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Home My WebLink About#6204-variances-2013 Doc No A09930702 Certified, filed and/or recorded on 3/19/13 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 949001M Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-1279; 78-1435; 78-1680; AND 78-1700 FILE NO. 12-3583 �r. 05 ((7 33 t( 0oot O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 2 0 4 t�kESH0 A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-1279; 78-1435; 78-1680; AND 78-1700 FILE NO. 12-3583 WHEREAS, Carl P. Rhame and Andrea J. Rhame, a married couple, (hereinafter "Applicants") are the owners of the property located at 3245 Watertown Road within the City of Orono (hereinafter "City") and legally described as: That part of Lot 2, Auditor's Subdivision No. 203, Hennepin County, Minnesota, lying northerly and easterly of a line drawn from a point on the North line of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian, 335 feet west from the Northeast corner of said Section, to a point on the East line of said Section 5, 263 feet south from said Northeast corner of said Section 5 (hereinafter"the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-1279(3) in order to construct a detached garage 68 feet from the creek where a 75 foot setback is required; and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Sections 78-1680 and 78-1700 in order to construct a detached garage and driveway resulting in 904 square feet of hardcover within 75 feet of the creek where hardcover is not permitted and 1,562 square feet currently exists; and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-1435 in order to construct a detached garage 39.5 feet from Watertown Road where a 50 foot setback plus a setback equal to or greater than the house is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 22, 2013, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #12-3583. Page 1 of 5 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6204 S11 2. The Property is located in the RR-113 rural residential zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. The Property is approximately 0.6 acre in area and has 335 feet in width along Watertown Road. 3. The Planning Commission reviewed this application on January 22, 2013 and on a vote of 4 - 0 recommended approval of the variances, based on the following findings: a. The Property is served by sanitary sewer. b. The shape of the Property; the creek and wetland locations; and the location of the existing home make it difficult to construct a conforming detached garage elsewhere. c. The Property has an existing detached garage proposed to be removed, which is located closer to Watertown Road and to the creek than the proposed detached garage. The encroachments will be lessened with the proposed garage. d. The existing detached garage results in 499 square feet of hardcover within the 75' creek setback; 915 square feet of driveway also exists in this zone. The proposed plan will decrease the amount of hardcover by 658 square feet. e. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. f. The Applicants' request is reasonable and will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. g. The Applicant's request is in harmony with the purpose and intent of the ordinance. h. The proposed detached garage constructed on the residential property is consistent with the comprehensive plan. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed Page 2 of 5 O O CITY of ORONO 'a �+ RESOLUTION OF THE CITY COUNCIL NO. 6 2 0 4 SIR variance on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance from Orono Code Section 78-1279(3) approving a 68 foot setback from the creek where a 75 foot setback is required; a variance from Orono Code Sections 78-1680 and 78-1700 in order to construct a detached garage with driveway resulting in 904 square feet of hardcover within 75 feet of the creek where hardcover is not permitted and 1,562 square feet currently exists; and a setback variance from Orono Code Section 78-1434 approving a 39.5 foot setback from Watertown Road where a 50 foot setback plus a setback equal or greater than the house is required, subject to the conditions listed below: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Prior to the issuance of a building permit for the garage the Applicants shall request a wetland buffer evaluation by the City. The 16.5 foot wetland buffer shall be established (or improved) and maintained in the areas shown on Exhibit A. The buffer work shall be completed prior to the release of the building permit escrow. 3. Permits from the MCWD may be required; copies of MCWD approvals should be submitted to the City prior to the issuance of a building permit if appropriate. 4. The Applicants shall follow all of the City Engineer's recommendations regarding grading, wetland buffer requirements and retaining wall construction with the building permit. Page 3 of 5 O O CITY of ORONO 4 i ti RESOLUTION OF THE CITY COUNCIL NO. 6204 t�kESHOg� 5. The building plans submitted are for the purpose of setback review. The construction plans and survey submitted for building permit will be reviewed for conformance with Orono's building height and number of stories calculation. 6. 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 (February 11,2014). 7. 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. 8. The undersigned Applicants have read, understood and hereby agree to the terms of this resolution and on behalf of their 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 11th day of February, 2013. ATTEST: Rachel Dodge, Deputy City Clerk Lili Tod McMillan, Mayor Ca ame Andrea J. Rhame Page 4 of 5 O O CITY of ORONO RESOLUTION OF JHE SCI�COUNCIL G� NO. ESH STATE OF MINNESOTA COUNTY OF HENNEPIN C�4 This instrument was acknowledged before me this f day of 2013 by Carl P. Rhame, husband of Andrea J. Rhame. RACHEL DODGE NOTARY PUBLIC-MINNESOTA �-- MYCommissionExpiresJan.31,2015 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this J day of ->E c R GJo 1.tcti 2013 by Andrea J. Rhame, wife of Carl P. Rhame. F--------- - ..byk, �`.. RACHEL DODGE Notary Public NOTARY PUBLIC-MINNESOTA My Commission Expkes Jan.31,2015 Page 5 of 5 U � z Resolution 0. Exhibit A d � Y Va � RE 0 0 O > zoa p a n R W 8 OADWA�', S 9°40' 4„ E W A T E R T O W N 335.00 O DUl) `3 C) - ` -.NORTH L04E F ) ROAD NE CORNER OF-— SEC.5-117-23 / n ZCy7 260.02 C \\ mom\ \ C �i �p'DOYa v SULDING ETBACK �'0i 33 U Off\\ \ \ \ INE By OT�ARS gype, N \' \ �\\Y.A) L++}i BLACKTOP nA DRIVEWAY ..__LL__ rROFosED \ \ �'0 pROSED� b I GARACE 14.4 1~ou "EXISTING u: ;8 HOUSE 9.4 M ' LLJ &) ` e`� ` '.� 1..'.' `'•san041, X3245 aT v_ I `•.. 0 20 .'� �. samwsaruaY WNl! EAST 03 ' Frri F�- \ 15' SETBACK \ I I \ \ 1 \ pyo \ LIE FROM CREEK (a� OECK N E- Ln lo _N r 'og$ \ \ \ \?'' \\ \ - 978— I a 8 a. \ `� \\ \ \ �• \ \ I d u �u3 J S.\ \ � \\\ \ —976f— oE6^ t1 r, / V1 \\� 33 Lr Z \ 66 iLLJ m �l o HAYFIELD#M260 ALUMINUM SLIDER 160"X TO"OVERHEAD DOOR 12 FLUSH,4 PANEL,STEEL 4tT co 1 a 22' 24' EA5T FLOU5HC 5TEE ,DRICKMOLD APPLIED NORTH FINISH 510ING PER OWNER SELECTION SELF SEALING ASPHALT SHINGLES (4"EXP05URE VINYL LAP SHOWN) 12 4 c;;,- 22' 22' ---- 24' WE5T 5OUTH m � Copyright 2010•Western Construction,lac•4301 Highway Seven,Suite 115•Minneapolis,MN 55416-5807•Phone(952)920-8888•MN License 020316811 - ELEVATIONS Scale:1/B"—1'0" ?' 0 Q C e-P W STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 11, 2013 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this o9y day of -t,(�V' , 2013. * u Monica A Fadness, Administrative Assistant t, «5� seal r