HomeMy WebLinkAboutPC information 7-18-05CITY OF ORONO ZONING FILE: 05-3137
2750 Kelley Parkway
P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION
Crystal Bay, MN 55323
(952) 249-4600 DATE OF NOTICE: July 19, 2005
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TO: Robert & Victoria Jaffray COPIES:
540 Barrett Avenue
Wayzata, MN 55391
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TYPE OF APPLICATION: Front Yard Setback Variance
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DATE OF MEETING: July 18, 2005
Planning Commission recommended as follows:
To approve a front yard setback variance at 23' as requested.
VOTE: 7 FOR 0 AGAINST
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Applicant's next scheduled meeting is confirmed as:
City Council — Monday, July 25, 2005; meeting starts at 7:00 p.m.
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If you desire certified copies of the official Planning Commission or Council minutes,
they are available from the City Recorder after review and approval by the Planning
Commission or Council. If you have questions, please call City Planner Janice Gundlach
at 952-249-4623.
#05-3137
July 18, 2005
Page 1 of 3
Date Application Received: 6-22-05
Date Application Considered as Complete: 7-6-05
60-Day Review Period Expires: 9-4-05
To: Chair Rahn and Planning Commission Members
Ron Moorse, City Administrator
From: Janice Gundlach, City Planner
Date: July 13, 2005
Subject: 05-3137, Robert & Victoria Jaffray, 540 Barrett Avenue, Front Yard
Setback Variance, Public Hearing
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Zoning District: RR —1B, One Family Rural Residential District (2 acre min.)
Lot Area: 0.45 acres (19,422 s.£)
Lot Width: 150 feet (200' required)
Application Summary: Applicant requests the following variance in order to construct a
garage addition onto the existing home including a screen porch above the easterly 20' x
15.5' of the addition:
1. Front yard setback variance to permit a front yard setback of 23' where 50' is
normally required, 23' currently exists, and 25' was previously approved.
Staff Recommendation: Staff recommends approval of a front yard setback variance that
would maintain a 25' setback from Barrett Avenue, which would require that applicant
revised the proposed plans shifting the addition 2' to the east.
Pertinent Zoning Ordinance Sections
Sec. 78-420. Area, height, lot width and yard requirements.
(b) Lots. The following minimum requirements shall be observed:
Lot Area (acres)
Lot Width (feet)
Front Yard (feet)
Side Yard (feet)
Side Yard Adjacent to
Street (feet)
Rear Yard (feet)
2
1200
1 50
1 30
50
150
(code i 984, § 10.28(5))
List of Exhibits
Exhibit A — Applications
Exhibit B — Hardship Documentation Form
Exhibit C — Full Site Survey
Exhibit D — Existing & Proposed Survey
Exhibit E — Proposed Floor Plans
Exhibit F — Proposed Elevation Views
Exhibit G — Photographs
Exhibit H — Aerial Photograph
Exhibit I — Illustration Showing 25' Setback
Exhibit J — Property Owners List
Exhibit K — Plat Map
#05-3137
July18,2005
Page 2 of
Background
This property has received variances in 1992 and 1999 to allow an addition (1992) and
dormers (1999) at a 25' setback when 50' is normally required. The applicant has met
with staff to discuss his desire to construct additions to the home that would allow a more
usable garage to accommodate mid -sized vehicles and also to achieve a screened porch.
Staff has directed to applicant to pursue a design that would not encroach any further than
the existing front yard setback, based on the two previously approved variance requests.
Staff has discovered, however that the previously approved 1992 and 1999 variances
found the setback to be 25' from Barrett Avenue and the survey submitted with this
request shows a 23' setback from Barrett Avenue at the most northwestern point. Staff
concludes that the previously approved variances did not take into consideration that the
house does not sit square on the lot, rather angled north — northwest or the addition was
constructed at the 23' setback accidentally. Whatever the case, the actual setback
requested is 23' when 23' currently exists and 25' was previously approved.
LOT ANALYSIS WORKSHEET
Lot Area/Width
RR-111
Lot Area
Lot Width
Required
87,120 s.f. (2.0 acres)
200'
Actual
19,422 s.f. (0.45 acres)
150'
Setbacks
RR —1B
Required
Existing
Proposed
Front
50'
23'
23'
Rear
50'
79'
58'
Left Side (north)
30'
49'
44'
Right Side (south)
30'
58'
No further
encroachment
Structural Coverage
Total Lot Area
Total Structural Coverage
19,422 s.f. (0.45 acres)
Allowed: 2,913 s.f. (15%)
Proposed: 1,790 s.f. (9.2%)
Front Yard Setback Variance
The applicant has proposed a 5' addition to the existing tuck -under style garage to allow
more length to the existing two stalls and also a 20' x 15.5' tuck -under garage addition to
#05-3137
July 18, 2005
Page 3 of 3
the east of the existing garage with a screen porch above. Both the existing and proposed
garages are and will be accessed from the north.
The applicant is also proposing a 6.5' x 10.5' screened entry way on the east side of the
home, which also doesn't meet a 50' front yard setback but is located on the opposite side
of the house.
