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Home My WebLink AboutResolution 6539 - ' _' : �p lJ C�c�'j,..l�t.�_ , - � z Doc No A10265577 Certified, filed and/or recorded on Dec 2, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 1328517M Document Recording Fee $46.00 Documenf 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 September 14, 2015 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 15a' day of October, 2015. bigfe—Tiegs, Ci Cler FY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6539 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-420 (B) FILE NO. 15-3772 WHEREAS, Robert L. M. Miller, single, (hereinafter "the Owner") is the owner of the property located at 60 Smith Avenue within the City of Orono (hereinafter the "City") and legally described as Lot 41, Orono Orchards, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Owner has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 (B) to allow construction of a second story addition, a one-story mud/laundry room and attached garage, such additions to be located 17.5 feet from the north side lot line where a 30 -foot setback is normally required; 10.1 feet from the south side lot line where a 30 -foot setback is normally required; and 29.2 feet from the front lot line where a 50 -foot setback is normally required; 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 August 17, 2015 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 15-3772. 2. The Property is located in the RR -113 One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum Iot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on August 17, 2015 and on a vote of 5-1 recommended approval of the variance Page 1 of 5 RESOLUTION OF THE CITY COUNCIL NO. 6539 conditioned on the applicant providing additional vegetative screening to the adjacent properties. The City Council makes the following findings: a. The Property contains 36,677 square feet (0.84 acres) in area and has approximately 105 feet in width along Smith Avenue. b. The Property is served by sanitary sewer. c. The site layout and the location of the existing home makes it difficult to construct additions that would conform to the RR -1B District standards. The lot is limited for extending rearward due to steep slopes; the shallow rear yard directly behind the house is relatively level due to a retaining wall, beyond which the woods slopes down to a wetland area. d. The existing house is located approximately 33 feet from the street lot line where a 50' setback is normally required. The proposed covered front entry will be slightly relocated at 29.2 feet from the front lot line. The proposed second story will maintain the existing front setback. The garage and mudroom will be approximately 38 feet from the front lot line. These front setbacks are consistent with those of other homes in the immediate neighborhood. e. At the north (left) end, the second story addition will maintain the existing 17.5 foot side setback where 30' is required. The visual impact to neighboring properties of the second story is relatively minimal and will not be out of character with the surrounding neighborhood. f. At the south (right) end, the existing conforming detached garage located 13.2 feet from the side lot line will be removed, to be replaced with an attached one-story garage at 10.1 feet from the side lot line where a 30' setback is required. While the visual impact that will be created by the new attached garage location is relatively minimal, existing vegetative screening along the side lot line at the proposed attached garage location should be maintained as a buffer to the adjacent property. Page 2 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6539 g. The addition of the second story and attached garage to the existing home is consistent with the comprehensive plan and will not alter the character of the area. h. The Owner's request will alleviate a practical difficulty inherent to the Property and not created by the Owner. i. The Owner's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. j. The Owner's request is in harmony with the purpose and intent of the ordinance. k. The location of the existing home as well as the topographic challenges of the Property create practical difficulties for identifying alternate locations for the proposed additions in a conforming location. The Owner has demonstrated that enforcing the setback provisions of the Zoning Ordinance deprive the Owner of the reasonable use of the Property. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, continents by the Owner 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 variances 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 Owner, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owners; 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 variances to Orono Municipal Zoning Code Section 78-420 (b) to allow construction of a second story addition, a one-story mud/laundry room and attached garage, such additions to be located Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6539 17.5 feet from the north side lot line where a 30 -foot setback is normally required; 10.1 feet from the south side lot line where a 30 -foot setback is normally required; and 29.2 feet from the front lot line where a 50 -foot setback is normally required, subject to the following conditions: I. Council approval is based on the survey and building plans submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans 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 Owner, but are permissive only and must be exercised by obtaining a building permit and commencing construction of the addition. