HomeMy WebLinkAbout16-3851 ExB RESOLCouncil
Exhibit B
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1434 & 78-1438
FILE NO. 16-3851
WHEREAS, Peter Marcus Bluth and NeK Marie Bluth, a married couple
(hereinafter the "Applicants"), are the owners of the property bcated at 2413 Carman Street and
legally described as:
Lots 1, 2, and 3, Block 2, NAVARRE, according to the recorded plat thereof,
Hennepin County, Minnesota (hereinafter the "Property');
WHEREAS, on July 17, 2016 the Applicants have made application to the City of
Orono for variances to Orono Municipal Zoning Code Section 78-1434 to allow a second story
addition to the existing garage less than 30-feet from ;he sand rear lot lines, and
WHEREAS, the existing game is considered an oversize accessory structure
(OAS); and
WHEREAS, on July 17, 20"16 the Applicants have Trade application to the City of
Orono for a variance to Orono Municipal Zoning Cade Section 78-1438 to allow construction of
an addition to the home 9 feet from the existing garage when a 10-foot separation is required;
and
WHEREAS, on August 15, 2016, after published and mailed notice in accordance
with Minnesota Statutes and. the City
C, the Planning Commission held a public hearing, at
which three all persons desiring to be heard concerning this application were given the opportunity
to speak _hereon; and
WHEREAS, on August 15, 2016, the Planning Commission recommended
approval of the variances; and
WHEREAS,. on August 22, 2106, the City Council reviewed the application and the
recommendations of 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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
I�Cf�
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #16-3851.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 LR-1 C Zoning District.
3. The Property contains 0.48 acres in area and has a defined lot width of 140 feet.
4. The Property is within Tier 2 and hardcover is limited to 30% aoc crding to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variancels].
a. OAS rear setback variance
b. OAS side setback variance
c. Structure to structure setback varFance
6. In considering this aWcation for variances, the Council has considered the advice and
recommendation of the Planning Cori mission and the effect of the proposed variances
upon the health, safety and welfare of tM 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.
I F• f i�::�,�ll,
�IIII!I;� �j�l�N,4f� 'l��llllll�! AMLYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ....". The proposed home addition and second story on the
garage are residential in nature. There is adequate space for light air and open space
between the proposed addition and garage; the proposed second story addition will not
further encroach into the rear or side setbacks. The variances are in harmony with the
Ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit for construction of improvements
to a single family residence and residential garage in a residential zone are consistent with
the Comprehensive Plan.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
H
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 additions to the existing garage, an oversized
accessory structure, within the 30 foot side and rear setback areas appears to be
reasonable as the adjacent properties do not appear to be adversely impacted; the
mature vegetation and topography separate the Property from the adjacent
neighbors. The proposed setback between the house and the garage at 9 feet is
a corner -to -corner measurement. The encroachment will not create an
unreasonable perception of additional massing.
b. The plight of the landowner is due to dmumstancss unique to his property not created
by the landowner.
The size of the garage, and the size and orientation of the Property were not the
result of actions by the landowner. The neighboring home is set back sufficiently
to allow for light, air, and open space between the garage and the home.
c. The variance, if granted, will not alter the essential character of the locality."
The proposed additions to the garage and home will not alter the character of the
neighborhood. The existing home plus detached garage to be expanded are set
back sufficiently from Carman Street and it does not appear that a second story
addition on the existing garage will adversely impact the neighbor to the south. The
structures on adjacent lots are set back 62 feet for the home and 27 feet for the
detached garage to the north; and the home to the south is over 84 feet from the
property line.
4. "Economic considerations alone do not constitute practical difficulties." The Applicants have
not requested approval based on economic considerations.
5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy system.. Variances shall be granted for earth -sheltered construction as
defined in Minn. $tat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78." This criterion 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." The proposed improvements are residential in nature and are consistent with the
residential zoning and the Comprehensive Plan.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
7. "The board or council may permit as a variance the temporary use of a one -family dwelling
as a two-family dwelling." This criterion 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 Property is a corner lot with a defined
front yard on Shoreline Drive with the functional front facing Carman Street. The garage,
constructed in 1975, is in a nonconforming location on the Property. The proposed
improvements to the garage will not increase the nonconformity.
