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Home My WebLink AboutResolution 5343 � � , � ` O� � • O � O S C ITY of ORONO � -- : � ti ti RESOLUTION OF THE CITY COUNCIL ��`9 pg'�G NO. � c� � � k'ESI; A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1434 AND 78-1435 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-418(16) FILE NO. OS-3111 WHEREAS,Randall J. Hogan and Sara G. Hogan, husba,nd and wife(hereuiafter "the applicants"),represented by Water Street Homes, are the owners of the property located at 2260 Fox Street within the City of Orono (hereinafter"the City") and legally described as follows: • Lot 1, Block 1, and Outlot A,BILL KELLEY'S LAND THIRD DIVISION, Hennepin County, Miilnesota(hereinafter"the property"); (also identified as P]NS 03-117-23 32 0019 and 03-117-23 32 0021); and WHEREAS, the applicants have submitted an application requesting a variance to Municipal Zoning Code Section 78-1434 to permit the construction of an Oversize Accessory Structure(OAS)with a footprint of approximately 3,310 s.f.on a property where the maximum OAS footprint allowed is 1,200 s.f.; and WHEREAS, the applicants have subnlitted an application requesting a variance to Municipal Zoning Code Section 78-1435 to permit the above mentioned OAS to be located nearer the front or street lot line than the principal residence structure on the property, where no accessory structures are normally allowed; and WHEREAS, the applicants have requested a conditional use permit per Municipal Zoning Code Section 78-418(16)to allow the installation ofplumbing to include a toilet and lavatory within the accessory structure; and WHEREAS, after due published notice and mailed notice in accordance with' • Minnesota Statutes and the City of Orono Zoning and Plaruiing Codes, the Orono Planning Commission held a public hearing on May 16, 2005, at which times all persons desirin�to be heard conceming this application were given the opportunity to speak thereon. Page 1 of 7 � . � °� � � o � � 1 C ITY of ORONO � � ,, . � RESOLUTION OF THE CITY COUNCIL ��l ��'~ , ' `4kES�IOg' NO. � � � ¢� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: , FINDINGS 1. This application was reviewed as Zoning File#OS-3111. 2. The property is located in the RR-1B Rural Residential Zoning District requiring a minimum lot area of 2.0 acres and a minimum lot width of 200 feet for residential development.The property is approximately 3.87 acres in gross area,2.7 acres in dry buildable area and approximately 365 feet in defined width. The property owned in common also includes Outlot A which comprises approximately 1.11 acres of which approximately 0.9 acres is non-wetland. • 3. The Planning Commission reviewed the variance and conditional use permit application at a public hearing held on May 16, 2005. The Planning Commission subsequently recommended approval of the requested variances and conditional use permit on a vote of 4-2 based on the following findings, hardships and conclusions: a) Factors that resulted in the proposed location for this accessory building and that constitute hardships or unique site characteristics include the location of the septic system drainfield sites and a delineated non-Orono wetland in the NE quadrant of the site; the location of the wetland on the westerly and southerly borders of the site;the location of the existing driveway for vehicle accessibility related to the proposed use of the OAS; the location of the house near the rear lot line and the pool north of the house; and the size of the accessory structure in excess of 1000 s.f. requiring it to meet the principal structure setback of 50' from the rear lot line, and the lack of available space meeting the required 50' setback between the house&driveway and the rear lot line. b) The nearest residence with a view of the proposed OAS is approximately 300 feet directly south,on a north-facing slope. However,the existing vegetation and orientation of that neighboring residence result in the proposed building having minimal if any view impacts to the most affected neighbor. Because • � the OAS is proposed to be constructed partially below grade, the visual impacts of a large structure will be decreased. Page 2 of 7 � � °� • � �. � S C ITY of ORONO � - - - � � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESS�4�G NO. ) � � � (c) Slightly more than half of the proposed OAS footprint will be constructed below grade,with the portions that rise above grade high enough to be defined as a `story' comprising approximately 1,400 s.f. This low profile in a south- facing slope will result in a reduced degree of visual impact as compared to an OAS of 3,300 s.f. footprint constructed completely above grade. (d) The size of the proposed OAS is related to the needs of the property owner for his non-commercial vehicle storage needs. However,the size of the OAS may be attractive to future owners who would attempt to use the OAS for business or commercial activity,which would be inappropriate and not allowed in the this residential neighborhood. Therefore,it would be appropniate to establish covenants that prohibit the future commercial use of this OAS. • (e) A half-bath with toilet and sink proposed on the main level of the structure are for convenience due to the distance between the OAS and the principal residence structure, and will not provide the potential for occupancy of the OAS as a separate dwelling unit. This half-bath will most likely be connected to the existing main residence septic system rather than use a holding tank. A CUP for this minimal level of plumbing is not expected to result in use of the site incompatible with the single-family dwelling nature of the neighborhood, and is not inappropriate if subj ect to the standard covenant limitations required by code. , 4. The City Council finds that the land area within or permanently associated with the