Loading...
HomeMy WebLinkAboutResolution 7194 • LAND TYPE Torrens (T) DOC NUM 5850290 Certified, filed and/or recorded on Jun 25, 2021 10:30 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 122 Pkg ID 2265900E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1442421 This cover sheet is now a permanent part of the recorded document. �ONo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � 4t- e,, NO. 7 194 L -IKESHOv--- A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA21-000033 WHEREAS, on April 21, 2021, Mason and Carolyn Hardy("Applicant[s]"), applied for variances from the City Code for the property addressed 1579 Maple Place and legally described as: Lot 11, Block 6, Crystal Bay View, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for lot area and lot width variances to Orono Municipal Zoning Code Section 78-350; and WHEREAS, on May 17, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission 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 May 17, 2021, the Planning Commission recommended approval of the variances; and WHEREAS, on June 14, 2021, 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 variances 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 #LA21-000033. 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 Single Family Lakeshore Residential Zoning District. 1 �ONo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF ; NO. 71 94 L &ESHO0' 3. The Property contains 9,000 square feet or 0.2 acres in area and has a defined lot width of 50 feet. 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Width Variance b. Lot Area Variance 6. The Property is a substandard Lot of Record which qualified for buildability without area and width variances under City Code Section 78-72 when the new home was constructed on the property in 2012. A qualifier for taking advantage of the Lot of Record status is a hardcover limitation of 25%. The new home met that limitation. The Owners wish to be able exceed 25% up to the 30% limit, to construct a slightly larger deck. Therefore, the lot area and width variances are required. 7. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." Single family residences are a permitted use within the LR-1C zoning district. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The residential home and associated residential amenities are residential uses which are consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. 2 , L.O.Aip CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 9 4 F G l'lkESHO�‘" The property owner is proposing to use the Property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property is substandard for the LR-1C zoning district. Due to the existing substandard lot size, which is a result of the property being platted as part of the 'Crystal Bay View' subdivision in 1891, before local zoning codes were in effect; and c. The variance, if granted, will not alter the essential character of the locality." The immediate neighborhood consists of similarly sized lots. The single family residence with associated amenities on a single lot in this neighborhood is not inconsistent with the character of the surrounding neighborhood. Lots surrounding the Property are all similarly within Hardcover Tier 2. 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 condition is not applicable, as a single family residence 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 lot area, lot width, setback, hardcover and lot coverage standards applying to the Property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The standards applicable to this property apply to all other properties in 3 ,cLOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. 7194 l4kESHOv� the neighborhood; however, in order to be allowed the 30% hardcover that other developed similar-sized lots are afforded, a variance to lot area and width is required. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." In the opinion of staff, the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 30% hardcover that neighboring similar-sized lots are allowed. 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 of the area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." In the opinion of staff, granting of the lot area and lot width variances will alleviate a practical difficulty by allowing the Property to be further developed under the same hardcover and structural coverage allowances as other similar-sized developed lots in the neighborhood. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants lot area and lot width variances to Orono Municipal Zoning Code Section 78-350, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Authorities granted by this resolution run with the Property not with the Applicants. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL "tii NO. 7 1 9 L 'kESHoO' 3. 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 June, 2021. ATTEST: CITY OF ORONO: 14(41/&-__14 D1/419 ::›1Anna Carlson, City Clerk Dennis Walsh, Mayor 5 ui C:) > o Q L0 LU W - (V Z C) C_Z C C:) rA- 934 I AS -BUILT SURVEY FOR DEAN JOHNSON HOMES OF LOT 11, BLOCK 6, CRYSTAL BAY VIEW HENNEPIN COUNTY, MINNESOTA ----- 5' 89026'37"/E 180.10 I I O 1479.11 _ 1 S 89026'37~ N 7NREiHROlO J CONC'SIDEWALK (B) ELEV W905.8) m� 24.1 8 � EXISTING HOUSE I (f,) BLACKTOq SON DRIVEWAMM 56.4 (947.41 TOPOFWELL ;Su Ir / n (904.1) :O MUTE 11, LEGAL DESCRIPTION OF PREMISES SURVEYED: Lal 11, Block 6, CRYSTAL BAY VIEW o denotes iron marker (943.4) : denotes existing spot elevation, mean sea level datum —944— denotes existing contour line, mean sea level datum This survey shows the boundaries of the above described property and the location of an existing house, driveway and sidewalk tFFL�er�eon. It does not purport to show any other improvements or encroadti&tWIVED DL? 1; M3 CITY QF QRr)hjl;i 157q fjU0Le p (j ( Q SCALE I hereby certify that this survey, plan, or report GRONSERG & ASSOCIATES, INC. was prepared by me or under my direct supervision 1' = 20' CONSULTING ENGINEERS LAND SURVEYORS, and that I am a duly Licensed Land Surveyor under DATE ^ SITE PLANNERS the laws of the State of Minnesota. 445 N. WILLOW DRIVE 10-1-13, 10-15-13 LONG LAKE, MN. 55356 / i JOB NO. 952.473.4191 13-389 Mark S. Gronberg Minnesota License Number 12755 LEGAL DESCRIPTION OF PREMISES SURVEYED: Lal 11, Block 6, CRYSTAL BAY VIEW o denotes iron marker (943.4) : denotes existing spot elevation, mean sea level datum —944— denotes existing contour line, mean sea level datum This survey shows the boundaries of the above described property and the location of an existing house, driveway and sidewalk tFFL�er�eon. It does not purport to show any other improvements or encroadti&tWIVED DL? 1; M3 CITY QF QRr)hjl;i 157q fjU0Le p (j ( Q Dupont Construction 763-753-9796 Customer: i Address: ►5 d 2erncxn. �is-�r� • 1vlS-! �iGLVv1[3y1G� FteAC IhSf� �-zP,r� cltr-�. ih 1�o�jn� a I,nsfu,�i 11J���e.. Gu IZjC,l6 Deck flashing to be installed against the lorinnr knnrH nnri canInd mark- to ha Lateral Bracing to be installed using Simpson Strong Tie Lateral Bracing Part DT112. 1 kit to be installed every 4' Treated Double 2" x JQ" beam around the entire perimeter of the frame. Frame will be built with 2" x IV treated southern pine, 16" O.C. all beams are flush. t) P-15"�o"