9. "The conditions do not apply generally to otter land or struc-es in the district in which the
land is located." The nonconforming location of the garage and the corner lot status make
the Property unique in the neighborhood.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Staff finds this criterion to be 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 ant of this chapter." Granting the
requested variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the Code.
12. "The granting of such variance will not merely serve 1as a convenience to the applicant, but
is necessary to alleviate demonstrable difiiiculty." The location and size of the garage as
well as the garage's proximity to the home create practical difficulties affecting the
Property; the variances are necessary and not merely serve as a convenience to the
Applicants.
Cp GLUS ,HS. ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants
variances from Orono Municipal Zoning Code Section 78-1434 to allow the second story over the
oversized garage 11.9' from the rear lot line, and 28.4' from the side lot line where 30-foot
setbacks are required; and a variance from Code Section 78-1438 to permit an addition to the
home to encroach one fcgg into the required 10-foot separation between buildings, subject to the
following conditions.
1. Council approval is based on the survey dated 06/10/2016 and revised 06/30/2016 by
Sathre-Bergquist, Inc., and the building plans submitted by the Applicants and annotated
by City staff, attached to this Resolution as Exhibits A & B, hereinafter the "Plans". Any
4
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
amendments to the Plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
2. 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 (August 22, 2017).
;00W'111.11
3. By signing this Resolution, the Applicants agree and covenant in writing as follows:
a. No future subdivision will be approved that places the oversize garage within a lot
that has no principal structure, except that the city in its subdivision approval may
grant a finite time period in which the oversized accessory structure may remain
without a principal structure, in order that a prkw*al structure may be constructed.
At the end of this time period, the oversized accessory structure must be removed
if no principal structure has been construed.
b. If the Property is subdivided; the oversize accessory structure and principal
structure will be located together WltHn a lot that meets the minimum lot area
requirement f6t the given size, of accessory building
c. In subd vision approval, the setback required for the oversize accessory structure
shall remain.
4. Violalic.n of or non -coup;; with any of the terms and conditions of this resolution shall
oonatitute a violation of the zoning trade, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
5. The undersigned Applicants have read, understand and hereby agree to the terms of this
resoluton and on behalf of the Applicants and the Applicants' heirs, successors and
assigns, hereby agree to Ole recording of this resolution in the chain of title of the Property.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
ADOPTED by the Orono City Council on this 22Id day of August, 2016.
ATTEST:
Diane Tiegs, City Clerk
CITY OF ORONO:
Property Owner
STATE OF MINNESOTA
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
Property Owner
71
COUNTY OF HENNEPIN
i
This instrument was acknowledged before r,* tl,;3 �day of 4�1 1� , 2016, by
Peter Marcus Bluth, husband of Nell Wie Bluth.
Wtary Public r�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
INNS'
This instrument was acknowledged before me this
Nell Marie Bluth, Wfe Qf Peter Marcus Bluth.
Notary Public
day of
2016, by,
7
NNUE-bLINh UKl Vr1i
HIGHWAY EASEMEN' Resolution
N8904.3'59"E 140.53 (140.00 PLAT) HENNEPIN COUNTY Exhibit A
DOC- NO. 113.407E
953.7
CITY SIDEWALK TNH=
.3 956.9 954,9 953.8 956
or,7 7 c1r,73 956.0 .3z
7.9 Lr
X�95 Xx- X X-X X-X ) v " 0
954.Oj
181x-� c:
JI 661.4 59-7 957.2 1< 30
I 11-TIMBER FENCE
L 955.3 954�6 X 9542 '1�953.0.
X X
959.1 957.7 U FNO CH
961.3 R! p 9541/ ISELED X
957.6
cp 01
955-1 955.0 954.7 1 954Q
3 �L
X A& -,qk *953.8 95,3.8
961.- - m
'11w
LBSBL BSBL - BSBL BSBL BSBL. CnVL7- BSBL- BSBL Ln
961.1
CD x 955.5 954.7
x 955.3 x 955.3 954.0)�-� m
cn m
rn
Ld 3r I
10 1 11N
165,0 '956.0 956.1 WW 956.0 9558
__t56.2
-9.52-
rr GRDN .7 w
cr) to LLJ X 9M 956.4 9 0 70 C) Nr
LOE LOE 13 d13
M 9564W9 .0 �z
C-� 955.1 954.9 J
0j cn
LO LLJ -1
x 959 0:2
c5 7 956.5 x
w _Z: 955.0
m 8.4 LLJ
W - - ) c;
-056.5 956.1 cn < 7 9.,, 45L2 I
-:Bf L0
(0 LO t) X m
956,9
d I A11 LLJ _j Ln
u3x 959.O� BLOCK I p0 -15-
cn
w I
F= 7 p c,
95 cn
957.4 cn _U U
J°I0
r4p. 13�
LOT 2 w S5fi.2 rn 22..3 C-4
>
< F OHU 95."
