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HomeMy WebLinkAboutResolution 7193 11111111111111 111111 11 LAND TYPE Torrens (T) DOC NUM 5883056 Certified, filed and/or recorded on Oct 1, 2021 3:25 PM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 1 Pkg ID 2327427E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1326812 This cover sheet is now a permanent part of the recorded document. icLOAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti NO. ? 193 `4kESHa�� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-330 & 78-1435 FILE NO. LA21-000031 WHEREAS, on April 21, 2021, on behalf of the property owners Steve V. Zawoyski and Sara E. Zawoyski, a married couple (hereinafter the "Owners"), Doug Johnson (hereinafter the "Applicant"), applied for a variance from the City Code for the property addressed 724 Tonkawa Road and legally described as: That part of Lot 10, lying Northwesterly of a line drawn through it equidistant from the Northwesterly and Southeasterly lines thereof, "Parten's Point, First Division", Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow a second story to be constructed above an existing detached garage 15.6' feet from the rear lot line where a 30-foot setback is required due to the street-facing overhead garage door, 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 variance; 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 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 #LA21-000031. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the cLONo CITY OF ORONO IL RESOLUTION OF THE CITY COUNCIL Z • F NO. 7193 L `- ESHO 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-1 B Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.26 acres in area and has a defined lot width of 50 feet. 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 a Rear/ Street Setback Variance. 6. The proposed plans for the garage include a 1/2 bath with toilet and sink, a restrictive covenant for plumbing is required. 7. 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. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The garage setback on the street side is shown to be in keeping with the character of the neighborhood. The garage meets/exceeds side setbacks which helps to provide the necessary open space. There is no hardcover change from the existing condition and the variance is supported by the small/narrow lot challenges. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The scale and type of variance proposed to expand the upward volume of the detached garage within the rear setback while not impacting adjacent properties is consistent with the comprehensive plan. 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 t0vo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� NO. 7 1 9 3 L -/kEs ii o,i,� The request to permit expansion of the garage on the substandard lot, within the required rear setback appears to be reasonable as the Property's reduced size and orientation with respect to the lake and adjacent properties creates difficulties. No encroachment to adjacent properties or hardcover expansions are proposed. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. If the doors faced inward, the garage would be conforming with respect to the setback requirements. The Property's small size and width, location with respect to Tonkawa Road, and required setback based on the overhead door prevent expansion of the garage consistent with the neighborhood. There should be consideration for variance approvals from rear setback; c. The variance, if granted, will not alter the essential character of the locality." The footprint size and overall height of the garage at approximately 23 feet is in character with the immediate neighborhood. 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 an accessory garage is an allowed use in the LR-1B 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 size, width, and topography creates difficulties which also apply to many of the properties in the same neighborhood. The setbacks are not out of character.The proposed structural and hardcover levels are met. 3 -szLONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � N.� NO. 7193 G `4kESNO0' 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's substandard width, topography, and proximity to the County roadway create difficulties which apply to some properties in the immediate area but not the LR-1 B district as a whole. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." According to the Applicant, granting the rear setback variance is necessary for the preservation of the property right of the Owners. 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 setback variance in this unique situation is not contrary to the intent of the zoning chapter as the improvement is not shown to adversely impact adjacent property owners. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."Volume expansions of the garage are not permitted without variances. The variances from the rear setback is appropriately scaled for the owners' use and for the neighborhood. The variance will not merely serve as a convenience to the Owners. 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 78-1435 to allow construction of a second story addition above an existing detached garage 15.6' feet from the rear lot line where a 30-foot setback is required due to the street-facing overhead garage door, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the building plans dated 04/19/2021 and survey dated 07/30/2012 submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. 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 building permit must be 4 -OAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL --1\- <1‘ NO. 7193 4kESHO obtained within one year of the date of Council approval, or the variance will expire on that date (June 14, 2022). 5. The Owners agree to the filing of a covenant pursuant to City Code Section 78-1437 to permit installation of the proposed combination of fixtures requiring wastewater plumbing in the detached garage. The Owners covenant as follows: a. The detached garage will not be: i. Used for a home occupation unless specifically approved by the city or if allowed by this Code. ii. Used as a dwelling unless a guest house conditional use permit is obtained. iii. Rented, leased, or otherwise provided for use as a dwelling under any circumstances. 6. 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: LA— Anna Carlson, City Clerk Dennis Walsh, Mayor 5 -szLOATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL .ti NO. l 1 9 3 `-IA-Est-100' . Ail jgippp.."'"' IllZNNwm.—_ Steve V. Zaw.p i, Owner Sara E. Z. oyski, Ow fir STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this l' day of Ju.r,e.. , 2021, by Steve V. Zawoyski, husband of Sara E. Zawoyski. . �� ; #Notary Public ALICIA A JOHNSON f� STATE OF MINNESOTA ",., '� ,;' NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 01/31/25 COUNTY OF HENNEPIN This instrument was acknowledged before me this I?) day of 1A,v� , 2021, by Sara E. Zawoyski, wife of Steve V. Zawoyski. Notary Public F ALICIA A JOHNSON NOTARY PUBLIC-MINNESOTA '`� MY COMMISSION EXPIRES 01/31/25 6