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (September 14, 2016). 3. The owner shall replace any existing vegetative screening along the north and south side lot lines that is damaged or destroyed during the construction process. 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 Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's 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 14th day of September, 2015. ATTEST: _11"D . wt- C �! - �� Y, �_ - EWfine Tieg40tyrk Lih Tod McMillan, ayor Page 4of5 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. This instrument was acknowledged before me this 4day of D n 2015,by Robert L. M. Miller, a single person. RACHELDODGE NOTARY PUBLIC -MINNESOTA J1 !J.%'O JdJ1J✓!✓✓..rl IlJ�frf l R Notary Public Page 5 of 5 51TE PLAN 5URVEY FOR: The Gregory Group d.b.a. RDS ARCHITECTS LOT SURVEYS COMPANY, INC. Established in 1962 Property located in Section LAND SURVEYORS 2, Township 117, Range 23, REGISTBRED UNDER THE LAWS OF STATE OF MINNESOTA Heauatepin County, Minnesota 7601 73rd Avenue North (763) 560.3093 Property Address: 60 Smith Avenue, Orono, MN 55391 Minneapolis, Minnesota 55428 Fax No. 560-3522 §ururq.arz Trrtifirate O A~101F � rnn�9923p � r ` � N. ` `'%+ r + r +\ w t env r r/ 'r \ \ r r\ � � + ♦ \+ \\ 1 tw �\\ \+ ++ \\ V �+ ++ ++ \\ +\` ++ r` ++, `40- \ \ + +\ ++ rrr + + % ++ `+ + \+ r\ �� o \\ ++ \+ +r + r �+ \�+ r, ++ +\+ +++ �� \\ +♦ \\r \\r +++ +++ r\r +♦ +\ .rpno.12755 VIO& � �r \r ,\+ + �\ +♦ +\ ♦r \♦ rr ♦\ r++ \+ r♦ f �d.e \ \ �r rr rr ++ +♦ `r + r0- +\ + _,wafted AID /` rr ♦4&1 5- SOP SIS 926 \ , \ ++ ++ ++ 44. r Benchmark: Top of manhole on centerline of Smith Avenue opposite filo. 66. Elevation = 992,38 fleet ea r— 7- ��ir 4.. i i- ti i it pie M-CEIVED JUL 2 2 2015 tMpdSe! Resolution Existing Hardcover Pru osedHardcover F.B.NO. Residence = 979 sq.ft Residence = 1784 sq.ft W • Garage = 398 sq.ft Driveway = 623 sq.ft Denatee Iron Monument x0000.0 Driveway = 830 sq.ft Deck = 324 sq.ft Deng Proposed El MAM Ducks, walks & stoops = 615 sq.ft Total Hardcover — 2729 sq.ft Dentes Existing Contour Total Hardcover = 2822 sq.ft Area of Parcel = 36677 sq.ft Area of Parcel = 36677 sq.f3 Perceatsge of Hardcover = 7.4% � Percentage of Hardcover = 7.7%5 Basis for -10ed� r -4K55 is % \ r +r +\ +\\ �b�earings \ ` ♦ +\ \ \ \ \ +\ \+ rr ♦r + r \r +\\+ r\ ♦++ `,\ \` '`♦++\++ +\+ `+♦ r\+\ +♦+ ♦ \♦+ +\\ +++ ++\ '154 ,gS�'~'•�"=: Qua♦\ 1. +♦ \♦ ++ \+ \\ \♦ +\+ +♦ ++ ++ \+ �N +\ ++ r\ \ O A~101F � rnn�9923p � r ` � N. ` `'%+ r + r +\ w t env r r/ 'r \ \ r r\ � � + ♦ \+ \\ 1 tw �\\ \+ ++ \\ V �+ ++ ++ \\ +\` ++ r` ++, `40- \ \ + +\ ++ rrr + + % ++ `+ + \+ r\ �� o \\ ++ \+ +r + r �+ \�+ r, ++ +\+ +++ �� \\ +♦ \\r \\r +++ +++ r\r +♦ +\ .rpno.12755 VIO& � �r \r ,\+ + �\ +♦ +\ ♦r \♦ rr ♦\ r++ \+ r♦ f �d.e \ \ �r rr rr ++ +♦ `r + r0- +\ + _,wafted AID /` rr ♦4&1 5- SOP SIS 926 \ , \ ++ ++ ++ 44. r Benchmark: Top of manhole on centerline of Smith Avenue opposite filo. 66. Elevation = 992,38 fleet ea r— 7- ��ir 4.. i i- ti i it pie M-CEIVED JUL 2 2 2015 tMpdSe! Resolution T Rowed xeon erp enc. 12755 Lot 41, Block, ORONO ORCHARDS Hennepin County, Minnesota The only easements shown are from plats of record or irrIbmwtion provided by dent. I certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed lend Surveyor under the taws of the State of Minnesota. Surveyed this 21 st day of July 2015. Signed 01 Gregory ., Minn. Reg. No. 24992 Drawn By .018 ate Name 0o.414bInso5einva4143AM9 Exhibit A INVOICE NO.- F.B.NO. 1050-58 SCALE: 1"z W • Denotes Found kon Monument O Denatee Iron Monument x0000.0 Denotes ExW% El amu QCii0.0 Deng Proposed El MAM Denotes Surface Drainage . Dentes Existing Contour Denotes Propned contour T Rowed xeon erp enc. 12755 Lot 41, Block, ORONO ORCHARDS Hennepin County, Minnesota The only easements shown are from plats of record or irrIbmwtion provided by dent. I certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed lend Surveyor under the taws of the State of Minnesota. Surveyed this 21 st day of July 2015. Signed 01 Gregory ., Minn. Reg. No. 24992 Drawn By .018 ate Name 0o.414bInso5einva4143AM9 Resolution Exhibit B 7 I z ADDITION & REMODELING FOR. THE REPLACEMENT HOUSING a j 60 SMITH AVE. SERVICES CONSORTIUM LLC 6, 5200 WUISON ROAM, SATE 159 �n ORONO, MNEDWA, NN 55424 952-936-2665 a. g wwwou01=40SMVXUCOM g L X C M r C'i N M N C=, rn w a W V NJ M3 ADDITION & REMODELING FOR: . iW THE REPLACEMENT HOUSING IV 60 SMITH AVE. SERVICES CONSORTIUM LLC waai 34° "M VALLSON }wBMA. MN224 � b - SUM 2665 ORONO, MN ww ip+rnousmsmvvm.caom 271 I I �fl IT1TI1!AII71 Lihriti17Lw0D� jLL u, WwuL�.il,lWm:VW 71 1 w � A r, 1 i ii ADDITION & P"ODEUNG FOR: THE REPLACEMENT HOUSING � M" -t® 60 SMITH AVE. "°'��°`�" w Im SERVICES CONSORTIUM LLC waa�aams 520D WaJACN ROAD. 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