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HomeMy WebLinkAboutReso # 6306 O , O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 306 ��kESHOg� A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-420 FILE NO. 13-3611 WHEREAS, Revis Stephenson and Meghan Stephenson, a married couple, (hereinafter "Applicants") are the owners of the property located at 1850 Fox Ridge Road within the City of Orono (hereinafter "City") and legally described as: Lot 4, Block 1, Fox Ridge, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-420 in order to construct a 37' x 28' two-story garage addition to the exsitng home 40.6 feet from the front lot line where a 50 foot setback is normally requried and a 38.6 foot setback currently exists; and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-420 in order to construct a two-story garage addition to the exsitng home 19.7 feet from the north side lot line where a 30 foot setback is normally requried and a 24.5 foot setback currently exists; and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-420 in order to construct a front porch addition to the existing home 38 feet from the front lot line where a 50 foot setback is required and 38.6 foot setback currently exists; and WHEREAS, the existing home on the Property is not located in a conforming location; 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 July 15, 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 #13-3611. Page 1 of 5 O O CITY of ORONO = RESOLUTION OF THE CITY COUNCIL NO. 6306 4kE O��O S1 2. The Property is located in the RR-113 zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. 3. The Planning Commission reviewed this application on July 15, 2013 and on a vote of 5 - 0 recommended approval of the variances, based on the following findings: a. The Property has approximately 76,128 square feet (1.75 acre) acre in area and has 60 feet in width at the cul-de-sac. b. The proposed level of structural coverage on the Property will be conforming at 3.6% where 15% is normally allowed. c. The Applicants have proposed to step back the second story of the garage addition lessening the massing when viewed from the street. d. The lots in the plat of Fox Ridge range from 1.0 acre to 1.75 acres in area and generally do not conform to the RR-113 2-acre zoning requirement. e. The Property contains a steep slope to the rear and a large wetland on the east side of the lot limiting the buildable area. f. The neighboring home to the north is situated approximately ±38 feet from the Applicant's side lot line which will still allow for about ±56 feet of separation between the neighbor's home and the Applicants' garage addition. g. The Applicants' request will alleviate a practical difficulty inherent to the existing location of home and its proximity to the front lot line. This practical difficult was not created by the Applicants. h. The Applicants' request is reasonable and reduces the current encroachment of the existing garage/home into the front setback. i. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. j. The Applicants' request is in harmony with the purpose and intent of the ordinance. Page 2 of 5 O O CITY of ORONO a� r� RESOLUTION OF THE CITY COUNCIL NO. 6 3 0 6 ��kEsK,0 k. The Applicants' proposal 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 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 variances from Orono Code Section 78-420 in order to construct a 37' x 28' two-story garage addition to the existing home 40.6 feet from the front lot line where a 50 foot setback is normally requried; a variance to construct a two-story garage addition 19.7 feet from the north side lot line where a 30 foot setback is normally required and a 24.5 foot setback currently exists; and a variance in order to construct a front porch addition 38 feet from the front lot line where a 50 foot setback 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. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining building permits 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 (August 12, 2014). 3. Violation of or non-compliance with any of the terms and conditions of this resolution Page 3 of 5 CITY of ORONO �+ RESOLUTION OF THE CITY COUNCIL NO. 6306 'Z 140 shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 12th day of August, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 4 of 5 O r� O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 3 0 6 SH0 n A � i Revis Stephenson Meghan St` ph son STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this —1 day of 2013 by Revis Stephenson, husband of Meghan Stephenson. z MONICA A.I ADNESS ` NOTARYPUBLIC-MINNESOTA Nota Public My Commission Expires Jan.31,2017 STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this J'7 day of 2013 by Meghan Stephenson, wife of Revis Stephenson. Notary Public BARBARA G. SILUS NOTARY PUBLIC-MINNESOTA My Commission Expires,Jan.31.2018 Page 5 of 5 Resolution Exhibit A TOPOGRAPHIC SURVEY FOR REVIS & M.EGHAN STEPHENSEN OF LOT 4, BLOCK 1, FOX RIDGE HENNEPIN COUNTY, MINNESOTA I I I I I I r S 75.41 E I 1 r i 3 \v \ I 1 6 \ \\ � ♦ 1 id \ \ 1 + I 19`5.6) ro7 r•'F,„r' v aiy b GE z� WETLAND FOX (97621 la sO'�3e6•. x , , RIDGE 7 _rs�sl �—+� pG)ROAD I J - � r. og EDGE OF WETLAND4AS DELINEATED (975.4) (974. (9754) IV") WETLAND STAKE I 1 / Y r ' I l r l ' \ BY OTHERS (typ) S60r I' I I Ir 1 1 r LEGAL DESCRIPTION OF PREMISES: Lot 4,Block 1,FOX RIDGE This survey intends to show the boundaries and topography ( S 90'09W E 758.75 meas. 150.55 FOX RIDGE I of the above described property,and the location of an existing I I house and deck thereon,and the proposed location of a proposed addition and driveway..It does not purport to show any other improvements or encroachments. 5 . : Iron marker found c : Iron marker set Bearings shown are based upon an assumed datum --gsg--: denotes existing contour line,mean sea level datum 975.71 Denotes existing spot elevation 9 9!F Denotes proposed contour line 9755 Denotes proposed spot elevation 0 30 60 120 SCALE IN FEET rsE'^ DATE oascw'"°'' GRONBERG 8.ASSOCIATES,-INC., -W haehy ae"11W tnts survey,aa°orr>9pW CALL aos ared Gy�my"AmidermyCred super"n . CONSULTING ENGINEERS,LAND SURVEY LWmMtsend Surveyor under DATE SITEPLANNERS 7-1-13 445'N.WILLOW DR.LONG LAKE,MN.55356 CHEp�O JOB NU. 952.473-d11? 13-y56 DAVE 7-f- row LICENSE NUMBER 13-255 Resolution Exhibit B c^ o 0 2 > N ° 6506 w � o U � o U I I I 0-00 I I Ali j �r Resolution Exhibit BZ I 6 II I 7 I I TP�T ' I I j Fri i a PL) L4 a' a �7 SII FI �— -i Resolution Exhibit Bj �I Aa— - II o: Resolution Exhibit Bt 6306 � II i i I LU QUI '. Resolution Exhibit B� 0C MaN l t � JII �I t � s ! lj I , 1 �, I 1i Resolution Exhibit Bb 6 3 6 li UA ilkl I �� II j n I; I j -:�,I I' ' I 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 August 12, 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 ?t l'day of 2013. 1 City Clerk Doc No T05136339 Certified, filed and/or recorded on Nov 21, 2013 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 89 Pkg ID 1059407M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1073605 This cover sheet is now a permanent part of the recorded document.