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Home My WebLink AboutResolution 7029 Doc No A10714527 Certified, filed and/or recorded on Oct 18, 2019 9:29 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 137 Pkg ID 1892233E 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. 7 0 2 9 l�xES HO�� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-395 FILE NO.LA19-000068 WHEREAS, on August 20, 2019, Eric Johnson ("Applicant'), applied for a variance from the City Code for the property addressed 580 Orchard Park Road and legally described as: Lot 12, Block 1, Orchard Park(hereinafter the"Property"); WHEREAS,the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow for improvements in the front yard setback; and WHEREAS, on September 16, 2019, after published and mailed notice in accordance with Minnesota Statutes and the Planning Commission, 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 September 16, 2019, the Planning Commission recommended approval of the variance; and WHEREAS, on October 14, 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 #LA19-000068. 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-1A Zoning District. 3. The Property contains 4.7 acres in area and has a defined lot width of 330 feet. I CITY OF ORONO RESOLUTION OF TO CITY COUNCIL NO. 7 L G t�XESHo�� 4. Applicant has applied for the following variance: a. Front yard setback 5. 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 existing conditions of the structure creates difficulties for conforming improvements to the home. 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 front yard setback, appears to be reasonable as the project will not change the current setbacks. The property's existing conditions due to the placement of the home creates difficulties. b. There are circumstances unique to the property not created by the landowner; the existing conditions due to the location of the home is 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 2 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7029 l�kES H o located.This condition is not applicable,as the single family home is an allowed use in the RR-1A 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 no building space for a conforming addition to the existing building. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property includes an existing house that is nonconforming for its location. 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 setbacks to the building only new structural 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- 395 to allow improvement to the rear on the house within the 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 8/2/2019 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits 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 completed within one year of the date of Council approval, or the variance will expire on that date (October 14, 2020). 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G� NO. o 9 `gXES H Off`` 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 14th day of October, 2019. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 4 7 02 9 CERTIFICATE OF SURVEY FOR ALLEN SEVER z OF LOT 12 BLOCK 1 ORCHARD PARK 1g N i HENNE�+IN COUNTY,MINNESOTA 13 axaX N 89'5T35'W B31.04 I QO(7LL y�o I wo5.ea.vn wnvrwe a W� r I G n 33 C� S,Y .wtv�uo m o 111 _ I I Z ii �_" :::D2=:-LAY U'. m '�' GARAGE I s I I ' � I f l O OLD BLOCK I PROPOSED FODNOATKIN i5.< Sm LANDING y GE we "ire - E9—OT FROM LI WELL Q I I SET FAONL f ¢ "� n E%ISANG e - CISTERN SETBACK LINE yY O ee.� Hous a ae Sowm r _ 12 i HOUSE I �seo I I srooP--.