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Home My WebLink AboutResolution 6227 Doc No T05149302 Certified, filed and/or recorded on Jan 28, 2014 2:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 8 Pkg ID 1078276D Doc Name: Variance Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1380664 This cover sheet is now a permanent part of the recorded document. o O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL G� NO. 622 , SH04� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-420 FILE NO. 13-3599 WHEREAS, Hometime Video Productions, Inc., a business corporation (hereinafter "the Applicant") is the owner of the property located at 80 Creek Ridge Pass within the City of Orono (hereinafter the "City") and legally described as follows: Lot 7, Block 1, Creekside in Orono, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for an after- the-fact variance to Orono Municipal Zoning Code Section 78-420 to allow construction of an enclosed screen porch portion of the proposed home, such porch located 24 feet from the side lot line within the required 30-foot side yard where no structure is normally allowed; 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 April 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 13-3599. 2. The Property is a Planned Residential Development (hereinafter "PRD") and has an underlying zoning of RR-1B One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The PRD provided for varying standards for individual lots. All lots were to adhere to the following setbacks: a. Front Yard: 35' b. Side Yard: 30' c. Side Street Yard: 35' d. From Creek: 75' e. From delineated wetlands: 35' Page 1 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL A NO. 6 2 2 ��kES14 4. The Planning Commission reviewed this application at a public hearing held on April 15, 2013 and on a vote of 5 to 0 recommended approval of the requested variance, based on the following findings: a. The Property contains 84,130 square feet in area and has a lot width of 160 feet. The existing property including the porch is conforming with respect to lot coverage at 4%. b. Prior to issuance of the building permit for the Property, Staff spent a considerable amount of time with the Applicant and the designer re-working the house plans so it fit correctly within the site respecting the required setbacks, utility easements, wetlands, etc. The permit was issued on November 21, 2012 and excavation for the house began on or about November 29, 2012 and that is when the pipe issue was discovered. Cold weather was imminent. c. The Applicant's excavation uncovered a break in the sewer line that the City would not have otherwise known about. Based on the nature of the break and the condition of the pipe public works staff felt it was unlikely that the break was caused by the Applicant's excavator. The lot had been filled at the time of the subdivision development as it was very low to begin with and compacting of that fill may have had an impact on the pipe. d. There should be a minimum of a 10 foot separation between the sewer line and the home for future maintenance purposes and to ensure the integrity of the sewer line. As viewed on site, the pipe was reportedly very near the intended northwesterly corner of the house. e. The Applicant was not responsible for the pipe location; the City had no intent to relocate the sewer line. f. The Applicant owned (and still owns) the adjacent vacant building lot. g. The Applicant and Staff concluded that to resolve the issue the house could be pivoted to the east, but this would result in an encroachment of the east side setback. Page 2 of 4 .� O O O CITY of ORONO RESOLUTION OF�T�VLTY COUNCIL NO. t�kESHOg' h. The potential time delays and costs that would be incurred by the Applicant in redesigning the house due to a City sewer line in the wrong location appeared to far outweigh the negative impacts of the encroachment. Staff advised the Applicant that they could proceed, but would have to make an after-the-fact variance application. The Applicant was advised that a surrey showing the relocated house with the porch encroachment would also be required. i. Pivoting the house resulted in the encroachment of a small portion of the 1- story, screen porch into the 30' east side setback by approximately 6' at the south end and 4' at the north end. The porch is 18' wide so the total area of encroachment into the setback would be about 90 s.f. of open porch. j. The porch is one story and only adds minimally to the massing on the site. k. The encroachment does not appear to limit the light, air and open space enjoyed by the adjacent property. The Applicant's request results in minimal negative impact to adjacent properties. Granting the applicant's request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions existing on the 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 Applicant, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicant; 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 one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-420 to allow construction of an enclosed screen porch portion of the proposed home, such porch located 24 feet from the side lot line within the required 30-foot side yard where no structure is normally allowed, subject to the following conditions: - , Page 3 of 4 O� O O CITY of ORONO Aff RESOLUTION OF THE CITY COUNCIL NO. 6 ? 2 7 �kESHOg� 1. Council approval is based on the survey/site plan dated 04/18/2013 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not with the Applicant, but are permissive only. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (May 13, 2014). 3. Violation of or non-compliance with any of the terms and conditions of this resolution 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 Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. ATTEST: Adopted by the Orono City Council on the 13th day of May, 2013. 4-at Rachel Dodge, City Clerk Lili Tod McMillan, Mayor AOJA,- Pripifty 7 r STATE OF MINNESOTA COUNTY OF HENNEPIN 4A4 This instr ment was acknowledged before me this�5day of !b D�1' 201 by 6cjn_ VI VLS cM. on behalf of Hometime Video Publications, Inc., its °%Vk` MONICAA.FADNESS Nota Public '� NOTARY PUBLIC_MINNESOTA UFS Commission Expires Jan.31,2017 V` Page 4 of 4 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 May 13, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. ..W11 NESS my hand officially as such City Clerk and the corporate seal of the City th �day of V4,�A lkCL'L. , 2014. City Clerk t a'`