HomeMy WebLinkAboutResolution 6968 II II 11 11111 11 IR I I 111 II
Doc No A10690147
Certified, filed and/or recorded on
Aug 14, 2019 8:07 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 120 Pkg ID 1858870E
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. 6 9 6 8
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A RESOLUTION
DENYING A VARIANCE FROM
MUNICIPAL ZONING CODE SECTION 78-350
AND
APPROVING A CONDITIONAL USE PERMIT PURSUANT TO
MUNICIPAL ZONING CODE SECTION 78-328
FILE NO. LA19-000010
WHEREAS, on February 20, 2019, Alexander H. Ware and Amy S Ware, a married
couple (hereinafter the"Applicants"), applied for a conditional use permit and variance from the City
Code for the property addressed 2587 Kelly Avenue and legally described as:
The Southeasterly Half of Lot 4, Block 5,Townsite of Langdon Park including adjacent
vacated 34 feet of Kelly Avenue, Hennepin County, Minnesota (hereinafter the
"Property");
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 setback of 4.3 feet from the
south side lot line where a 2.5' setback currently exists and 7.5' is required in order to rebuild a
detached garage in a larger footprint including with a 2nd story; and
WHEREAS, the Applicants have made application to the City of Orono for a
conditional use permit (CUP) to allow plumbing including a bathtub or shower in an accessory
building pursuant to Orono Municipal Zoning Code Section 78-328(7); and
WHEREAS, on March 18, 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 March 18, 2019,the Planning Commission recommended approval
of the variance and CUP; and
WHEREAS, on April 8, 2019, the City Council reviewed the application and the
recommendations of the Planning Commission and City staff;
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby denies the requested variance; and approves the CUP as described above based on
one or more of the following findings of fact concerning the Property:
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA19-000007. 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 B Zoning District.
3. The Property contains 0.7 acres in area and has a defined lot width of 75 feet at the OWHL
and 75 feet at the 75-foot setback.
4. The northwestern side of the property is encumbered with an ingress and egress
easement benefitting the neighbor at 2585 Kelly Avenue.
5. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
6. Applicant has applied for the following:
a. Side Yard Setback Variance
b. CUP for plumbing in an accessory building
7. In considering this application, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance and
CUP 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.
PRACTICAL DIFFICULTY ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The requested side yard setback variance is not in
harmony with the Ordinance as the proposed garage backs up to the neighbor's detached
garage at a substandard setback creating too much mass between the properties.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variance resulting in a permit for construction of an accessory
building/garage in addition to the existing single family residence in a residential zone is
consistent with the Comprehensive Plan.
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RESOLUTION OF THE CITY COUNCIL
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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 building within the side yard setback does
not appear to be reasonable as there is adequate space within the property at a
conforming setback to construct the garage.
b. The plight of the landowneris due to circumstances unique to his property not created
by the landowner.
The Owner can legally replace the existing nonconforming garage at the existing
setback and footprint. The Owner's desire to have a better view of the principal
building from the street is a condition created by the landowner;
c. The variance, if granted, will not alter the essential character of the locality."
The setback variance resulting from the mass of a larger, detached garage with a
4.3 foot setback may adversely alter the character of the locality.
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 a detached garage is an allowed improvement
in the LR-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 and
orientation with respect to the lakeshore, and the setback from the lake of the adjacent
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RESOLUTION OF THE CITY COUNCIL
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homes creates difficulties for the Applicants in redeveloping the Property consistent with
the homes in their neighborhood.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." There are other properties in the neighborhood with narrow width and
sloping topography which are not unique conditions affecting only the Property.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The existing garage can be rebuilt, or there is
available area for the construction of a new, garage in a conforming location. The
Property's width and topography are not unique conditions affecting only this Property.
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."The Applicant states
that the variance is necessary to preserve their right to improve the Property.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."There are options for locating a
conforming building on the property; the granting of the requested variance is not
necessary to alleviate a practical difficulty and would merely serve as a convenience to
the Owner.
