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Home My WebLink AboutResolution 6306 .� 0,�. O � O CITY of ORONO _ � � - � RESOLUTION OF THE CITY COUNCIL �'� � , `�' 3 0 � No. b 6 G ��kESH�g'� A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-420 FILE NO. 13-3611 WHEREAS, Revis Stephenson and Meghan Stephenson, a married couple, (hereinafter "Applicants") are the owners of the property located at 1850 Fox Ridge Road within the City of Orono (hereinafter "City") and legally described as: Lot 4, Block 1, Fox Ridge, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-420 in order to construct a 37' x 28' two-story garage addition to the exsitng home 40.6 feet from the front lot line where a 50 foot setback is normally requried and a 38.6 foot setback currently exists; and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-420 in order to construct a two-story garage addition to the exsitng home 19.7 feet from the north side lot line where a 30 foot setback is normally requried and a 24.5 foot setback currently exists; and WHEREAS, the Applicants have made application to the City for a variance from Orono Code Section 78-420 in order to construct a front porch addition to the existing home 38 feet from the front lot line where a 50 foot setback is required and 38.6 foot setback currently exists; and WHEREAS, the existing home on the Property is not located in a conforming location; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on July 15, 2013, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. � � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#13-3611. Page 1 of 5 .� o,� O � O CITY of ORONO , ,� _ � • � RESOLUTION OF THE CITY COUNCIL `�',�, � � ti �G NO. � 3 0 � ��kEsKo4 2. The Property is located in the RR-1 B zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. 3. The Planning Commission reviewed this application on July 15, 2013 and on a vote of 5 - 0 recommended approval of the variances, based on the following findings: a. The Property has approximately 76,128 square feet (1.75 acre) acre in area and has 60 feet in width at the cul-de-sac. b. The proposed level of structural coverage on the Property will be conforming at 3.6% where 15% is normally allowed. c. The Applicants have proposed to step back the second story of the garage addition lessening the massing when viewed from the street. d. The lots in the plat of Fox Ridge range from 1.0 acre to 1.75 acres in area and generally do not conform to the RR-1 B 2-acre zoning requirement. e. The Property contains a steep slope to the rear and a large wetland on the east side of the lot limiting the buildable area. f. The neighboring home to the north is situated approximately ±38 feet from the Applicant's side lot line which will still allow for about ±56 feet of separation between the neighbor's home and the Applicants' garage addition. g. The Applicants' request will alleviate a practical difficulty inherent to the existing location of home and its proximity to the front lot line. This practical di�cult was not created by the Applicants. h. The Applicants' request is reasonable and reduces the current encroachment of the existing garage/home into the front setback. i. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. j. The Applicants' request is in harmony with the purpose and intent of the ordinance. Page 2 of 5 .� o,�,. O � O CITY of ORONO _ � `'3 ' %° � �+ RESOLUTION OF THE CITY COUNCIL �� c,�� No. 6 3 0 6 ��kESH�g'� k. The Applicants' proposal is consistent with the Comprehensive Plan. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances from Orono Code Section 78-420 in order to construct a 37' x 28' two-story garage addition to the existing home 40.6 feet from the f�ont lot line where a 50 foot setback is normally requried; a variance to construct a two-story garage addition 19.7 feet from the north side lot line where a 30 foot setback is normally required and a 24.5 foot setback currently exists; and a variance in order to construct a front porch addition 38 feet from the front lot line where a 50 foot setback is required; subject to the conditions listed below: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining building permits 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 variances will expire on that date (August 12, 2014). 3. Violation of or non-compliance with any of the terms and conditions of this resolution Page 3 of 5 .� o,�,. � O � O CITY of ORONO � � i ��%; � RESOLUTION OF THE CITY COUNCIL � ' �`� 6 3 0 6 �, NO. ��k'ESH�g'� shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicants have read, understood and hereby agree to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 12th day of August, 2013. ATTEST: ��. � ,�� , Rachel Dodge, City Clerk Lifi Tod McMillan, Mayor Page 4 of S � o� � O , O CITY of ORONO - . � � ' %°- � RESOLUTION OF THE CITY COUNCIL � A � � ��'� NO. � � Q 6 �kESH�g' � � evis Stephenson M ghan St ph son STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of , 2013 by Revis Stephenson, husband of Meghan Stephenson. :�..., �A�`� MONICAA.FADNESS � �; � =�'r NOTARYPUBLIC-MINNESOTA Nota PUbIIC '� � � My Commission Fxpires Jan.31,2017 a 1!'.�+� STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this �day of��0 � , 2013 by Meghan Stephenson, wife of Revis Stephenson. VJ�"�V�lt . ., Notary Public BARBARA G. SILUS NOTARY PUBLIC-MIMJJESOTA My Commission Expues,J�n.31,2018 Page 5 of 5 . ° Resolution Exhibit A TOPOGRAPHI�C SkJ�VEY FOR � � � � RE�f[S & Nf�EGHAN STEPHENSEN OF LOT 4, BLOCK 1, FOX RIDGE � HENNEPIN COUNTY, MINNESOTA � � � � � � � � � � � �� S�E � I I � � i 1 3 � � � , � , .� , ; , I \� , �� ', ` �� , , , � � ; � � �'�� ' ' � � � � � 1 � � � I �� \�� 1 � �� I 1 •� \��\� 1ql j � � j i I � '�� \� \ \ �` 1 , � ' ' I I �6�"�� ``\� \\�``�\ ,\`, ��1,\� �� Ij �I 1 M6. � � \� \� \\\�`�\I � \��`7 1 1 1� �� //l � � �67j 1 � � I �`\ `� `1 �� ,� ,1 1 1 I 1 I � � � I 1 �� 1 1 y � l 1 � j i I I I �� \�'k�`M�c�l � ' � � � �\< < 1� I I ti � � 1 I � I I 1 , ��'� � ' E .11 � 1( 1I � � t { � j 1 I I I � ies` ' ! � 91� � � � � i 1 � � � � i i � WETLAND � FOA (!7� 77 �� r T j 1j 1�� I � 4' I � '''� � I ' � W � � � R ADE ; s ' �, �� b ; # � � ��'a�� m � � � 4 ; �� ; I � ; ; ; � �E��° �4 ��r� � �� '` � � 1 1 I I � I i i � � � �1A � I � � I y I � � / � 1 r � � 1 I 1 �'� (Y7f.q IYtE�7) � � 1 �� i I l!l I� I+�t � ��r � I � � � � ! / I 1 � 1976.l1 `( � j� V�I� � j �� j j �1 r � �' 1 � Ir �� /I� I � ! 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