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Home My WebLink AboutResolution 6154 � , � O� O _�� , O CITY of ORONO ,a�, a ` ,�' =;' D+ RESOLUTION OF THE CITY COUNCIL � .:��,. �� G'�'� NO. E � �J t� �kEsH�4'� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1435 FILE NO. 12-3559 WHEREAS,Kent Holmes Hodder and Judith Brown Hodder, husband and wife, (hereinafter "the Applicants") are the owners of the property located at 2640 North Shore Drive within the City of Orono (hereinafter the"City") and legally described as follows: The following property in COLWELL ADDITION, Hennepin County, Minnesota: Outlot A and Lot 2, Block 1 and That part of Lot 3, Block 1, which lies Northwesterly and Westerly of the following described line: Beginning at a point on the North line of said Lot 3, a distance of 156.10 feet Easterly from the Northwest corner of said Lot 3; thence Southwesterly to an angle point on the Westerly line of said Lot 3 a distance of 302.76 feet southerly from said Northwest corner, as measured along said Westerly line; thence Southerly along said Westerly line a distance of 162.64 feet to an angle point in said Westerly line; thence Southerly to the point of curvature on the Southwesterly line of said Lot 3 and said line there terminating. (hereinafter the"Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1434(3) and 78-1435 to allow construction of a 1600 s.f. oversized accessory building in a location nearer to the front or street lot line than the principal building on the property where no accessory structure is normally allowed; and Page 1 of 6 � O� O �! O CITY of ORONO , - � � =' � RESOWTION OF THE CITY COUNCIL Y�. :; �� .��, ��,� No. 6 1 5 � �kESH04' 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 12-3559. 2. The Property is located in the RR-1 B 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 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: a. The Property contains 3.51 acres in area and has a defined lot width of 78 feet. The Property widens to approximately 185 feet at the proposed accessory building location. b. The Property is within the 75-250', 250-500' and 500-1000' hardcover zones as measured from the OHWL of French Lake, and the proposed hardcover on the Property will be well below the allowed hardcover percentages for each zone. c. The Property is a long narrow lot approximately 900 feet deep with the existing residence structure located near the rear of the property. The only location that an accessory structure can legally be located on the Property is an L-shaped area near the house at the rear of the lot. This area is mostly encumbered by the existing driveway. Applicants propose to construct the building near the center of the Property. d. The proposed location for the accessory building will meet all pertinent setbacks, being 445' from the front lot line where a 50' setback is required; 435' from the rear lot line where a 50' setback is required; 105' from the west side lot line where a 30' setback is required; 37.5' from the east side lot Page 2 of 6 � o� O �� O CITY of ORONO ��,_ � � � � ' ' � RESOLUTION OF THE CITY COUNCIL � .��.� � � �� No. 6 1 5 4 ��kESHOg'� line where a 30' setback is required; 185' from the OHWL of French Lake where a 150' setback is required; and 185' from the edge of wetland where a 50' buffer plus 20' buffer setback would be required. e. The limitations imposed by Sections 78-1434 and 78-1435 are intended to prevent obtrusive accessory buildings within the front yaxds of urban and rural neighborhoods. The impact of an accessory building between the house and the street on this Property in a neighborhood of 2-plus acre lots would appear to be of a significantly lesser magnitude than in a neighborhood of 1/2 acre or 1-acre lots. f. The proposed accessory building location is approximately 220 feet from the residence to the immediate west at 1200 Old Crystal Bay Road, which is the neighbor in closest proximity to the structure. The proposed building is about 290 feet from the Applicants' residence. As viewed from the east, northeast and southeast, the proposed building will be screened to some extent by existing trees. g. The existing house was built in 1935, prior to adoption of the current zoning standards. The applicants are proposing to add an accessory building which meets ma�cimum size limitations and setback requirements