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Home My WebLink AboutResolution 6153 � • - � O 'V O �� O CITY of ORONO ��,,a$ _ � � =' � RESOLUTION OF THE CITY COUNCIL � � .:�� No. 6 1 5 3 �`�k'EsHog'� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. 12-3558 WHEREAS, Mark D. Duenow, a single person (hereinafter "the Applicant") is the owner of the property located at 1525 Minnie Avenue within the City of Orono (hereinafter the"City") and legally described as follows: Lot 3, Hickory Hill, 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 78-350 to allow construction of an enclosed screen porch addition to the existing home, such porch located 7 feet from the side lot line within the required 10-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 June 18, 2012 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 12-3558. 2. The property is located in the LR-1C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on June 18, 2012 and on a vote of 6-0 recommended approval of the requested variance, based on the following findings: Page 1 of 4 � o� O > O CITY of ORONO �;��. - ,� � � ,-� � RESOLUTION OF THE CITY COUNCIL �� No. 6 1 5 3 L`�kESH�g'� a. The property contains 7,205 square feet in area and has a lot width of 50 feet. The existing property including the after-the-fact enclosed porch is conforming with respect to lot coverage at 919 s.f. where 1500 s.f. is allowed. b. The Property is within the 250-500' hardcover zone where 30% hardcover is allowed. Existing hardcover on the property including the enclosed porch and associated grade-level deck is 29.24%,just below the 30% limit. c. The enclosed porch as constructed is located 7 feet from the side property line where a setback of 10 feet from the side property line is normally required. A grade-level deck newly constructed alongside the enclosed porch meets the pertinent setback requirements. d. The enclosed porch was constructed over a pre-existing grade-level deck. The pre-existing deck was at the main floor level and would be allowed as close as 2 feet from the side lot line per Code Section 78-1405(3). Enclosure of the conforming deck to make it into a porch requires that the porch meet the 10' setback. e. The enclosed porch as constructed continues in line with the side wall of the existing house and will not encroach any nearer the lot line than the existing house. f. Addition of a screen porch to this very small house is not an unreasonable request. The fact that the existing house is closer to the side lot line than the Code allows is a practical difficulty. The existing jog along the back wall of the house would act to limit the width of a conforming screen porch extension to approximately 7 feet. Further, the existing roofline of the house would make it difficult or impossible to maintain reasonable headroom in an enclosed porch if it had to be moved further north along the rear walls of the house. g. The addition does not appear to limit the light, air and open space enjoyed by the adjacent property. The house to the immediate south is approximately 50 feet from applicant's side lot line. The applicant's request results in minimal negative impact to adjacent properties. The location of the existing home and the size of the property are a unique circumstance not created by the applicant. 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. Page 2 of 4 � � - � O� O ��_ O CITY of ORONO � - �-1 �- ,-�.; F RESOLUTION OF THE CITY COUNCIL �� ::�°&y �ti No. 6 � � 3 L�kESH�4� 4. 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. 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 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 78-350 to allow construction of an enclosed porch addition to the existing home, located 7 feet from the side lot line within the required 10- foot side yard where no structure is normally allowed, subject to the following conditions: l. Council approval is based on the survey/site plan dated May 3, 2012 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. Applicant shall obtain an after-the-fact building permit for the construction of the enclosed porch and grade-level deck. The existing construction shall be reviewed by the Orono Inspections Department and any elements not meeting code requirements shall be brought to code. 3. Authorities granted by this resolution run with the property not with the Applicant, but are permissive only and must be exercised by obtaining an after-the-fact building permit for the completed work within 60 days of the date of this Resolution. A final inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (July 9, 2013). Page 3 of 4 � O� O �,� _ O CITY of ORONO �a__ � " �',=�'A � RESOLUTION OF THE CITY COUNCIL �'� :� � Gtiti No. 6 1 � 3 ��kESH�g'� 4. 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 rnisdemeanor. 5. 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. Adopted by the Orono City Council on the 9th day of July, 2012. ATTEST: .�� _C.� o�-�.�. , -� �.�2'�:�.-. Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thisd�day�of�(�/�-Glr , 2012, by Mark D. Duenow, a single person. ,�s --. �t , �L ��,� p MONICAA.FADNESS E: _ NOTARY PUBLfC-MINNESOTA NOt PUUIIC 'H; .�2 My Commission Expires Jan.31,2017 ete• Page 4 of 4 -� CERTIFICATE OF SURVEY FOR Resolution " � � Exhibit A MARK D. DUENOW - -- � OF LOT 3, HICKORY HILL - HENNEPIN COUNTY, MINNESOTA { � � 3 I - I :�: : �:.. .� _ :...�..: � 144.33�� ao `- S 88 36 23 E � I . ......._--------------� o , „ 143.95.E,�,�-----------�---...- ---- � W w �� : .:. � � ; q. : � � '� BLACKTOP DRIVEWAY � - � E :n i (fl : `°°°e" ' � d" e.e . ' . p ,a. . ' ln : r••, � �EXISTING . � E DEqC ooric. O r � � . � .- � i-.......""""31.9..""""""" �� W _ . :::,o� e HED^ 3 � EXISTING � �O F---� p ; HOUSE� : � � oeck � � ,��szs ; O Z �'•. - us � i � . ---- oM�;l.. �. � � � . .D . ^ .. .-.-G-q/-.� (� � ,. . . ... . ��--•"_ N tSti JV� ZJ�� : .�� •; :.: ......—• " � : ��: 44.27,��--��---.. � ... I � � 144.33�� 40 - I • LEGAL DESCRIPTION OF PREMISES : Lot 3, HICKORY HILL o : denotes iron marker Bearings shown are based upon an assumed datum. -� This survey intends to show the boundaries of the above described property, the location of two existing buildings, and the location of all visible "hardcover" thereon. It does not purport to show any RECEIVED other improvements or encroachments. NOTE: The entire property falis within the 250-500 setback zone. MAY 23 2012 c�i m . cin�oF oRONo Q � G R 0 N B E R G A N D � �reby certify that this plun, specification, or report �^'t was prepaed by me, or under my direct supervision, 1"=20' A S S 0 C I A T E S I N C. °nd that I om a duly i.icensed Land Surveyor under the laws of the State of Minnesota. on.iE CONSULTING ENGINEERS�, LAND 5-3-12 -� SURVEYORS, & SITE PLANNERS �/ ,�,�Q. 445 NORTH WILLOW DPoVE LONG LAKE, IdN. 55356 — �2—j25 eco 952-473-4141 Mork S. 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