HomeMy WebLinkAboutResolution 7408 LAND TYPE Abstract (A)
DOC NUM 11239032
Certified, filed and/or recorded on
Oct 17, 2023 4:14 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 149 Pkg ID 2613292E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono,Minnesota, certifies that I compared the foregoing Resolution adopted at the
meeting of the Orono City Council on October 9, 2023 with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 10th day of October, 2023
Anna Carlson, City Clerk
(seal)
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
'$ � NO. 7408
' 'EsHO
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-350 & 78-1700
FILE NO. LA23-000048
WHEREAS, on August 23, 2023, on behalf of the property owners, Michael Sharratt of
Sharratt Design (hereinafter the "Applicant"), applied for variances from the City Code for the
property addressed 3548 Ivy Place and legally described as:
Lot 174, Taylor's Subdivision of Spring Lake 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 nonconforming lot
0.28 acre in area and 52 feet in width where 0.5 acre and 100 feet of width are required; and
WHEREAS, the Applicant has made application to the City of Orono for a variance from
Orono Municipal Zoning Code Section 78-1700 to permit 35.5% hardcover where 25% is
required and 44.4% currently exists, in conjunction with redevelopment of the Property; and
WHEREAS, on September 18, 2023, 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 September 18, 2023, the Planning Commission recommended approval
of the variances by a 6 to 0 vote; and
WHEREAS, on October 9, 2023 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:
1
CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
NO. 7408
t
ICES 1 0
FINDINGS OF FACT:
Al. 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.
A2. The Property is located in the LR-1 C Single Family Lakeshore Residential Zoning
District.
A3. The Property contains 0.28 acres in area and has a defined lot width of 52-feet.
A4. The Property is within Tier 1 and hardcover is limited to 25% according to the
Stormwater Quality Overlay District.
A5. Applicant has applied for the following variance[s]:
a. Lot Width Variance
b. Lot Area Variance
c. Hardcover Variance
A6. 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:
B1."Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ." The proposed variances are in harmony with the
purpose of the Ordinance. The substandard lot has difficulties in its small size and width
make development difficult. The challenges with Ivy Place's narrow width requires guest
parking to be accommodated on site resulting in the need for additional hardcover.
B2."Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances requested in order to rebuild home on this
nonconforming lot are consistent with the comprehensive plan.
2
,cLOAT CITY
NO. 7 OF 4os ORONO
RESOLUTION OF THE CITY COUNCIL
A",
4kEs H O'
B3."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
request for variances supporting construction of a new residence on the
substandard lot is reasonable.
b. The plight of the landowner is due to circumstances unique to his property not
created by the landowner. The substandard lot size is an existing condition, there
is no available land with which to make the Property more conforming. The
restricted roadway and substandard lot size are challenges not created by the
owners. There should be consideration for variances for the Property which is
substandard in area and hardcover requirements. The project has been designed
with an effort toward limiting the additional hardcover without sacrificing
functionality; and
c. The variance, if granted, will not alter the essential character of the locality." The
variances are requested in order to permit construction of a new home in a
conforming footprint, which is reasonable.
B4."Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5."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.
B6."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.
B7."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.
B8."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 and parking
difficulties also apply to many of the properties in the immediate neighborhood. The
3
�.Q� CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
G�� NO. 7408
.gkESHQ�ti
proposed hardcover level is an improvement from the existing condition and is not out of
character.
B9."The conditions do not apply generally to other land or structures in the district in which the
land is located."The Property's substandard area and width, combined with the
challenges resulting from the narrow roadway create difficulties which apply to few
properties in the City. The immediate neighboring properties have similar challenges.
B10."The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The proposed size of the home is below the
20% structural coverage limit. Granting of the lot area, lot width, and hardcover variances
are necessary for the preservation of the property right of the owners.
B11."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
variances for lot area, lot width, and hardcover in this situation is not contrary to the intent
of the zoning chapter.
B12."The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."Without variances the Property is
unbuildable. The variances for lot area, width, and hardcover are necessary, and do not
merely serve as a convenience to the applicant.
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 redevelopment of the
nonconforming lot 0.28 acre in area and 52 feet in width where 0.5 acre and 100 feet of width
are required; and a variance from Orono Municipal Zoning Code Section 78-1700 to permit
35.5% hardcover where 25% is required and 44.4% currently exists, in conjunction with
redevelopment of the Property, subject to the following conditions:
C1.Council approval is based on the entire record, above Findings.
C2.The approved project shall conform to the survey dated August 23, 2023 and revised on
August 30, 2023 and building plans submitted by the Applicant and annotated by City
staff, attached to this Resolution as Exhibits A & B.
C3.Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
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‘ OAt CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� NO. 7448
�41cEs H ov--
C4.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
obtained within one year of the date of Council approval, or the variance will expire on
that date (October 9, 2024).
C5.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 9th day of October, 2023.
