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Home My WebLink About16-3851 ExB RESOLCITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1437 FILE NO. 16-3851 WHEREAS, Peter Marcus Bluth and Net! Marie Bluth, a married couple (hereinafter the "Applicants"), are the owners of the property kiCated at 2413 Carman Street and legally described as: Lots 1, 2, and 3, Block 2, NAVARRE, according tb the recorded plat thereof, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, on August 22, 2016 the City Council approved variances to Orono Municipal Zoning Code Section 78-1434 to allow a second story addition to the Applicants' existing garage, (hereinafter the "OAS") less than 30 feet.from the side and rear lot lines; and WHEREAS, the Applicants' intent was to install plumbing consisting of a toilet and sink (hereinafter the "Half Bath") in the OAS. WHEREAS, according to City Code 78-1437, plumbing is permitted within a conforming accessory structure Because the OAS does not meet the required setbacks it is considered non-confo ming; and WHEREAS, the Applicants are requesting a variance to City Code 78-1437 to permit installV oh of a Half Bath within tt OAS; and WHEREAS, on September 19, 2016, 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 apeak thereon; vid WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the variar , and WHEREAS, on September 26, 2106, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 E_R-1 C Zoning Distrct. 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% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Installation of a Half Beth (plumbing) within a nonconforming OAS. 6. In considering this application for a 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 welfae of the cm nunity, existing and anticipated traffic conditions, light and air, danger of fire, risk to the pL:bhc safety, and the effect on values of property in the surrounding area. 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ....". The garage is residential in nature. The proposed Half Bath within the second story addition of the nonconforming OAS will not adversely impact adjacent properties and will not be apparent from the exterior. The variances are in harmony with the Ordinance. The variance is in harmony with the Ordinance. 2. "Variances shall only be permitted .. . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for plumbing improvements within a residential garage in a residential zone 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. The request to permit installation of plumbing within the detached garage appears to be reasonable as the adjacent properties do not appear to be adversely impacted. b. The plight of the landowneris due to circumstances unique to his property not created by the landowner. The size of the garage, and the size and orientation on the Property were not the result of actions by the landowner. Plumbing is permitted within residential garages. c. The variance, if granted, will not aHer the essential character of the locality." The proposed plumbing within the garage will not alter the character of the neighborhood. 4. "Economic considerations alone do not constikte pracical 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 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 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 76 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. 7. `The board or couwt may perm t as a variance the temporary use of a one -family dwelling as a two-family dwelft." This criterion is not applicable. B. "The spy 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 plumbing improvements will not increase the nonconformity. 9. `The conditions do not apply generally to other land or structures 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 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 intent 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 as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and not merely serve as a convenience to the Applicants. CONCLUSIONS, ORKIR AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Section 78-1437 to allow the installation of a Half Bath within the nonconforming OAS on the Property, subject to the following conditions: 1. Council approval is based on the bu flding plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A, hereinafter the "Plans Any amendments to the Plana which are not in conformity with City codes may require further Planning Commission and City Cound reviow. 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 ot:�atruction and comneneing constructon 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 26, 2017). 3. By signing this Resolutwn, the Applicants agree and covenant in writing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a t1 gelling unless a guest house conditional use permit is obtained. c. Rented, leaSed or otherwise provided for use as a dwelling under any circumstances. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. Violation of or non-compliance 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 Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on fts 26{" clay of September, 2016. ATTEST: CITY OF ORONO:IIII1 11. �Mf IIIII �� III�I�III� IMIIFt�. Diane City Tie s, �+ Illll hili Tod McMillan, Mayor g y Clerk I�, y IMIIIII�I �� lllll�� I C ICI ��M�� II� IIIIII III t �1 �CII I IIII � IIII �� IIII III � ll� IIII IIIII N IIIII IIII�� Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL RU9 Property Owner I� I� This instrument was acknowledged before me this �� day of , 2016, by Peter Marcus Bluth, husband of Nel Maw Bluth. 'III Notary Public -- STATr OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2016, by, Nell Marie Bluth, wife of Peter Marcus Bluth. Notary Public C ion t Al As. Ir— — — — — — — I (3) 2xi0 HDI — I i I � N N ip I O C O I9068 I I I ;! I I N x N Iny A i nY LMI M II o 6u€I€� uadp QD (2) WO HDR I I 4 I I I I I I I I I i i i I A 'j o F w C N m y m 5HEETTITLE: PROJECT DESCkPT[DN: DRAWINGS PROVIDED BY: i Orfield Drafting Services ��ii!! Bluth Residence E �] � 3507 W 50th 5t. i14'`'11 Minneapolis, MN 55410 Carman 5t �Orono, I Garage Second Floor Plan (952)-454-2705RFIELD aSEMN 55391 A3 0 g $HEETTNLE OvaNcroesco orc PPAWI NW Mavi DM W OomWd Dnrk r4 $4NKRF 1++ d* h Mum lbnwf ce y$p7 W �OFh 5!. MilSheepola, NH 554i9 ,.+YrpgT+ Ew%%n ry t wrrr;4u St �9: 7-454.27G# o- ttu 1[R47 [[[ 4 Wqmh ssigi FRirIFRC A� Z > SHEET TITLE iPRO]ECT DESCRIPTION: DRAWINGS PROVIDED BY: o I m rn_ Bluth Residence Orfteld Drafting Services 1-4� 3507 W SOth $t, i0d. 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