The existing shed located in the northeastern corner will be removed.
Hardship Statement
Applicant has provided a brief hardship statement in Exhibit B, and should be asked for
additional testimony regarding the application.
In considering applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of
property in the surrounding area The Planning Commission shall consider recommending approval
for variances from the literal provisions of the Zoning Code in instances where their strict
enforcement would cause undue hardship because of circumstances unique to the individual
property under consideration, and shall recommend approval only when it is demonstrated that such
actions will be in keeping with the spirit and intent of the Orono Zoning Code.
Staff finds that the placement of the existing house from the front lot line and topography
calling for a tuck -under style garage creates a hardship to warrant approval of a front yard
setback. However, the applicant should be held to the 25' setback previously approved as
the proposed plans can be shifted 2' to the east without changing the design. This would
be a consistent recommendation based on similar applications where homes do not site
exactly parallel to the lot line. Because the garage portion of the addition doesn't start
until 4.5' in, the need to lengthen the existing garage will not be impacted (see Exhibit H
& I).
The Planning Commission may however, discuss the fact that the previously approved
variance at 25' doesn't exist today as the setback was either measured wrong with the
previous application or this part of the home was constructed whereby not meeting a 25'
setback. Technically, the applicant is getting only a tenth or so of a foot closer to Barrett
Avenue.
Issues for Consideration
1. Should the addition be moved 2' to the east to maintain the previously approved 25'
setback even though the existing setback is 23'?
2. Are there any other issues or concerns with this application?
Staff Recommendation
Staff recommends approval of a front yard setback variance that would maintain a 25'
setback from Barrett Avenue, which would require that applicant revised the proposed
plans shifting the addition 2' to the east.
City of Orono
Variance Application
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Main: 952-249-4600
fax: 952-249-4616
Mailing Address:
P.O. Box 66
Crystal Bay, MN 5532 0066
Application* 05 -313 7
Date Received:
Amount Paid: I oOO , pa
Staff: `Tc�-(�iCRi
Fee: $600
Renewal: $300
After -the -fact: $1,200 Double Fee
This application form must be completed in full. Appicant will be notified within 15 days as to the status of the
application. Incomplete applications will not be placed on Planning Commission Agendas.
PROPERTY INFORMATION:
Site Address: 54-Cc> 6Ae-t2L77- !j vc- r'kw 5s39/
Property Identification Number (PIN): cam- //7 - 2,3- 3/ - UO`(C.
(Attach legal description to application if not Included on the survey.)
Date Property Acquired (month/year): s gg E3 Yes, I own the adjacent parcels.
Present use of property: Residential ❑ Other
Zoning District: R K - I /, j
APPLICANT INFORMATION
Name: Rn6f--�T IF.
Phone (home): 952- Y?
Address: S`to Bea T
Email: i2T T �a iq
OWNER INFORMATION:
Name: 5>.Tl .e_
Phone (home):
Address:
Email:
(Complete legal nar-es and marital status required for each interested party)
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`152 - tf 95-- 2 7
Fax: Gi�2
(Complete legal names a-d marital status required for each interested party)
Phone
DESCRIPTION OF REQUEST: Estimated Project Cost:
Describe the request in detail (attach additional sheets if necessary): R .t 2
-5, %��se a-cece+ h;-, te-e 50 ° .D lea p 9L u-� A . _ . ._JI
- �9XfiCY t l
$ 8a, oeo
REQUIRED SUBMITTALS:
All of the following information must be submitted by the application deadline date in order for your
application to be processed.
0— Pre -Application Meeting Form, completed by a City Planner.
L� Completed Application Form
Completed Hardship Documentation Form
Certified Property Owners List — owners within 150' of the subject property, labels and plat map.
List, labels and map may be obtained from Hennepin County Department of Finance,
z Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612-348-5910
12 Original Certificate of Survey (signed by a licensed surveyor), meeting all the requirements
listed within this packet, including hardcover calculations. Also provide one copy 8.5" x I V or
11" x 17" for reproduction.
❑ Completed hardcover calculation worksheets (as provided within the variance packet).
❑ Topographic survey — including existing and proposed elevations. Provide one copy 8.5" x 11"
or I V x 17" for reproduction.
0� Sketches or plans of floor and elevation views (provide one copy 8.5" x 11" or 11" x 17").
❑ Additional items may be requested by City Staff depending on the scope of the project. "
APPLICANT'S ACKNOWLEDGEMENT:
The applicant hereby agrees to provide all information required or requested by the Planning
Department, agrees to pay additional fees (staff time not covered in the original fee payment) and/or
consultant expenses incurred in review of this application and certifies that the information supplied is
true and correct to the best of his/her knowledge. The applicant recognizes that he/she is solely
responsible for submitting a complete application being aware that upon failure to do so, the
staff has no alternative but to reject it until it is complete or to recommend the request for
denial of the request regardless of its potential merit.
