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Home My WebLink About#15-3746 Recorded Resolution 652215·37~ 111111111111111 I I II I II Doc No A10243522 Certified, filed and/or recorded on Oct 1, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 1300575M Document Recording Fee $46.00 Document Total $46.00 0 This cover sheet is now a permanent part of the recorded document. {f" I . CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 5 2 2 NO. _________ _ A RESOLUTION GRANTING LOT AREA, LOT WIDTH AND SETBACK VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-420 FILE NO. 15-3746 WHEREAS, James Hillier, a single person, (hereinafter the "Applicant") is the owner of the property located at 1224 Briar Street within the City of Orono (hereinafter "City") and legally described as: Lot 16, and the South half of Lot 17, Block 2, Maxwell's Addition to Crystal Bay (hereinafter "the Property"); and WHEREAS, the Applicant has made application to the City for a variance from Orono City Code Section 78-420 to permit redeve_lopment of a property having substandard area and width which includes setback variances; and WHEREAS, the Applicants have made application to the City for variances from Orono City Code Section 78-420 to permit construction of a new residence on a proeprty having 10,500 square feet (0.24 acres) where 87,120 squarea feet (2.0 acres) is required; and with a width of 75 feet where 200 feet in width is required; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-420 to permit construction a new residence 31.5 feet from the rear lot line where a 50 foot setback is required; 13.2 feet from the south side lot line and 10.3 feet from the north side lot line where 30-foot setbacks are 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 June 15, 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: 1. This application was reviewed as Zoning File #15-37 46. 2. The Property is located in the RR-1 B One Family Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application on June 15, 2015, the Planning Page 1 of5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6522 NO. _________ _ Commission voted 6 in favor and O opposed on a motion to recommend approval variances as requested based on the following findings: a). The Property contains 10,500 square feet in area and has 75-feet in width. b ). The variance to allow construction of a new home the Property which is substandard with respect to area and width will alleviate a practical difficulty inherent to the Property and was not created by the Applicant. c). The Applicant's proposal results in 2,399 square feet of hardcover or 22.8% where 30% is the maximum permitted by code; the proposed structural coverage is conforming at 14% or 1,477 square feet. d). The proposed setbacks for the new home are not out of character with the neighborhood; the front setback will be met. e ). The variance to construct a home on the Property which results in less than 15% structural coverage is in harmony with the general intent and purpose of the Ordinance. f). The variance to permit construction of a new residence in a residential district is consistent with the comprehensive plan. g). The Applicant has provided a survey reflecting the limited building envelope on the Property which is substandard lot area and lot width establishing that there are practical difficulties. h). The Applicant proposes to use the property in a reasonable manner not permitted by the official controls; i). The circumstances unique to the Property were not created by the landowner. j}. The required setbacks result in a legal 15-foot by 40-foot building footprint; a house of that size would be inconsistent with the neighborhood. Further, not granting the variances will alter the essential character of the locality. The proposed home will be consistent with the neighborhood, and will not adversely impact adjacent lakeshore properties. k). The granting of the variances to allow redevelopment of the Property is necessary for the preservation and enjoyment of a substantial property right of the Applicant. Page 2 of5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6522 NO. _________ _ I). The proposal results in a 31.5' rear setback; a 10.3' setback on the north side; and a 13.2' setback on the south side allowing for adequate drainage and open space separation. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. m). The granting of the requested variances will not merely serve as a convenience to the Applicant, but is necessary to alleviate demonstrable difficulty. 