CITY OF ORONO:
530P2...cti<0'
Dennis Walsh, Mayor
ATTEST:
12'Xr,Cd'sL.
Anna Carlson, City Clerk
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NOTE: The only easements shown are from plats of
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Drawn By
Signed
Gregory R. Prasch, Minn. Reg. No. 24992
Scale: 1" = 30'
F.B.No.
Project No.I certify that this survey, plan, or report was prepared by me or under my
direct supervision and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota
rev
Address:
Legal Description
7601 73rd Avenue North
Minneapolis, Minnesota 55428
(763) 560-3093
DemarcInc.com
90442
Site Plan Survey For:
3548 Ivy Place
Orono, MN
Prepared this 23th day of August 2023.
ALIGN BUILDING AND REMODELING
Lot 174, TAYLOR'S SUBDIVISION OF
SPRING PARK LOTS
Hennepin County, Minnesota
Property located in Section
20, Township 117, Range 23,
Hennepin County, Minnesota
F:\survey\taylors subdivision of spring park - hennepin\174 taylors sub of spring park\01 Surveying - 90442\01 CAD\01 Source\01 Survey Base.dwg
Basis for
bearings is
assumed
Surveyors Certificate
Denotes Wood Hub Set for excavation only
Denotes Existing Elevation
Denotes Proposed Elevation
Denotes Surface Drainage
Denotes Iron Monument
Denotes Found Iron Monument
Denotes Proposed Contours
Denotes Existing Contours
Ordinary High Water
Elevation = 929.4
100 Year Flood Elevation = 931.1
per FEMA map 27053Co311F
effective date 11/04/2016
1131-70
Property Zoned:
Setbacks:
Front = 30 feet
Side = 10 feet
Rear = 75 feet from OHWL
LR-1C - One Family Lakeshore Residential - 1/2 Acre
8-1-2023 site line
GARAGE 787
PAVERS 226
STEPS TO LOWER LEVEL 51
PROPOSED HARDCOVER
4465/ 12581 = 35.49%
NEW STEPS 21
PROPOSED BUILDING COVERAGE
2395/ 12581 = 19.0%
EXIST. HARDCOVER 5591/ 12581 = 44.44%
HOUSE 1660
GARAGE 532
DRIVE 2552
CONC. STOOP 146
DECK 125
PAVERS 205
WOOD WALKWAY 239
5591
STEPS 188
CONC. APRON 44
PATIO CREDIT -100
PROPOSED HARDCOVER
EXISTING HARDCOVER
RET. WALLS 151
FRONT WALK 0
FRONT WALK 155
EXISTING BUILDING COVERAGE 2318/12581 = 18.4%
DRIVE 1433
4465
HOUSE 1562
FRONT STOOP 37
AC 6
Proposed Top of Foundation
Proposed Garage Floor
Proposed Basement Floor
Type of Building
Full Basement Walk
946.1
946.06
938.38
Proposed First Floor946.5
Pergolan Posts 1
100 Year Flood Elevation per city = 931.5
8-30-2023 city comments
Note: Builder is requesting an
additional 35 sq. ft. as the site is
Developed
Proposed Conditions
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City of Orono
Hardcover Calculation Worksheet
Property Addr ess: 3548 Ivy Place
Prepared by: Demarc Date: 08/30/23
Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5
Step 2: PROPOSED HARDCOVER
In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate
of Survey (survey must accompany this form). Include all existing hardcover items that are intended to
remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to
accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features
by letter which are split at the 75’ setback line and calculate hardcover square footage separately for each
portion.
Key to
Survey Hardcover Item (Describe) Length x Width Total
(Square Feet)
(Example) (Garage) (24’ x 30’) (787 S.F.)
A Garage irregular 787 S.F.
B House irregular 1562 S.F.
C Driveway irregular 1,433 S.F.
D Pavers irregular 261 S.F.
E Steps to Lower Level irregular 51 S.F.
F New Steps irregular 21 S.F.
G Ret. walls irregular 151 S.F.
H Front Walk irregular 155 S.F.
I A/C irregular 6 S.F.
J Pergolan Posts irregular 1 S.F.
K S.F.
L S.F.
M S.F.
N S.F.
O S.F.
P S.F.
Q S.F.
R S.F.
S S.F.
T S.F.
U S.F.
V S.F.
W S.F.
X S.F.
Y S.F.
Z S.F.
(1)Total Proposed Hardcover 4465 S.F.
Excludable Hardcover (See City Code Sec 78-1684):
S.F.
S.F.
S.F.
S.F.
S.F.
(2) Total Excludable Hardcover S.F.
(3) Net Proposed Hardcover [Subtract line (2) from line (1)]4465 S.F.
(4) Total Lot Area 12581 S.F.
Proposed Hardcover Percentage [ (3) ÷ (4) ] 35.49%
This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained
herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail.
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