Loading...
HomeMy WebLinkAboutLA18-000067 (1212 Briar St) VAR Exhibit A Draft Resolution CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1405, 78-1435, 78-1511 FILE NO. LA18-000067 WHEREAS, on July 29, 2018, Kevan Nitzberg (“Applicant”), applied for a variance from the City Code for the property addressed 1212 Briar Street and legally described as: Lot 18, and the North Half of Lot 17, Block 2, MAXWELL' S ADDITION TO CRYSTAL BAY (hereinafter the “Property”); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1405 to allow a 5 foot side yard setback and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1435 to allow an accessory structure to be forward of the principle structure and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1511 to allow a 20 foot front yard setback and WHEREAS, on August 20, 2018, after published and mailed notice in accordance with 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 August 20, 2018, the Planning Commission recommended approval of the variances; and WHEREAS, on September 10, 2018, 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 variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 1. This application was reviewed as Zoning File # LA18-000067. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1B Zoning District. 3. The Property contains 0.24 acres in area and has a defined lot width of 75 feet. 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Side yard setback b. Accessory structure forward of the principle structure c. Front setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and 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. ANALYSIS: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . .” The proposed single detached garage is in harmony with the intent of the City Code. The proposed location on a substandard lot forward of the principle home and located in the front and side setbacks should not impede sightlines or change of character of the neighborhood, which follows the general intent of the ordinance. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” Adding a detached single car garage as an accessory structure where no garage is located on the property is consistent with the comprehensive plan. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 Currently the property does not have any garage space, adding a single car garage in the proposed location on a substandard lot is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot is substandard in area and width to the zoning district limiting the buildable area on the site c. The variance, if granted, will not alter the essential character of the locality.” The neighborhood has many substandard lots with structures places within the setbacks of the zoning district. Adding a single stall garage to this property will not alter the character of the neighborhood. 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 the use for a detached garage is an allowed use in the RR-1B 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.” Most of the properties in the area already have garages, this property is unique with no current garage structure and the substandard lot and limited building envelope. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The applicant believed this to be true. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The applicant has explained this to be true to use a detach garage is necessary to the use and safety of the property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 proposed location on a substandard lot should not impede sightlines or change of character of the neighborhood. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The applicant has stated this to be true. 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 Section 781405, 78-1435, 78-1511 to allow a detached garage in the required side yard and front yard as well as forward of the principle structure on the property, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated July 16, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 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 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 (September 10, 2019). 5. 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 ______ day of ________________, 20__. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Anna Carlson, City Clerk Dennis Walsh, Mayor From:KEVAN NITZBERG Owner To:Laura Oakden Subject:Re: Information needed for Variance Request Date:Thursday, July 26, 2018 11:10:20 PM Hi Laura, Here are the proposed neasurements: Eaves = 12" Slope = 22.5 degrees Peak = 12' Thanks, Kevan ----- Original Message ----- From: Laura Oakden <loakden@ci.orono.mn.us> To: knitzberg999@centurylink.net Sent: Thu, 26 Jul 2018 09:28:14 -0400 (EDT) Subject: Information needed for Variance Request Hello Kevin, I am working with Melanie and I will be handling your variance application for your detached garage. I am looking for a little bit more information for you application. I have attached a letter that outlines all the items that I need. Please feel free to give me a call. I would be happy to answer any questions. Thank you Laura Oakden Planner City of Orono Direct 952.249.4602 2750 Kelley Parkway, Orono, MN 55356 www.ci.orono.mn.us<http://www.ci.orono.mn.us/> Summer Office Hours: Monday-Thursday: 7:30 am to 5:00 pm Fridays: 7:30 am to 11:30 am All Permitting is done through our new online portal LINK<https://www2.citizenserve.com/orono>!