based on the lot area. Economic considerations are not a factor in this variance request. h. The location of the existing house near the rear of the lot creates a practical difficulty in that the bulk of the Property is between the house and North Shore Drive. The Property is wide enough and the proposed accessory structure is located such that a conforming house could be placed near the front of the lot (streetward of the proposed accessory building) without the need for variances, and if that were the case, this application would not be necessary for the proposed accessory structure. i. The proposed accessory building does not appear to limit the light, air or open space enjoyed by the adjacent properties. The Applicants' request results in minimal negative impact to adjacent properties. The location of the existing home and the shape of the Property are a unique circumstance not created by the Applicants. Granting the Applicants' request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. Page 3 of 6 � o� O �!� � _ O CITY of ORONO ,_,__ a �A � RESOLUTION OF THE CITY COUNCIL ,, ::; ��L , .:� ��ti No. 6 1 5 4 �kESH04 4. The City Council has considered this application including the findings and recommendation 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. 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 one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-1434(3) and 78-1435 to allow construction of a 1600 s.f. oversized accessory building in a location nearer to the front or street lot line than the principal building on the property where no accessory structure is normally allowed, subject to the following conditions: 1. Council approval is based on the survey/site plan dated June 4, 2012 and conceptual building plans submitted by the Applicants 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. Approval is subject to execution by the Applicants of the standaxd Oversize Accessory Structure Covenant as established in Zoning Code Section 78-1434(3)(c). 3. 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 framing 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 4 of 6 � o� O �� O CITY of ORONO �a - � �' �► RESOLUTION OF THE CITY COUNCIL '� :��'u:: �� No. 6 1 5 4 `�kESHog' 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 misdemeanor. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' 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 the 9th day of July, 2012. ATTEST: L�� U�t'-C--°, v `�'� �rtiQ. �e../71,� Linda S. Vee, City Clerk Lili Tod McMillan, Mayor " � �4- operty er Property Owner Page 5 of 6 � o� O �,�, O CITY of ORONO ��..= a � � ' �' � RESOLUTION OF THE CITY COUNCIL ,�� .;��:�: G�ti No. � � � 4 ��kESH�4� STATE OF MINNESOTA COUNTY OF HENNEPIN �-i-1^ This instrument was acknowledged before me this�day of .��;rr��;12012, by Kent Holmes Hodder, husband of Judith Brown Hodder. RACHELDODGE �,�p NOTARY PUBLIC-MiNNESOTA �--�-A—� I�IC, �-� My Commission Expires Jan.31,2015 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �q day of ��CP,wi.t��,,2012, by Judith Brown Hodder, wife of Kent Holmes Hodder. •�,�?'..� �irE�l�/IiWJ <a ��`'��; BARBP,RA G.SILUS ��Q� J I•�:"� y �; '•;��':f �vOTARY PUBLIC-MINNESO °t�-�'^ h1y Ccmmission Expires Jan.31,2013 Notary Public , J Page 6 of 6 . .U . � � $� X � #� � W .e ¢ya Z U � � � o = 2T3QQOH,LI�IISI �°�� a moesn czss>�scss�Nw viruvN,�vMavoae`unos os� : -' o �� > � � ��NI `1SI(1DJ2i38-3�IHl`dS " ��s�`-��, 0 o ao�aaavaaaa g � 4 '�n.e+q°j �� anxns 3o a.td��ixa� oQ W o d � 54 N 7� 9Y ;gY s � � c � � �!r3 0 ti � y �j a° t C � V � ; � � Y W # �� g � � F � � � i;j�, �t� � � i x ti go a � �� s �§�i B €g �� %�F�� $ p g °4 �g� g $ � sya �y 3 a� � ��z�� 8� 8 � � �RR � Y � Zy� �9 � �# a � b a� = g � _ � g �� s �� ia � � z � � � � p�� 3 S '�"`� `� � � ��` �� ' � :eeee �� a- � g ��$ g�� x exxxst € a � �" ,@ $ � �� a �� $�� s e � xy��a °�xg E � � y ��a� � FE &x�� as�6 fi� ga ��g i � �a & s $`pN$F � � �� -y a S �� F e�R� g �� g 23 36� a � $z' � � �$�� S e';� � s : � � � � E 3 osd e E �E '��5 g � B� �x� '60 i a�_ � � � _ �t �° o �3 � g� � � a � E ��,�� e�x�� a � � � 3� � '� ��# o � �� B s 7 £ se � � � / �\ � � � .��; , �, '^�.� � _ � . �� a ��.��' - - - - - - - - - - �� - � '� ' �,��y.� �� ; � �,� i :<'v �� 'o �. . 8;, a �r.a��s.� I �� ,`�• �a, �� `� ,�c. , . s i,i ° � � a, , ; • / !; 1 - ;. 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