of the lot—size/depth, setbacks, wetland —are unique to the Property; c. The variance, if granted, will not alter the essential character of the locality." The variance is requested in order to permit construction of additions to the existing home which will encroach no further into the setback than the existing lean-to portion of the home (to be removed); and will not alter the character of the neighborhood according to the submitted information. 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 residence is an allowed use in the RR-1 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's substandard size, the required setbacks, and the existing home's proximity to the alley/rear lot line create difficulties which also apply to some of the properties in the same neighborhood. 3 CITY OF ORONO RESOLUTION OF THQE CITY COUNCIL NO. 198 ES H O�0 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's substandard size, the required setbacks, and the existing home's proximity to the alley/rear lot line create difficulties which also apply to some of the properties in the same neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the rear yard setback variance is are necessary for the preservation of 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 rear yard setback variance in this unique situation is not contrary to the intent of the zoning chapter. 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 rear setback variance is necessary, and does 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 a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of an addition to the existing home with a covered porch approximately 16.9 feet from the rear street/alley property line where a 50-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 site plan and building plans dated 05/14/19 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 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 variance will expire on that date (July 8, 2020). 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 99 8 _. �gkESHG�F G 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 8th day of July, 2019. ATTEST: CITY OF ORONO: '�9' "'L wlaA�)) Anna Carlson, City Clerk Dennis Walsh, Mayor 5 61OZ/171/90 l6C99 NW'VIV7WM]AV NOINVH 999 AWDHOS :3lIS__ _; ___ _ 3snOH JNOI 1 -£EXL3.0ULMS �i — uniirnrs CYN I :0 3943 ti Z IIObVd r\ / IAOWIN 01 SILK JNIlSIXI U) S r ------ — as Lu 4tWMIAINCI /� o � m � t 13O21Vd �\ • 3niaa g IiI?ONOO MIN (3) ................... ?11JVOSONVl kS IIVM D> 1 N, s ,oz :. �m i ONINIVlIN MIN fj OIlVd 113dDNOO MIN r NIVM Il]?ONOO MIN / ONIalino ONIlSIX3 -4 r / O / ��,.�-- ---- L�D _ / L ""s` H3NOd 1NONJ MIN ' �6\L 3,19,Lle9Q8 City of Orono Q 9 �O Hardcover Calculation Worksheet '1 Property Address: Prepared by: © Date: Stormwater Quality Overlay District Tier: (Circ'le one) Tier 1 Tier 2 liir 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to site plan or 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 letter 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 SurveyS uare Feet (Example) (Garage) (24'x 30' 720 S.F. A I I 6 S.F. B L'-- Ue 3 S.F. C ,'o S.F. D ro S.F. E „-e iV-�') — 112-1 S.F. F 6/ S.F. G i ' n n W 2 J.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. O 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 S.F. Z S.F. 1 Total Proposed Hardcover 3 OZ S.F. Excludable Hardcover See City Code Sec 78-1684): S.F. S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover S.F. 3 Net Proposed Hardcover Subtract line 2 from line 1 7o2- S.F. 4 Total Lot Area "'06" oC S.F. Proposed Hardcover Percentage [(3)+(4)] q,�/ % Last Updated: July 2018 Note: This is an information sheet only,every effort has been made to insure 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. 52'-3 112" 14'-10 1/2" 4'-51/2" 6'-01/2" -6 1/2" 14' 1/2" 51-10" 4 1/2' 6X-41/2" ry 14! Oa I y 14S LVT FRONT DECK KITCHEN BEDROOM#2 2'-0- STAMPED 168 SF MASTE 120 SF CRPT 01 BATHROOM, CONCRETE LVT 5m om", F 49 SF 79 SF --CT Elm Y 14 Lv, AT _4 JBA -'S T 4 F �T V cohc —r VE I sl Ept �3; HALLWAYWIC i i CT 44 SF MASTER 79 SF LVT I CRPT BEDROOM 133 SF X-6" CRPT K. L[WD ITLA11 I -T— D� L11 ii' ' 13'-6" 3'-10 1/2 6'-6" LIVING ROOM 452 SF �14 32'-2. LVT 61/2" c: 71- '_ rx a =r ui 20'-1 1/2" 0 00 LONG HOUSE 3/16"=Y-O" AIN LEVEL 565 HANLON AVE WAYZATA,MN 55391 05/14/2019 6998 50'-11" 6'-51/2" 5'-81/2" 13'-111/2" ISF MECH/ lz WELI STORAGE LAUNDRY BEDROOM k3 ROOM 140 SFT7L.12- 3/413ATH 54 SF u101 SFCONCR. IF - CONCR. CT c, CENTRALHOME CRP7 com48 SFO. a ' wr ', 13.-7, Y T jays zo 2 CAR GARAGE HALL CONCR � 166 SF SVT b FAMILY ROOM wT —_ 125 SF WD STAIR n i .-,-.-.-.-..k s R -A 1, — —-- 18•_9• >'+ LONG HOUSE 3/16"= -0" LOWER LEVEL 565 HANLON AVE WAYZATA,MN 55391 05/14/2019 6998 ------------------ --------------------- EXISTING ROOF I NEW ASPHALT SHINGLE O CERTAINTEED LANDMARK ? CHARCOAL BLACK N ui Lu 0 'a U O Q O I L ------------------------------- i NEW PORCH ROOF ASPHALT SHINGLE 1-- CERTAINTEED LANDMARK CHARCOAL BLACK I I I I I I LONG HOUSE 3/16"=1'0" ROOF SCHEME 565 HANLON AVE WAYZATA,MN 55391 05/14/2019 6998 ROOF B.O._TRUSS n T-10 1/4" v —M.L.SUBFLOOR 0'-0" 1 M.L.B.O.JOISTS -0'-10" L.L.SLAB est -7'-11 1/2" 3/16"=1'-0" i I ROOF B.O.TRUSS I1 M T-101/4" ,4-6" �:..4-6" 3.'D. 0. ;o t.... iv r........-.._ ✓ -__. _ - - - M.L.SUBFLOOR I1 ... .... —— — M.L.B.O.JOISTS 11� El -0'-10„ w w.E -------- - - I�t .......... ....... South -7'-11 1/22" 2 3/16"=1'-01, LONG HOUSE ELEVATIONS 565 HANLON AVE WAYZATA,MN 55391 07/14/2019 6 99 8 111--.,- _ ROOF B.O.TRUSS n 7'-101/4" 1 E�; oFnF" M.L.SUBFLOOR � „ 0'-01 -- ... —------------ --- M.L.B.O.JOISTS - --- 0„ V 0'L LL—j 1 ---------_-------- L.L.SLAB n East 7 11 1/2" 1 3/16"=1'-0" ROOF B.O.TRUSS n 7 7'-10 1/4" M.L.SUBFLOOR - 0 0 ---- - M.L.B.O.JOISTS -- — - -- - -0' 10" 2 North 3/16"=1'-0" LONG HOUSE 3/16"=1'-0" ELEVATIONS 565 HANLON AVE WAYZATA,MN 55391 05/14/2019 / 1 �Nnp: I r