-. I I I I o I I I I s.N I I •D38PTv; I 1 CLFANoIIl9 I VMiE6iFRLDONT UNE� _ I PROPOED PORCH� I DETAIL I I T I I j I IS 981899'E 831.30 B""aa II 1 1 ��iz a LEGAL DESCRIPTION: Lot 12,Block 1,ORCHARD PARK •:Denotes found iron marker This survey intends to show the boundaires of the above described property,and the locations of an existing house, uU¢ garage,drive,and the proposed location of a proposed 0 30 60 120 landing and porch.It does not purport to show any other encroachments or improvements. SCALE IN FEET -149a --------------------------------------------------------------I------------------------------------------------------------- ---------- -------------------------------------------- -------------- ------------------------------- 631.2 ------ ------- ------------------------------I------------------------------------------------- - -----------------------------------------------------26---DETACHED.-GARAGE SIDE SETBACK(if LE55 THAN 10005F) ----------------------------------------------------------------------------- --------- i -------- - ------------------------------------------- ------------------------------------------ 50'51DE SETBACK of 7u: 70: -01 DRIVEWAY GARAGE :> ;70 I: N A Ln 0 t7l 0 MNEW PORCH at; 1-0 iU t 50'SIDE SETBACK --------------------------------------------------------- --------------------- - --- --- ------------------------------ ------------------------------------------- --------- SIDE PROPERTY LINE G31.57 ---------------------------------------------------------------------------------------------------- ----------------------------------------------------------------- -------------------------------------------------------------------- ---------------- Q� SITE PLAN "AFTER" rl"a %0 7029 17-G" ROOF STRUCTURE FAM I LYROOM OBJ J WELL o, o a az 7-9"CPT-ACT 3011 CAB O ELECTRIC 'cPrC"T 10'-6 3/4" 10'-O 14" ' I 7-9 3/4"CLG 2X10 @ IG"O.C. 2X10 @ IG"O.C. ASSUMED o o ASSUMED WELL HOUSE J°3 DINING KITCHEN SLAB COVER H05E BIBB z I N I � , I SLOPED FLOOR N BACK N FRONT ' 3 ENTRY LANDING I o ENTRY ' Loo 7-10 I/2"CLG CLG STEP 5-51/2" WOOD U FLOOR TYPICAL O In uj LIVINGROOM U N m DECK o� x N T-10"CLG 21'-O 12" O MAIN LEVEL PLAN ''BEFORE" OCOZINE/JOHNSON/SEVER RESIDENCE SCALE: I/4"=I'-O" 7029 -----------, I I I I NEW U3 o I LANDING N I I HAND RAIL STUDIO/MUD I I 5'-0" 3'-10 I I Q I I WELLO I I Q I I I I I z O I I I I ELECTRIC xx I I --------' I � r7 M RANGE I L DINING I � I i LU 3 I � L o I i I I Ca9 FRONT i i BATH ENTRY STEP NEW SCREENED PORCH LIVINGROOM O 12._4.. N v MAIN LEVEL PLAN IIAFTERI O580 ORCHARD PARK RD. ORONO,MN 55356 SCALE: 1/4" = 1'-0" 8-2019 7029 1 -I 14" 7-31/2" I "AT 7'-4 1/2" ozFLAT CLG 1 °BEDROOM 2-4 3/4"C iGF J SLOPED STACKa a CLG 1 3 1 w 1 z � I N RAISED LEDGE z STAIR I 0 1) HALL ; o _ ATTIC _ GU3 3/4" N r w(n I , , SLOPED 1 1 Q J 7-4� CLG 1 4'-2 1/2"CLG WOOD WOOD I F.O",C, 1 FLAT CLG i BEDROOM I CLOSET i o 0 -4 1/4"CLGI 2X4 RAFTERS I r -- @ 16"O.C. 1 I I 7-4 I/4SLOPED CLG p UPPER LEVEL PLAN 11BEFOREII O580 ORCHARD PARK RD. ORONO,MN 55356 SCALE: I/4" = I'-O" 7029 EX15TING ROOF I - GUEST BEDROOM/ UL ' bTUD10 19) BATH ' I I I ' STAIR NEW LOWER BACK ENTRY ROQF HALL ; ------------------ I ---------------- I ; I I I I I r- I I � -J I OI 1 I NEW 5CREENED PORCH ROOF MASTER WALK-1,N DECK OR PITCHED ROOF. BEDROOM CL05gT I I I I p UPPER LEVEL PLAN "AFTER" p580 ORCHARD PARK RD. ORONO,MN 55356 SCALE: 1/4" = 1'-0" 8-2019 1029 EXISTING NEW EXI5TING NEW UNEEW,' NEW N0 WIdQW V NEW ROOF IdEW LOWER I�QDf; NEW 5CREENED PORCH IN EXI5TING DECr NEW jJEW 'NEW NEW FOOTPRINT WNDJN W WNDW DOOR N_ EX151ING EXISTING IX4 SKIRTING NEW EXISTING EX15TING LANDING EAST ELEVATION 580 ORCHARD PARK RD. ORONO,MN 55356 O8-2019 SCALE: 114"=V-0" 7029 1 11 11 WorzEXISTING NEW SCREENED PORCH IN EXISTING DECK FOOTPRINT EXISTING Elm Lil GUARD RAIL THI5 51DE ONLY (IF OVER 30" A50VE GRADE) EXISTING EXISTING p SOUTH ELEVATION 580 ORCHARD PARK RD. ORONO,MN 55356 O8-2019 SCALE: I/4"=I'-0" i — o I _71 q a;€