q 11p
S? 0 m U cr C
ED 1
It
0) m v FtIn
0 Ss 957
952,4 9 V
2 -
954.2 4,95,36 9,52.3
co 955.6. 955-2,954.4
Ln GM-
7 ... 956.0
LOT 3 99 2.,5t.7 .9 9so
co A
ti 7
Lij 55
EXISTING 0-1 1 cn
X----x 0 1 0 7D
961.5 958.2 GARAGE z I Z 0 953.4
KL-6 �L- BSBL BSBL, -Q Offi-� BSBL B L--�Q BSBL
PO L) I . "It- Q
i c� X D 10' z
(PROPOSED GARAGE 0 LLJ �- 03
TO USE THE SAME Z- -o-
958,0 f Lr) -j 00
FOOTPRINT) F- '--4
959.1 1 LO I Lj <'
/960,2 c� 5-< 1 V: x 952.9
30
28.1
Ld LO
Of < U) LO 9 551
LO 1 12�
954.j X 52.7 0) 1-0
Ed %F, r.
0961.5 Q11Q LOI 1 ti 954.
96 t
X -X x 953.2 c -., , '. -, - r-,
963.s 1/-CHAIN FENC 95 4
E 0
S89 44'5�'V 140.54 (14Q.Q0 PLAT) cn 0
954-0 952.6 z
U-
EXISTING
GARAGE
L.,r,%',r 4
Resolution
Exhibit B
w
h
SMF-;T Trrm-
Piwir; mnok muw
UR4WLMGS PPZYJ0ED MY'
OhFldd oraNr q 5er L*g
j
cs
9iokK.Pe�iti■nd
3W'I W'54th 5t,
o d s
Y
Mpin fl0vr Ohm, rmon �
RAE C■rrnah St
Hmnaaoo�, Ku SSy]P
M2]-{54-7: {F5
aro�l
rurw, MN 35341
ioMtixc■nvrTard !{■4S[7S
A
IA
SHEET TITLE:
PROJECT DESCRIPTION:
DRAWINGS PROVIDED BY:
o
OrField Drafting Services
II
o
m
rn
Bluth Residence
3507
3507 W 56th 5t.
N
Carman St
Minneapolis, MN 55410
Main Floor Plan, Proposed
P
.2413
iOrana, MN 55391
(952)=-2705 I
6RHEL6 ➢RAFTING SERVICES IF
0a�
rO
OP V
01AW
N
sK
W
m
2
W
oaarnaoorn�
W W
N N
N N
1
CnW
O
W.AAAN
G7 0
0 0
00
A W
O
2(�2222c�Xr
m
1
N N
i N
i N
1 Tt
�v
WWWNNNN
j{pO
00
cnwwaA�NAN
a
Q1 000
d) —�
arnooa000m�
QUIQDDDu�T�
i
SnS22z�
W
chu�cnmwww��0
W W
N N
N N
i
m
NNNNNNNN
UM
U1
co�`n`''yrn
A W
AA
A N
A S
N
N N
N N
N N
N=
vu�vvvv�n�iv
OZOOflOZXm
cOccccOmM
ar,_orpp�mmrp�
mymmmmn��
2[p1222f/)�-I
cmccccmW�
zKzzzzK(nz
OZ`�
_
m
�
d
�
Fn
=
o
p
r�
SHEET T1TLE:
PROJECT DESCRIPTION:
DRAWINGS PROVIDED BY:
Orfle!d Drafting Services
o
rn
Bluth Residence
3507 W 50th St.
W
2413 Carman St
M:nneapofs, MN 55410
' \j�
Second Floorplan, Proposed
Orono, MN 55391 , !
