HomeMy WebLinkAboutResolution 7017 Doc No T05646080
Certified, filed and/or recorded on
Sep 19, 2019 1:37 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 125 Pkg ID 1878368E
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
ti� G`C NO. 7 77
kESH0 t
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1279
FILE NO. LA19-000056
WHEREAS,on July 17,2019,Gregg Katchmark("Applicant'),applied for a variance from
the City Code for the property addressed 140 leaf and legally described as:
Tract C, Registered Land Survey No. 744, files of Registrar of Titles (hereinafter the
"Property");
WHEREAS,the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1279 to allow a screened in porch over an existing deck within
the 75 foot creek setback; and
WHEREAS, on August 19, 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 August 19,2019,the Planning Commission recommended approval of the
variance; and
WHEREAS, on September 9, 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#LA19-000056. 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-113 Zoning District.
3. The Property contains 0.6 acres in area and has a defined lot width of 180 feet.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 70 17
t�kESHO t
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. Creek 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 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 structure 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 tributary
setback, appears to be reasonable as the project will not change the current
setbacks and will not increase hardcover. The property's reduced size and depth
and 75' creek setback creates difficulties.
b. There are circumstances unique to the property not created by the landowner; the
uniquely small size and depth,and required setbacks are unique. and
c. The variance will not alter the essential character of the locality. Few of 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.
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
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G NO. 7O17
/
t�kESHO�It.
condition is not applicable, as the single family home is an allowed use in the RR-1B
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 limiting 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 is area and is 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 proposed addition does not create any
new footprint or hardcover encroachments.
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 78-1279 to allow screened porch within the creek 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 5/15/19 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 building permit must be obtained within one year of
the date of Council approval, or the variance will expire on that date(September 9,2020).
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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
70
NO. 7
G
FSH0
ADOPTED by the Orono City Council on this " day of aO�r ,2010.
TTEST: CITY OF ORONO:
't—,
nna Carlson,City erk Dennis Walsh,Mayor
4
70 7
CERTIFICATE OF SURVEY FOR
GREGG KATCHMARK
33 33 1 OF TRACT C, R.L.S. NO. 744
HENNEPIN COUNTY, MINNESOTA
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33 33
LEGAL DESCRIPTIONOFPREMISES
Tract C, Registered Land Survey No. 744, files of Registrar of Titles,
County of Hennepin, Minnesota.
* : 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 an all visible "hardcover", and the proposed location
of a proposed addition thereon' It does not purport to show any other
improvements or encroachment .
DATE I hereby..rtif�that this plan.specification,�reFort GRONBERG AND was frefored y me,or un direct upervis on, 1 11-20'
I a I orn o du Licensed L"onycd S—eyor under
ASSOCIATES, INC. oh-.lo-of the St. of minn-6t.. DAn
rCONSULTING ENGINEERS,LAND 2-14-17
SURVEYORS,&SITE PLANNERS
445'.TH WILLOW DRVE JOB
LONG LAKE,W 55356 19-136
952-473-4141 Mark S.Gronber Minnesota U-8'Number 12755
19-136
City of Orono 7 0 1 7
Hardcover Calculation Worksheet
Property Address: /yo L E.►F r T. AGR E G G KA rC'NMA k
M Prepared by: GRVwB Est G ,t A J'1'®C/ATf-J' _ i vc, Date.
Stormwater Quality Overlay District Tier: (Circle one) (ED Tier 2 Tier 3 Tier 4 Tier 5
Step 1 TING HKe
In the following tableftems of existing hardoover on the property, keyed by letter to Certificate of
Survey (surrey 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 to l
Survey Hardcover hem(Describe) Length x Width To
quare Fast
(24'x 30' 20 S.F.
A '1051 S.F.
9 S.F.
C 84ACkroldO j1A111f'WAr2 S.F.
D I T7bGr S.F.
E G S.F.
F S.F.
G i 0 S.F.
H L S.F.
Ir7W I A r AYI S.F.
S.F.
K S.F.
L S.F.
M S.F.
N S.F.
0 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 S.F.
Exck daele Mardoow Code Sec 71-1684
d i C S.F.
wio,0 S.F.
S.F.
S.F.
S.F.
2 Total Excludable Hardcover S.F.
3 Net EaistiHardcover Subtract line 2 from line1 S.dF
4 Total Lot Area A a OVE "A.,,44Mf c 6A F — S.
Proposed Hardcover Percentage [(3)+(4)] /S. 35
(Proposed Hardcover next page)
This/s an Worrnation packet regwdhg Hardcover. Every eQbrt has been mads to Msure the accuracy of the kftmWw oont&& d herein;
however Many Wwmetion is not consWent with provisions of the City Code,the Core provtsbns WE prevail.
Page 8 of 9
City of Orono 7 0
,Wtio Hardcover Calculation Worksheet
Property Address: 0 zCA F ST. (PA sGG k4�''rgyma R k
f
'+,� Preparedby:
_GR orvB F�G f .afro caw r. �.vc. S-/5. 19
Stormwater Quality Overlay District Tier. (Circle one) Tier Tier 2 Tier 3 Tier 4 Tier 5
Step 2: OPOSE
In the follow ng e, ren ems 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 letter which are split at
the 75'setback line and calculate hardcover square footage separately for each portion.
Key to Survey Hardcover Item(Describe) Length x Width Total
care Feet
(Example) G 24'x30' 720 S.F.
A
B 41 S S.F.
ST--
C zz i'a A Fka'M a 74, S.F.
D / S.F.
E �� —io+a- S.F.
F 112 S.F.
G .� 36:1S.F.
H ii 13 S.F.
l1 C-1 AIC A f M 0 StO S.F.
Too S.F.
K I S.F.
L S.F.
M S.F.
N S.F.
0 S.F.
P S.F.
0 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 PropoaW Hardcover V2 36 S.F.
Excludebb Hardcover Chy Code Sec 7ti-1ett4:
S.F.
a S.F.
13 S.F.
S.F.
S.F.
2 Total Excltideble Hardcover S.F.
3 Not ProvomW Hardoover SubbW line 2 from Nne 0 M S.F.
4 Total Lot Area A J44- K c t4,1 jAoor, Z Ed F .G,kl. = S.F.
Proposed Hardcover Pei ntape 1(3)+(4)] /S. y/%
Subdtvlafon Appicathn-January 2016 This is an Nbrmedon packet regartMV Hardcover. Every etro►t has been made to
ensure the acaeacy of Un lrrfio naflon oontahnd herein;however,l/any Infbnnedon is
not consistent wah provisions of the City Code,the Code provftrans will preveN
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