HomeMy WebLinkAboutResolution 6370 O 4,4
CITY of ORONO
� � ;d _ D+ RESOLUTION OF THE CITY COUNCIL
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�.ttESH04�'
A RESOLUTION
GRANTING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 78-1434(3) and 78-1435
FILE NO. 14-3649
WHEREAS, Derek Prchal and Kelly Prchal, husband and wife, (hereinafter
"the Applicants") are the owners of the property located at 4705 Watertown Road within the
City of Orono (hereinafter the "City") and legally described as follows:
Attached as Exhibit A (hereinafter the "Property"); and
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Sections 78-1434(3) and 78-1435 to allow
construction of a 2,200 s.f. detached garage defined as an oversized accessory structure
(hereinafter the "OAS") in a location nearer to the front or street lot line than the principal
building on the property where no accessory structure is normally allowed; 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 February 18, 2014 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 14-3649.
2. The Property is located in the RR-1A One Family Rural Residential Zoning
District which requires a minimum lot area of 5.0 acres and a minimum lot width
of 300'.
3. The Planning Commission reviewed this application at a public hearing held on
February 18, 2014 and on a vote of 5 to 0 recommended approval of the
requested variance.
4. The City Council has reviewed the proposed structure as well as certain
revisions to its location, orientation and screening and hereby makes the
following findings:
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O • O CITY of ORONO
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A � :L77, RESOLUTION OF HE CITY COUNCIL
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a. The Property contains 5.35 acres in area and has a defined lot width of±275
feet along Watertown Road.
b. The Property is within Tier 1 of the Stormwater Quality Overlay District, and
it appears the proposed hardcover on the Property will be well below the
25% allowed for the Property. The Applicants will need to verify hardcover
levels with the building permit application for the OAS.
c. The Property is approximately 730 feet deep with the existing residence
structure located near the rear of the Property, 60 feet from the rear lot line.
d. In 1999 a similar variance allowing a 1,120 square foot barn to be
constructed in approximately the same location as the proposed OAS was
granted via Resolution No. 4363. The proposed OAS will replace the
existing barn to be demolished.
e. The proposed location for the OAS will meet all other pertinent setbacks,
being 239.7' from the front lot line where a 100' setback is required; 450'
from the rear lot line where a 100' setback is required; 103' from the west
side lot line where a 50' setback is required; 153' from the east side lot line
where a 50' setback is required; and 94' from the OHWL of Painter's Creek
where a 75' setback is required.
f. The limitations imposed by Sections 78-1434 and 78-1435 are intended to
prevent obtrusive accessory buildings within the front yards of urban and
rural neighborhoods. The impact of an accessory building between the
house and the street on this Property in a neighborhood of 5-plus acre lots
would appear to be of a significantly lesser magnitude than in a
neighborhood of 1/2 acre or 1-acre lots.
g. The Applicants have proposed to plant evergreen trees near the proposed
OAS and also near Watertown Road to offer additional screening.
h. The applicants are proposing to construct an accessory building which
meets maximum oversized accessory structure size zoning code limitations
based on the lot area. Economic considerations are not a factor in this
variance request.
i. The location of the existing house near the rear of the lot creates a practical
difficulty in that most of the Property area is between the house and
Watertown Road. The Property is wide enough and the proposed OAS is
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O O CITY of ORONO
'(`� l RESOLUTION OF THE CITY COUNCIL
"Sk� �. ,,� o~ NO. 6 3 7 0
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located such that a conforming house could be placed near the front of the
lot (streetward of the proposed OAS) without the need for variances, and if
that were the case, this application would not be necessary for the proposed
OAS.
j. The proposed accessory building does not appear to limit the light, air or
open space enjoyed by the adjacent properties. The Applicants' request
results in minimal negative impact to adjacent properties. The location of
the existing home on the Property is a unique circumstance not created by
the Applicant. Granting the Applicants' request is in harmony with the
purpose and intent of the ordinance and will not alter the essential character
of the neighborhood.
5. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the Applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
6. The City Council finds that the conditions existing on this Property are peculiar
to it and do not apply generally to other properties 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 one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Sections 78-1434(3) and 78-1435 to allow
construction of a 2,200 square foot oversized accessory building in a location nearer to the
front or street lot line than the principal building on the Property where no accessory structure
is normally allowed, subject to the following conditions:
1. Council approval is based on the survey dated 01/17/14 and revised 02/28/14 and
building plans submitted by the Applicants and annotated by City staff, attz:::,r ed to this
Resolution as Exhibits B & C. Any amendments to the plans which are not in
conformity with City codes will require further Planning Commission and City Council
review.
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O O CITY of ORONO
RESOLUTION OF,TI CITY COUNCIL
4kESH04'
2. The Applicants shall plant evergreen trees near the OAS and near Watertown Road as
shown on the sketches attached as Exhibit D in order to lessen the visual impact of the
OAS from views off of the Property.
3. Approval is subject to execution by the Applicants of the standard Oversize Accessory
Structure Covenant as established in Zoning Code Section 78-1434(3)(c).
4. The Applicants shall submit hardcover calculations prior to issuance of a Building
Permit for the OAS to confirm conformity with code requirements.
5. 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 (March 10, 2015).
6. 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.
7. The undersigned Applicants have read, understand and hereby agree to the terms of
this resolution and on behalf of the Applicants and the Applicants' heirs, successors and
assigns, hereby agree to the recording of this resolution in the chain of title of the
Property.
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O �� O CITY of ORONO
,.� `N` ' $ , RESOLUTION OF gil QITY COUNCIL
"SA,t `*1 I IA/,_ ~ NO.