CONDITIONAL USE PERMIT ANALYSIS
The Council finds that the proposed use at the proposed location is or will be:
1) Consistent with the community management plan; The proposed use is residential in
nature and residential use is consistent with the CMP guiding for this neighborhood.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed detached garage
improvement including the plumbing fixtures are compliant with the zoning ordinance.
3) Adequately served by police, fire, roads, and stormwater management; The proposed
use will be adequately served by existing services and facilities.
4) Provided with an adequate water supply and sewage disposal system; The Property
is served by City sewer and water. Staff believes this criterion is met.
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5) Not expected to generate excessive demand for public services at public cost; Staff
believes this criterion is met.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed detached garage with
office/recreation space is residential in character and its use is expected to be
compatible with the surrounding area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; The detached garage with office
and recreation space including plumbing is residential in visual character and is
expected to be compatible with the surrounding area.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
The architectural styling of the proposed detached garage with plumbing is expected
to be residential in character and consistent with that of the principal building on the
Property.
9) Not expected to substantially impair the use and enjoyment of the property in the area
or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; The use of the
detached garage with office space which includes plumbing is not expected to have
any adverse impacts. No information has been presented to indicate such.
10)Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The detached garage will not be
significantly visible when viewed from off the Property on the street side, and the views
from the neighbors will be screened somewhat by existing detached garage on the
property to the east, vegetation and the physical separation. In the opinion of staff,
additional screening or buffering will not be required.
11)Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; The proposed
detached garage with plumbing is not expected to cause any of these undesirable
impacts.
12)Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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unsafe access; It is anticipated that the proposed detached garage with plumbing will
not generate any of these undesirable issues.
13)Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; The proposed detached garage with plumbing
has been visually designed to conform to the residence on the property, and will not
have a negative environmental impact.
14)All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; Applicants are hereby
advised of this requirement; and
15) Not detrimental to the public health, public safety, or general welfare. Staff believes
this criterion is met.
16)The council finds that the proposed use of the accessory structure with a bathtub or
shower will not be detrimental to the residential character of the neighborhood.
17)The council finds that the plumbing fixtures proposed are in keeping with the intended
use of the accessory building.
18)The Owners agree to the filing of a covenant in the title of the Property providing that
the accessory building will not be:
a. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
denies a variance to Orono Municipal Zoning Code Section 78-350 to allow a setback of 4.3 feet
from the south side lot line; and approves a conditional use permit to allow plumbing including a
bathtub or shower in an accessory building pursuant to Orono Municipal Zoning Code Section 78-
328(7) in conjunction with the construction of a new detached garage; subject to the following
conditions:
1. Council approval is based on the entire record, above Findings.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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2. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
3. The conditional use permit granted by this resolution runs 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
conditional use permit will expire on that date (April 22, 2020).
19)The undersigned Owners hereby agree to the filing of a covenant in the title of the
Property providing that the accessory building will not be:
d. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
e. Used as a dwelling unless a guest house conditional use permit is obtained.
f. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
4. 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 22nd day of April, 2019.
ATTEST: CITY OF ORONO:
0, 1� uw;?��
Anna Carlson, City Clerk Dennis Walsh, Mayor
A exander H, are, Owner Amy S. re, Owner
Page 7 of 8
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G� NO. 6 9 6 8
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STATE OF MINNESOTA )
)ss.
COUNTY OF e w )
The foregoing instrument was acknowledged before me this day of
20by Alexander H. Ware, spo to Amy S. Ware.
Ut
Notary PiBic
Nola J.Dickhausen
Notary Public
Minnesota
STATE OF MINNESOTA ) „, „ �CoeauuionExpnsJanuary31,2022
)ss.
COUNTY OF eA✓le. i A )
The foregoing instrument was acknowledged before me this _� day of
A,c 11 20q, by Amy S. Ware, spouse to Alexand H. Ware.
0 ; (diL4-L'4�'
No ary Puvl
44111my
Nola J.DidchausenNotary Public
Minnesota
w,, fainaiaion Ezprces January 31,Mn
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