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Home My WebLink About#17-3980 Recorded Resolution 6820~ p,i·1 /~lav1cl Ill II 111111111111111 II Doc No A10512663 Certified, filed and/or recorded on Dec 19, 2017 11 :42 AM Office of the County Recorder Hennepin County , Minnesota Martin McCormick, County Recorder Mark Chapin , County Auditor and Treasurer Deputy 92 Pkg ID 1637137E Document Recording Fee $46 .00 Document Total $46 .00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 8 2 0 NO . _______ _ A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-570 & 78-1438 FILE NO. 17-3980 WHEREAS, Shawn Wischmeier and Kelly Wischmeier, a married couple (hereinafter the "Applicants"), are the owners of the property located at 540 Big Island and legally described as : Lots 1 to 1 O inclusive including the adjoining vacated Elm Street and Maple Place, also including the adjoining half of vacated Linden Street, all in Kate B. Plummer's Subdivision of Lot 2, Kitchel's Subdivision of Government Lots 5 & 6, Section 22, Township 117 N, Range 23 W., Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on September 20, 2017, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-570(5) and 78-1438 to allow construction of a detached accessory building (hereinafter the "Garage") 6.7 feet from the principal structure where a 1 o~toot separation is required; and WHEREAS, on November 20, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on November 20, 2017, the Planning Commission recommended approval of the variances; and WHEREAS, on December 11, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3980. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above SCA C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 8 2 0 NO. ________ _ mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RS Seasonal Recreational Zoning District. 3. The Property contains 3.2 acres in area and has a defined lot width in excess of 300 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Building to Building Separation Variances 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... " The construction of the Garage on the residential property is consistent with the intent of the ordinance . 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan ." The variances permitting the construction of the Garage with less than a 10 foot separation from the home in a residential zone are consistent with the Comprehensive Plan. Locating the Garage further and downslope from the home will result in more tree removal and greater visibility of the Garage from the lake which is inconsistent with the City's goals for a natural looking lakeshore and the appearance of open space. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls . The request to permit construction of the Garage within the 10 foot separation between buildings appears to be reasonable as the size of the Garage footprint is 300 square feet and the resulting effect of the mass relating to the size of the 2 CAf (\ ·co I L-l C ITY OF O R ONO RESOLUTION OF THE CITY COUNCIL 6 8 2 0 NO. ________ _ Property is minimal. The adjacent properties will not be adversely impacted, and the location of the Garage is marginally visible from the lake. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the Garage was chosen due to the ability to limit visible impact from the lake, and while it could have been constructed in a conforming location; excessive development evident when viewed from the lake is not consistent with the comprehensive plan . This criterion is met. c. The variance, if granted, will not alter the essential character of the locality." It is unlikely the location of the Garage in the existing location will alter the character of the locality. This criterion is met. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination . 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems . Variances shall be granted for earth-sheltered construction as defined in Minn . Stat.§ 216C .06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as a 300 square foot detached accessory building is an allowed use in the RS District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable . 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The home is situated on the top of the hill on the Property . The grade drops in all directions away from the home . The Garage would likely be more visible from the lake if it were to be constructed to conform based on the topography . This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The specific topographic site conditions on the Property no not apply to other adjacent properties. This criterion is met. 3 D C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 8 2 0 N O.--------- 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The owners have ample area to construct a conforming accessory building, meeting the 10 foot separation, demonstrating reasonable use. This criterion is not met. 11 . "The granting of the proposed variance will not in any way impair health , safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The Garage, although could be constructed in a conforming location the proposed var iances are proposed to avoid increased visibility of the building from the lake which protects against the appearance of uncharacteristic bulk and mass. This criterion is met. 12 . "The granting of such variance will not merely serve as a convenience to the applicant , but is necessary to alleviate demonstrable difficulty ." The requested variance allows preservation of the natural treed view of the Property from the lake and would not be for the sole convenience of the Applicants . This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants after- the-fact variances to Orono Municipal Zoning Code Sections 78-570(5) and 78-1438 to allow construction of a Garage 6.7 feet from the principal structure where a 10-foot separation is required ; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. Council approval is based on the survey dated 11/01/17 by Gronberg and Associates and the building plan sketches submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 3. Approval of the variances is conditioned upon submittal of a complete after-the-fact building permit application including plans and specifications to demonstrate compliance with the applicable Building Construction and Fire Codes, as well as a double after-the- fact permit fee within 90 days from variance approval (March 11, 2018). 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4 .~· t', 1[0 CITY OF ORONO RESOLUTION OF TIIB CITY COUNCIL 6 8 2 0 NO . _______ _ 5. 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 (December 11, 2018). 6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of December, 2017. a::u Anna Carlson, City Clerk CITY OF ORONO: ~. Dennis Walsh, Mayor 5 .\ \ 6 8 2 0 Resol. No GRONBERG & ASSOCIATES, INC. h'··,,ltJ~l-ll--CML tNGti,t!fftl, LJlND.IUI\V!YOft&,IAND "1-A~Elllt ~ N. WILLOW DRIVE LONG LAKE:, MN 55S5G PHOM!!: D62-t7U141 FAX, 9S1-t73-C.SO /\~INED \ 6 8 2 0 Resol. No_ \~ Exhibit B #17-3980 \\ ¥ --·- l I 1 r ·······---I ~-\ ~ 1 ! '1 . I . I -I ~ "" I .., ., i 8 l"' t ~ ~ t -~ ··--~ -- ,. ' SCANNED 6 8 2 O ST A TE 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 December 11, 2017 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 11th day of December, 2017 . (seal) ED