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Home My WebLink AboutResolution 7115 1111 11 1 111 11 1 11 11111 Mil LAND TYPE Abstract (A) DOC NUM 10853143 Certified, filed and/or recorded on Oct 12, 2020 2:15 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 1 Pkg ID 2084071E 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 OFTHECITY COUNCIL y� ?(INLfi NO. X1_ .1 1 ! kESH09-t A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA20-000042 WHEREAS, on June 24, 2020, Lake Country Builders o/b/o Ron and Holly Rocca ("Applicants"), applied for a variance from the City Code for the property addressed 2520 Casco Point Road and legally described as: The southwesterly half of Block 6 Lot 4, TOWNSITE OF LANGDON PARK, 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 an addition to encroach into into the side yard setback; and WHEREAS, on June 24, 2020, 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 July 20, 2020, the Planning Commission recommended approval of the variance; 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 #LA20-000042. 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-1C Zoning District. 3. The Property contains 0.52 acres in area and has a defined lot width of 64 feet. gONCITY OF ORONO RESOLUTION OF THE CITY COUNCIL *,\414 c, NO. 7115ICESHOO" 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. Side yard 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 intent and purpose of the Ordinance. The project reduces hardcover bringing the property into conformance. The side yard setback is minimal and reasonable for stair access. 2. The variance is consistent with the comprehensive plan. The proposed project to remodel an existing home on a narrow lot working to meet all official controls. The side yard setback variance is looking to address existing conditions within the home. The project is working to follow the goals of 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 proposed project to remodel an existing home on a substandard lo while bringing the hardcover into conformance with a minimal encroachment within the side yard to allow access to existing stairs is following to goals for comprehensive plan. b. There are circumstances unique to the property not created by the landowner; the existing home and substandard lot are unique and not created by the property owner. and c. The variance will not alter the essential character of the locality. . The variance is requested in order to permit an addition to the home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 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 2 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y- Ls NO. 7115 l4kESHoi`t 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 single family home is an allowed use in the LR-1C 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 width as well as the existing home create difficulties and are peculiar. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant is working to keep the existing home with the proposed addition showing a small 2x6 encroachment into the side yard setback to allow for a landings to an existing stairway. The current property which exceeds city hardcover requirements will be brought into conformance. The existing conditions are unique to this property and the proposed project would bring the overall hardcover for the property closer to conforming to the City regulations. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting to side yard setback variance is necessary for the use and preservation of the 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. Granting the requested variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance does not merely serve as a convenience to the applicant. The variances are necessary as the property has practical difficulties affecting development. 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 78-350 to allow an addition into the side 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 June 15, 2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3 --OAp CITY OF ORONO RESOLUTION OF THE.CITY COUNCIL •-•'s. NO. 7 1 1 5 G `'kESHO 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 (August 13, 2021). 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 13' day of August, 2020. ATTEST: CI OF ORONO: a/4- ' tel12110 nna Carlson, City Clerk Dennis Walsh, Mayor 4 7115 ..a. A ore g. LEO%L111JMTUR116Y. 4. +.f• Tbe u.dmmtdy tuffeg Lad TOM\SI IE Or I.ANODON 1,16.1Menepn Count,Minneirm Qi\� \'.: /// SO ME lµ'Mt MA 1 I IMITATIONS 1 I. 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B.Cas.Nis Rd I FliChLtl I —, :: i 1 -".• MEM= CD CD 611111.M.111— Dalc: 611812 CP -1-1 0 Main Floor I 4, ,4Plan1 . _ A1 . 1 7115 -- == -- -- WM A A E_• I_�i-"----- \ ■• BRICK HOUSE ___ - - ARCHITECTS "- CLARIDGE&FALK IALe Cnunq RuiWen l I.0 LLtlL�iViviVi f1E:mr North(Front Yard)Elevation .maTMvw �.*� Rocca �: Residence -� 233)Cos.row Re u'ayad.Acv ®. _. ® __ t.. 2za>_>yN13N. W7�2222I2i - } _ --'---- 1 _ _mo _____r_ Da:c: 6�ie.20 �]' _ szaasa,..MIAmms OUttxssssz-asnfzmma..-sami--__ _—v:. A <.- tea. . ____ 4 i.. TAc Exterior Elevations East(Side Yard)Elevation West(Side Yard)Elevation for A2.0 7115 -i =- e m.. . BRICK HOUSE ARCHITECTS F� "`I CLARIDGE&FALK General C.taaa:or _ 1.4.cCamVy Build.LLC • ,39 Zni.ges Ul UR4'11,..'tW1YWkON Fr LAKF,CCSTFT ELI MM LTD • • The • Rocca t 8� Residence - ` 2b Cas.l Rd al Way. L• r ' ij. 6,E-r--`,---E , t i• --:-4 .r_.n::a<::A- .I Date: 6!1-°n20 Tole- ', Sections t5 A3 .0 7115 MIEMBINNI --- INIMMIIIIMI IMMIIIMINII -- , El: BRICK ` HOUSE r \A ARCHITECTS �/ __:.— — CLARIDGE 8 FALK L X11 L Isle Ciwdr)Builders I.I.0 O [224:Vw�la.aliti�� kti.ntom n.aK, 3 6 The f._-_-. [ I Rocca __ _ • . • . . Residence sss c.,Point kJ El U'ryzcu.MN V /-f 8. L Date: 6•i 8/2o Ste'new: .`'`" Talc I Sections A3. 1 7115 -- - El I _. _ .al_ 43110 BRiCK - HOUSE South Elevation East Elevation North Elevation West Elevation ARCHITECTS CIARIDGE&FALK Gem.C,...... lake Carry Rudders LCC .3N Sum E'.t.AC:5,331 \ 11211t CD t • • r: —r P7,10.1The ''-.2* il : • Rocca Residence 25J1 Cea Po:[Rd .-—' WIC. 6•.45.20 Ink Detached -i _ � Shed 4_44_4. Drawings Seale Varies ® EMI 1 -- Section Floor Plan _ S 1 .0 • 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 13, 2020 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 7th day of October, 2020. Anna Carlson, City Clerk (seal)