properiy that is not includable toward the lot area calculation for Oversize Accessory Structure purposes, still acts as open space that mitigates the visual impacts of the oversize structure, and that the inability to include that area acts as a hardship to the property. If the total area of the lot and outlot including wetland is used, the lot at 4.985 acres would allow a 2,000 s.f footprint for an individual OAS. In order to support the size structure proposed, Lot 1, Block 1 and Outlot A should continue to remain in common ownership as long as the OAS exists on the property. , 5. The City Council finds that because the applicant's site plan locates the proposed structure less than 26' from a delineated wetland on the property,the structure should be relocated or slightly re-designed to avoid any encroachment or land alteration • within 26' of the wetland. Page 3 of 7 ' . � °� • � ° - �� C ITY of ORONO z � � � � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESII�4�G NO." �D � � � 6. 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 variances and conditional use permit on the health, safety and welfare of the community. 7. The City Council fincls 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 variances and conditional use permit 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 demonstrable hardship or 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 upoii one or more of the above findings,the Orono City Council hereby grants a variance to Municipal Zoning Code Section 78-1434 to permit the construction of an Oversize Accessory Stnicture (OAS) with a footprint of approximately 3,310 s.f. on a property where the maximum OAS footprint allowed is 1,200 s.f.; and grants a variance to Municipal Zoning Code Section 78-1435 to permit the above mentioned OAS to be located nearer the front or street lot line than the principal residence structure on the property, where no accessory structures are normally allowed; and grants a conditional use permit per Municipal Zoning Code Section 78-418(16)to allow the installation of plumbing to include a toilet and lavatory within the accessory structure, subject to the following conditions: • . Page 4 of 7 . . o,�,. . . � • o �: ° , � C ITY of ORONO � - ; � � ti ti RESOLUTION OF THE CITY COUNCIL - ��kESYiOg'�G NO. � � � � 1. Council approval is based on the site plan and building elevations submitted by the applicants and attached to this resolution as Exhibit A.Any ainendments to the site plan which are not in conformity with City codes, and any revisions to building plans which would significantly alter the character or visual impacts of the OAS from that of the attached plans,will require further Planning Commission and City Council review. 2. Applicants shall execute the standard "City of Orono Covenant for Limited Wastewater Plumbing In An Accessory Building"prior to issuance of a building permit. 3. Applicants shall execute the standard "City of Orono Covenant for Oversized Accessory Structure"modified to additionally include provisions to permanentlyprohibit all commercial use of the OAS, and which shall require that Outlot A shall-remain in common ownership with Lot 1, Block 1, as long as the OAS shall exist on the properly, prior to issuance of a • building permit. 4. 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 perrnit within one year of the date of Council approval, or the variance and conditional use permit approval will expire on that date (June 27, 2006). 5. 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. • 6. The undersigned applicants have read, understood 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. • - Page 5 of 7 _ . o.�,. � • o �. ° � C ITY of ORONO � � . n � ti RESOLUTION OF THE CITY COUNCIL ��kESI3�g'�G NO. � � � � . Adopted by tlie Orono City Council on this 27th day of June, 2005. � ATTEST: �� ,� �/� , , Linda S. Vee, City Clerk Barbara A. Peterson, May•r � roperty Owner(s) • STATE OF MINNESOTA � COUNTY OF HENNEPIN The�foregoing instrument was acknowledged before me on this�� day of 1�vr�_ ,2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota muiiicipal corporation and said instrument was executed on behalf of the City. . KRISTI B.ANDERSOPJ A'�- ��. � NOTARYPUBLIC-MINNESOTA NotaryPublic �:,,�+:� My Commission�Zpires Jan.31,2007 STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instruinent was acknowledged before me on this?day of ,2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . • p� RACHEL DODGE �6�-�e-- �U �'X`— f NOTARY PUBLIC-MINNESOTA Notary Public ' ^,;:;� �?•�"�mm!ssion Expires Jan.31,2010 ..�:_:�:__��:�. Page 6 of 7 - , o.�,. � � o �. o � CITY of ORON4 a - : � , ti ti RESOLUTION OF THE CITY COUNCIL �L`gkESl��g'�G NO. � � � � . STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was aclaiowledged before me tlus � day of � ,2005 . by Randall J. Hogan, husband of Sara G. Hogan. r i . DENISE M. LESKINEPJ ,� _ i NOTARY PUBLIC-MINNESOTA `•;;,,;:s Y My Commission Expires Jan.31,2010 � �- Notary Public • STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me tlus `��day of ,2005 by Sara G. Hogan,wife of Randall J. Hogan. � RACHEL DODGE �?t,' ' ,� NOTARY PUBLIC-MINNESOTA � ��'�''� �� •.;H;. My Commission Expires Jan.31,2010 �!' Notary Public T^ .:-:: • Page 7 of 7 � . �� / E k {„ ,:° z'�= ,i, i , � � t '� . 3 ��''•. � _ <�� '�� ..\\ � � L` \ .., � _ � ,� '� j�j t�`� �� s-/'��d1iL � ��'� �i l �' ?` �M � � �� / � �%�\ � � y �� '�``� ,��,�,��. .�[;, Dd "'p} �...,�.,�'��?' �'� __f+�r� � . �,,,A�r� ,._,.�� g ��a-��'��, .,M.., A��3i•y � � �� _ �y. � �4s� _.. �.. . .,il']� '�s\`�Y�'?��T-�rk+�Y,)f`tt;�_' �� .,�i.� .aSnF'' r�yr7i �,I..� �I ..�t=�1� �"�� ~.. 7'.ri.. :'��" ��J'�� '��—_'`��• 'r {{ ;� I� ��Yl�� ., ,---,�.�.y �",`^�.��''. . - .�`q+ � i"�'� J,�'� ia /� �— F9��i: �`II� '1 � 6�i i� �2 ��.�"{ �, .� �`..' � � :.a..;K�'�° �. 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