{952)-454-2705
I ORFIELD �RAfTIRG SERVICES
Im
N
m
SHUT TIT1-E-
MD)ECT 7E5CRIP77QN I
O tAMMUS PP,RV[dEQ M
p
�
o
m
�fflldd dN�4ht 5eivi[tl
o
Ruth RXeEem.te
}W7 W SOkh 5t
taG�J I( Fd6L @R4'3�OM1L� G7RIP9rl9�7
2�13 �FinakSi
tlinn8ariohi MI{ Sj41f}
{952j-454-2785
1RF7Ct Y9•F7l+�L 1[X47[[x
kw-. MN EV92
iZ
0
t
w
p
}
SHVErTIT4f;
PROIEC, DESCRIPTI4rt URAtiWINCA PAWMI We:
Orflo35'LL7 h 5ervimu
o
a
�
41i+I+ Raxtlenc. 35C� W 5A[h 3t
LM 5
Hol#TSfWCUEfCyAgtel+a, Oortiq+lrie9rl
2#1SC!rrn�.A# Mw"ayalls. Mr* 5"19IV
f F45
Owe pw 55344. Y WIELD
3
�
O �
�
O
<
(l
O
3
O O
91
(1
In
A n
�
O
QO 3
—
❑
�^
T`9
O
J
lP
I
5NIEETTTT�E
p12tli�LTDRSY3FJpYaQN:
`�o=nwin-,aRgylbEi35r-
Orfi9ii
yi
d
rn
P
61wd+a aux#
9RfMn95.0mco4
3507 % 506 9L
o d s.
LLvir{� I�ogm C+Sa�. $gi#i4n
2413 meR
Crpr1 ll'IN 95301
MlnnaapO4 ; MM 5iA19
jCA21- S4-1109
�L« r. IMOT c 7E YYLU
}/
E�
Cb2
�Cb
;
� $
7
m
q,
9
9
b
G�
4
i m
Qv
>fkg%
q
Em�E
\
E
EL
C
R�
§-
A
CL
�
E
9
Elk
es
\
Q6
%
�
§
k
■
n_=p_vrmN, _nmq __m«,
� _ >_qa� �
7.,m*
_!Comm_ ®�®
ma
q_!_ 1"� &m_
{
I I
I I
I I
I I
I II
IU,
R; o
I I
I I
I
I
I I �
I I
I I
I
I I
I
I
I I @ C
I
I
— r
C
I
I
SHEET TITLE: PROJECT DESCRIPTION.DRAWINGS PROVIDED BY:
A
�
m
II
rm
No
Orf!eld Drafting Services
�D
Bluth Residenre .3507 W SOth St.
2413 Carman St Minneapolis, MN 55410
A
Garage Main Floor Plan
: (952)-454-2705
oRFIELD DRiFTIRL SER4I[ES
Orono, MN 55391
vs
D
°y
SHEEP TITLE:
PROJECT pESCR;PT70N: I
pRAWINGS PROVIDED
A
N
.
rn
O
I
6Y:
o
m
OrField grafting Se
u
5Hfci 7TFLE=
p9"ML{T bRGM -nON:
"AwmGS "Qwi0013 oy;
$
y�
a
9jkh R4WW"
Qma�a araftlnQ Set++�ces
3507 W SL
d
1i
�"�
� 4 �4vGpo^F
3�Y3Cr�nau.�l
+ono, 15534]
-WEII
Mlnlgsapg113, HH 59ALf
Ig52}-154-2705 •
r
o s.A
IMFMI MAFYjW ¢ouim'i
001
M kKlt L
A
±
/ ,
7/
=
2
is
¢
§
t �
■§
�
§
{
77
E
3
ƒ
7
§
/
�
(
§
Q
k
k
§
Ln
2
2
7
9
SHt r�.[--
-_ECT nES me_
b
�
�
Alum R�d�'
�A� � A& m
w«D,�db__lms
350 ,_ _ ^ �
�
��__»
@��� —,�i
ee_._
CWW�
m2��� _m_�._:
I
0
0
N
S5
Q
$Hf57TjTLE. PR IECTVEsTIRI ➢0 DPAWMGSPFWYIDEDBY!
j' m ."aid Gr9[hno Sarmica
4 a a Bh�Sh Rckmce 3SO7 W 5Rn St
_ rmfm4apcjhF, MN 5$41. O o d s.A
rsara4'9 da4auo s, Campdne!SM1 moo, MN 51391 i912}�54 �7p5 WCILI AV m