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HomeMy WebLinkAboutResolution 7204 1111 II LAND TYPE Abstract (A) DOC NUM 10998561 Certified, filed and/or recorded on Aug 4, 2021 12:46 PM Office of the County Recorder Hennepin County, Minnesota Amber Bougie acting, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 174 Pkg ID 2290484E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL *is ]NO. 1204 ES HO A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA21-000044 WHEREAS, on May 17, 2021, on behalf of the owners: John David Kaercher and Lisa B. Kaercher, Lecy Brothers Homes and Remodeling, (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 3297 Casco Circle and legally described as: Lot 169 and Lot 170, Winship's Subdivision of Spring Park Lots, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for variances from Orono Municipal Zoning Code Section 78-350 to allow redevelopment of the substandard Property with 13,652 square feet in area and 99.9 feet in width where 21,780 square feet in area and 100 feet in width are required; and WHEREAS, on June 21, 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 June 21, 2021, the Planning Commission recommended approval of the variances; and WHEREAS, on July 12, 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 #LA21-000044. 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. 1 BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF G, NO. 7 2 0 4 `,kESHO�� 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Property contains 0.31 acres in area and has a defined lot width of 99.9 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: a. Lot Area Variance b. Lot Width Variance 6. In considering this application for variances, 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. "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. The owners are 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. 2 BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� e NO. 7204 elkESHp0' 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 Winship's Subdivision of Spring Park Lots' subdivision in 1884, well before local zoning codes were in effect and the applicants purchase; 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 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 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."T The standards applicable to the Property apply to all other properties in 3 \IOAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� NO. 7204 `4"Es HO the neighborhood; however, in order to be allowed the 30% hardcover that other developed similar-sized lots are afforded, variances to lot area and lot width are 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 owners 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 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 a variances to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of the substandard Property with 13,652 square feet in area and 99.9 feet in width where 21,780 square feet in area and 100 feet in width are required, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the requirements and standards within Chapter 78 of the City Code. 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 owners, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A building permit must be obtained within one year of the date of Council approval, or the variances will expire on that date (July 12, 2022). 4 �O'Vp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G4. NO. 7204 t-1kES H00' 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 12th day of July, 2021. ATTEST: CITY OF ORONO: / / , 1 IA-3)\-- 3)) ' Anna Carlson, City Clerk Dennis Walsh, Mayor 5 CERTIFICATE OF SURVEY N 7 2 0 4 of: LEIGH & DAVE KAE R C HE R PROPERTY DESCRIPTION: LOT 169 AND 170, Proposed Hardcover: See Hardcover Inventory and Exhibit Sheets RESIDENCE OFIWSHPRINGIP'S SION RK SPAILOTS SITE ADDRESS: / / 3297 Casco Circle se Orono, MN 55391 +,. j, Proposed Building Coverage: Buildings: 2,435 sq.ft. � VP Porches: 178 sq.ft. NN total 2,811 sq.ft. parcel area 13,852 sq.ft. coverage 19.1% c it"' Qb - D4. ,..... ' % 9sr• 1��n ,„"/ -- /`k 5)6.,2 C f r.' `*-\'' �O Ot 3' "!:464, `�' 14'.O `,` Irf9 EXISTING STRUCTURES,PATIOS , �^'• .433' v J ,f;4, L 'V WALKS AND DRIVES TO BE REMOVED n,ze fix 4.,..,/,,, � ,, 5 \,�..� (,(iii,,,,,-f "\. I, a ,� a / •.rr a ->Q' y ....sr?©� Q © e• ti •.a A >. 92.07 / s ��� pry .. !� ' ) s>z 9z I /�j , , i8 � i � . e 5� ti c! f ``�` a' t�6Q�4 1 ` ops 4. !i, . .4. \ ; .fie I p' 4o ..4,6,,,,, G ' ...VA 7' /i& D <-+\ J`" '�``�Q9os yP o�� a� i� ,�999.,lv A. C.V.�� 96e.>JQ� •yV•• '7,1, `",9„,„ •`?p ,9 Existing lirsl floor elev.-978.2 s Exiling tuck under gar.elev.-970.0 0 9.,. 1/4...1O 'PTL .z.ze� 3 Fxy} aerm 5119/ 9 RD 5/76PII aSBn r • Denotes found monument , A"'" xssem Tama Denotes existing elev. �io� PREPARED FOR: LECY BROS. HOMES & REMODELING DEMARS—GABRIEL I hereby certify that this survey, plan or report was prepared by me or under File No. LAND SURVEYORS, INC. my direct supervision and that I am a duly Registered Land Surveyor under the 14798 2317 W. 93rd St. Laws of the State of Minnesota. Book—Page Bloomington, MN 55431 763-559-0908 office — 612-751-6785 cell AJ•DL• 3/01/2021 Scale clec@qwestoffice.net 'HEEI 111E 3 SHEETS 1"=10' q David E. 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