Applicant's Signature: -(—a Date:
Applicant's Signature: Date:
OWNER'S ACKNOWLEDGEMENT:
The owner hereby acknowledges and agrees to this application and further authorizes reasonable
entry onto the property by City Staff, consultants, agents, Commission & Council Members for
purposes of investigation and verification of this request.
n
Owner's Signature: ���� 1 .'Z Date:
Owner's Signature: 4 9 ! yy, = r Date:
4 f�
Applicant must have all submittals into the City offices 25 days before the Planning Commission
Meeting. Planning Commission Meetings are normally held on the third Monday of each month.
Applicants must be present at all scheduled review meetings of the Planning Commission and
Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to
have an authorized representative attend in place of the applicant and advise the City Planner
assigned to your project.
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City of Orono
Pre -Application Meeting Form
(This form is to be completed by a City Planner during your pre -application meeting.*
Street Address: Mailing Address: For Office Use Only:
2750 Kelley Parkway P.O. Box 66 City Planner: JfdiNE
Orono, MN 55356 Crystal Bay, MN 55323-0066 Meeting Date//0 AN
Main: 952-249-4600 PC Date:
Fax: 952-249-4616
What is the purpose of a pre -application meeting?
Pre -application meetings aid the applicant in preparing a complete proposal, inform them of the
procedures and requirements of the city code, and identify policies or regulations that create
opportunities or problems for the proposal.
PROPERTY INFORMATION:
Site Address: cWl) Ai
Property Identification Number (PIN): 0$-/I%-Z3--31-00gb
Zoning District: kP -/.8 Size of Property: ti /q, SDD s.f
DESCRIPTION OF REQUEST:
❑ Average Setback ❑ Side Yard Setback ❑ Rear Yard Setback WFront Yard Setback
❑ Hardcover ❑ Lot Coverage ❑ Lot Area I -]Lot Width
❑ Other: IeP"0 1 ZS' WOr h,6pt SlS refui,rC.d( Z ' /(/Y✓Li2#lt1
f4lC4c — /?/l nd61v Co4,hoeL c 11101 17P mo,4
Applicant's HARDSHIP: Applicant has received the Hardship Documentation Form,
Initials:_ understands it as it has been explained to them, and is aware that it must
be completed and submitted in conjunction with their formal variance
application.
OTHER INFORMATION:
*Please note: Your variance application will NOT be accepted without a pre -application
meeting during which this form will be completed by City staff.
Applicant Signature: 21,'z �! • Date: 1e—
Page J of 3
HARDSHIP DOCUMENTATION FORM
IThis form is a required submittal for ALL variance applications. An application I
will not be considered complete or placed on any meeting agendas until this form is. complete and submitted to the City, --_
Minnesota State Statue Section 394.27, ubdivision 7 requires that a hardship be
demonstrated in order for a variance to be ranted. The hardship must be unique to the
property as variances run with the f and not the land owner. Personal and economic
situations are not considered valid hardships. In order for an application to be heard by
the Planning Commission and City Council a hardship having merit must be
demonstrated.
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HOW DO I PROVE A HARDSHIP?
This form has 12 points outlining the basis City staff uses to determine if a hardship
exists and how the variance will affect the surrounding community. To prove a hardship,
address all the relevant points listed below and answer them as clearly as possible.
Since you are requesting the code exception, you have the burden of proving that the
variance is justified. The information the City receives is what is used in determining a
denial or approval recommendation. If you leave something out it will not be considered.
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Please address each of these hardship criteria as they relate to the request (some may
not apply):
1. "The property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls."
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2. "The plight of the landowner is due to circumstances unique to his property not
created by the landff wner."
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3. "The variance, if granted, will not alter the essential character of the locality."
4. / "Economic considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the Zoning Chapter."
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Page 2 of 3
"Undue hardship also includes, but is not limited to, inadequate access to direct
sunlight for solar energy systems. Variances shall be granted for earth sheltered
construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in
harmony with this Chapter."
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"The Board of Appeals and Adjustments or the Council may not permit as a
variance any use that is not permitted under this Chapter for property in the zone
whe the affected person's land is located."
"The Board or Council may permit as a variance the temporary use of a
one -family dwelling as a two-family dwelling."
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"The special conditions applying to the structure or land in question are peculiar
to such property or immediately adjoining property."
"The conditions do not apply generally to other land or structures in the district in
which said land is located."
10. "The granting of the application is necessary for the preservation and enjoyment
of a substantial property right of the applicant."
11. "The granting of the proposed variance will notinany way impair health, safety,
comfort, morals, or in any other respect be contrary to the intent of the Zoning
Code."
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Page 3 of 3
12. "The granting of such variance will not merely serve as a convenience to the
applicant, but is necessary to alleviate demonstrable hardship or difficulty.,,
Hardship Statement
Should you feel the hardship cannot fully be described in the above criteria, describe the
unique hardship, practical difficulty or unusual property conditions preventing compliance
with Zoning Ordinance requirements in the following lines (attach additional sheets if
necessary):
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7 Parc6l Informe§on
Pairce0 ID 0211723310022
Howse Number 540
Street Name BARRETT AVE
This is not a legally recorded map. It represents a compilation of information
and data from City, County, and State road authorities and other sources.