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Adopted by the Orono City Council on the 10th day of March, 2014.
ATTEST:
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Rachel Dodge, City Clerk Lill Tod McMillan, Mayor
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Property Owner Prt' ieW s ner t W
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 3 day ofYl I , 2014, by
Derek Prchal, husband of Kelly Prchal.
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P90��� AA.FARNESS
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this IS--
day of L-
P 'L , 2014, by
Kelly Prchal, wife of Derek Prchal.
) 4)20-AbOU(It 3,,), A.AA
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BARBARA G. SILUS
Q crr"; NO1ARYPUBLIC-MINNESOTA s Notary Public
, `` My..ommission Expires Jan.31,2018 l�
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Page 5 of
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Exhibit A
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That part of the Northwest Quarter of Section 31 , Township 118, Range 23, lying
Northerly and Westerly of the plat of McCulley Farm; Southerly of the centerline
of County Road No. 6 as shown on HCSAH No. 6, Plat 5; and Easterly of the
following described line: Commencing at the most Westerly corner of Lot 1 ,
Block 2, McCulley Farm; thence North 81 degrees 31 minutes 11 seconds West,
assumed bearing, along the North fine of Lot 2, Block 2, said Addition, to the most
Northerly corner of said Lot 2 and the point of beginning off thends line
st ato be
tance of
described; thence North 30 degrees 41 minutes 28
100.85 feet; thence North 29 degrees 56 minutes 30 seconds East a distance of
70.53 feet; thence Northerly along a tangential curve concave to the West having
a central angle of 22 degrees 11 minutes 30 seconds and a radius of 150 feet, a
distance of 58.10 feet; thence North 7 degrees 45 minutes East tangent to the
last described curve a distance of 65.58 feet;
thence North 9 degrees 30 minutes
East a distance of 275 feet; thence North 12 degrees 30 minutes East a distance
of165 feet; thence North 20 degrees 30 minutes East a distance of 44.11 feet;
thence Northeasterly along a tangential curve concave to the Southeast having
a central angle of 57 degrees 17 minutes 18 seconds and a radius of 75 feet a
distance of 74.99 feet; thence North 77 degrees 47 minutes 18 seconds East
tangent to the last curve to its intersection with said centerline of County Road
No. 6 and there terminating.
Resolution —
Exhibit B t
• 6370
CERTIFICATE OF SURVEY FOR
DEREK PRCHAL
IN THE NW 1/4 OF SECTION 31-118-23
HENN EPIN COUNTY, MINNESOT r
PROPOSED
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——_ That part of the Northwest Quarter of Section 31,Township 118.Range 23.lying. s. Northerly and Westerly of the plat of McCulley Farm:Sadherly of the centerline
..%4 _ of County Road No.6 as sham on HCSAH No.6.Plat 5.and Easterly of me
�' - following described line Commencing at the most Westerly comer of Lot 1.
__ Block 2,McCulley Farm:thence North 81 degrees 31 minutes 11 seconds West,
assumed bearing.along the North line of Lot 2.Block 2.said Addition,to the most
Northerly corner of said Lot 2 and the point of beginning of the line to be
,
�/497�" F e - described:thence North 30 degrees 41 minutes 28 seconds East a distance o1
100.85 feet;thence North 29 degrees 56 minutes 30 seconds East a distance of
/
�/, Exlsr roHousE _ - 70.53 feet:thence Northerly along a tangential curve concave to the West hayng
., � a central angle of 22 oeflrees 11 minutes 30 seconds and a radius of 150 feet.a
distance of 58.10 feet:thence Norm 7 oeprees 45 minutes East tangent to the
2 last oesatbed curve a distance of 65.58 feet.thence North 9 degrees 30 minutes
7192 _.. East a distance of 275 feet:thence North 12 degrees 30 minutes East a distance
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zU3 of165 feet thence North 20 degrees 30 minutes East a distance of 44.11 feet,
MOST NORTHERLY CORNER OF ' N tll` tnence Northeasterly along a tangential curve concave to the Southeast haying
LOT 2 BLOCK 2 MCCULLEY FARM 31.11`w 3J<tit ,�pti a central angle of 57 degrees 17 minutes 18 seconds and a radius of 75 feet a
NORTHERLY LINE OF LOT 2 —�_ distance of 74.99 feet;thence North 77 degrees 47 minutes 18 seconds East
BLOCK 2 MCCULLEY FARM \ tangent to the IaSt curve to tls Intersection with said centerline of County Road
MOST WESTERLY CORNER OF No.6 and there lemnating.
\nlLOT 1 BLOCK 2 MCCULLEY FARM
\ This survey stows the location of an existing house.barn and driveway,and the
proposed location of a proposed beth.It aces not purport to show any other
improvements or encroachments.
• Iron marker found
-Iron marker set REC"1V"Q
- .--,Existing contour line
—T:Proposed contour line
inn";Emehngsootelevation MAR —3 2014
TIC_'....Proposed spot elevation
Beanngs shown are based upon an assumed datum
Nae:Existing contours wIthin detail area were shot by us. ITY OF ORONO
Outside of derail thehorn contours were Hennepin County mapP+
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STATE OF MINNESOTA )
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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 March 10, 2014, with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand o ficially as such City Clerk and the corporate seal of the
City this ,q$` 'day of C , 2014.
City Clerk
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11 11111 I 111111 11 11 11
Doc No T05170877
Certified, filed and/or recorded on
May 12, 2014 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 47 Pkg ID 1110198M
Doc Name: Resolution
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1360735
This cover sheet is now a permanent part of the recorded document. V.