4. The City Council considered this application at a meeting on July 13, 2014 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 on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds 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 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 Owners, but is necessary to alleviate a practical 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 on the above findings, City Council of Orono, Minnesota hereby grants a variance from Orono Municipal Zoning Code 78-420 in orde to permit redevelopment of a property having substandard area and width which includes setback variances; variances from Orono City Code Section 78-420 to permit construction of a new residence on a proeprty having 10,500 square feet (0.24 acres) where 87, 120 squarea feet (2.0 acres) is required; and with a width of 75 feet where 200 feet in width is required; and a variance from Orono City Code Section 78-420 to permit construction a new residence 31.5 feet from the rear lot line where a 50 foot setback is required; 13.2 feet from the south side lot line and 10.3 feet from the north side lot line where 30-foot setbacks are required subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attache,d to this Resolution as Exhibits A & B. Any amendments to these plans may require further Planning Commission and City Council review. Page 3 of5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6522 NO. _________ _ 2. Hardcover is proposed at 2,399 square feet or 22.8%, however shall not increase above 3, 150 square feet or 30% as permitted in Tier 2. Any changes to the plans or the Property which result in an increase in hardcover above the existing or allowed levels are not approved as part of this variance request. 3. Authorities granted by this resolution run with the Property not with the Applicant, 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 variances will expire on that date (July 13, 2016). 4. Violation of or non-complicmce 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 Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 13th day of July, 2015. Lili Tod McMillan, Mayor Page 4 of5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6522 NO. ________ _ Pro STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ~ day of ~-.,_, ~D(::>by James Hillier, a single person. RACHEL DODGE NOTARY PUBLIC-MINNESOTA WrJ Commission Expires Jan. 31, 2020 Notary Public Page 5 of5 a< .. ~ :I .D -·-0 .c J&1 <:'JI N LO -.,01 50 E-c ~ J:;r:I ~ E--t U) ~ < t--4 ~ co (952.5) ~ -..................... ......, .L .L .L J . IN LOTS 16 & 1 7, BLOCK 2, MAXWELL'~ HENNEPIN COUNTY, 1N A ,.-. : ,__, I ~--.. I I 0 ....... ~~ It w' '= -------------------------------r--~----· / I ~ J. ; I / ,,212 i I ,.,, .,,(156.1> "'-t ~ q 1 ~ ✓, ~ .• I • C",I I J/1. I 4,., 1,r E. ,.. \ PROPOSED WALL : ,., ················S 89° 18 u ..... ~ '1H} 140.00····--····•i-.. 1 .... / -~\! : ••••• LOT CORNER / _j.. / . l · · ... ,. .. FALLS N ~ ..... •·· --~ __,__ 1l~ii:~~~~t:::I:: . r.;;;... ..l,/4(-.l • tfl -.::::. . ~\ ,f 1 j,,, / d ~~-";i ,--.. : Q / I .;_ -2 Lt~j~~:r~:;~~~~r~~~~1~~~1\ :,m~:~;-g:=~··· JS' -. J 1i~ / trl l() ---:. / " -_J---cr:-~-II\ ... .... '. ~ • ....... w -... 0 I"') ... I / ~/ ,<o (i:T. I ; 2as I a~ PROPOSED -1 (A) HOUSE I u f1224 IAioilosa;I l I ..( (-.. •,. ,,JfY (C) ··-····· .. ····~---2 .. _ /~ -... ... ., _/r························ / / ·--··----··x::: . _..\y/ ~ ! ,,,, ,r,;;-;:I - ~-=- ~~-J --~-__ ; ----/ ;: / I ... / /0 I"') ---/ # ... -q-1 ,'!1· ~ . : 0 • . 0 0 /ir (/) elf WOOD I , FENCE f "tTII . ..•· -o D •••• 0 •• {-..1', ~ ··• ....................... N 89~8' 42'' W FOUhlD SPll<E 0.3····•'"•"'········ 140 cane) / -71 m _:.. QO----·;:::--.:_. ,-.----~----. .. ---I ~ .,/ ,,,,,,, SOUTH OF LOT COit I ..-! ,-i :.-., .., 0 I : = · .. -gm ""J ;a :t: :I .a. "" -·-o.c LO I >C « w '° J ~, I ZK II I! 1 ,, I l!l-LJI I !I I IL l::J!:.::!± !I II·~~ 1 \Hillier Residence Elevations 5-18-15 SCALE: 1/8" = 1'=0" 1570 s.f. footprint RECEIVED NAY 20.ZD15 CITY OF ORONO ~ ' i ! "'D . n DESCN & CJRf¥: tr =r i7 tt~7J,I. : L N, N L.'"> "°' --,_ -C"'"-~-,_ -.r:::---1-- 1 , Hillier Residence Elevations 5-18-15 SCALE: 1/8• = 1'=0° 1570 s.f. footprint m ~ ICL DESGJ & OOPFT m I" .rt N N LO '° J ~ ~ ~ e'!.: ~ 'llil ea ~ m ffl Hillier Residence Elevations 5-18-15 SCALE: 1/8" = 1'=0" 1570 s.f. footprint i83E8l ~ DESGJ&~ ~ T'" ~ N C'J L.,'") '° -- I ffi [ i ! I l [II D 1 ,nillier Residence Elevations 5-18-15 SCALE: 1/8" = 1'=0" 1570 s.f. footprint D DE:9G,J&~ m ~ ~ ~ ·-Jf-· -·----· 22'-0" ~ I, II ... ('.J C'J L.? -...b .. : 0: I : . . ~: 9'-11 1/2" 10'-3 112· 8'-lf' 1ix 7 CMMiiiiiiii-----7~ ~ I I il~l"l~j 1 ~S. S.S. I I - I' I I ~lLJ .u.; ,==;:: ~ I I I J I • aJ I ;..... • 0 ) N kl I I I I ON 411111 UP n. l _l p I' 1'-14•-4• 15'-2· N I 00 .. (0 I 0, N R Cl) I co .. 0 I co I"') J 30• -o· ,i j, ..i/\----1- H i I Ii er Residence Main Level Plan 5-19-15 SCALE: 1;a• = 1'=0" 1570 s.f. footprint & f N, N LO -....0 I b I ;..... \t- i 'N a'-a" IC I I I I I ~ J n . ..w, ~,; 11·-o· • L It ., 'l Hillier Residence Uooer Levet 5-6-15 SCALE: 1 /8° = 1' =o· 1500 s.f. footprint 13'-4" (!) I - 13'-4" L "I b I 'b .... b .... I ~ ~ DE9CN&Cff\CT r ' > • ' I ' I " STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of_!l).e City of Orono, Minnesota, ce1tifies that I compared the foregoing resolution adopted at tt,i~,-in~~tihg of the Orono City Council on July 13, 2015 with the original thereof on file i1{~:9.;offic~, and the same is a con-ect transcription thereof. • ::.:t:-:,:-:·:· · -·.-.-., . -~/·\~ :_-_'_i .1:'!:'t/">. ' ,, WITNESS my hand officially as such City Clerk and th~:c~:t>ot~t~ ~~al of-(bei~if~this 15thdayofSeptember,2015. ._;=;.c :.-· .::,· 1;/'·.-·./·-,"·.?:.\. · •~i u_~ -:, ,_: · '-'>.;>) ·; o ~'. -, 1/ ' ·, . 1 •• •. :,,.: I '. ' U ; ·.,. • :,t :·•.-; .:..: ., \\ • .• l 9 • :' · I) -... ;: ;~ -:,,::?~'•. • iane T1eg·s,i G1ty,,elert, 1 • .,,· s:;:·:.::,r.:;,; ', :<: ,::'.}iL~\c;'~;;}'' . ';\'_· ·: .:,·•i_t. ···c·