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HomeMy WebLinkAboutDraft RESOLUTION3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 1 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1437 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-328 FILE NO. 16-3862 WHEREAS, Robert Thomas Lund and Maria Cote Lund, a married couple (hereinafter the “Applicants”), are the owners of the property located at 2732 Caroline Avenue and legally described as: Tract B, Registered Land Survey No. 1451, accorded to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the “Property”); WHEREAS, on August 17, 2016, the Applicants made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1437 and a conditional use permit pursuant to Section 78-348 to allow conversion of an existing 1,164 square foot detached garage to a guest house; and WHEREAS, according to Orono Municipal Zoning Code Section 78-1437 plumbing including a shower or bathtub is permitted in an accessory building that is conforming in location, size, and height; and WHEREAS, the existing detached garage exceeds the permitted maximum accessory structure footprint size by 164 square feet; 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 speak thereon; and WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the variance and conditional use permit as requested; and WHEREAS, on October 19, 2016, the Applicants submitted a revised plan removing the second story from the guest house plans; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 2 WHEREAS, on November 14, 2016, the Applicants submitted an additional revised plan reintroducing a modified second story to the guest house plans; and WHEREAS, on November 14, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, on November 14, 2016, the City Council reviewed the modified plans and directed staff to amend the findings of the drafted approval resolution to include the guest house as modified; and NOW, THEREFORE, BE IT RESOLVED that on November 28, 2016, the City Council of Orono, Minnesota hereby approves the requested variance and conditional use permit 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 #16-3862. 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-1C, One Family Lakeshore Residential Zoning District. 3. The Property contains 1.25 acres in area and has a defined lot width of 120 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. The purpose of City Code Section 78-1434 is to regulate overall massing on individual lots, in relation to the lot size. Lots up to 1.99 acres are limited to a total structural level of 15% of the total lot area. Additionally lots up to 1.99 acres are permitted one accessory building up to 1,000 square feet in area; and additional accessory buildings less than 1,000 square feet up to a maximum total of 2,000 square feet of accessory building. 6. The existing detached garage is nonconforming because exceeds the accessory building footprint limit for a property with an area between 0-1.99 acres by 164 square feet. 7. Applicant has applied for the following variance[s]: a. Variance to permit conversion of an existing non-conforming detached garage to a guest house. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 8. The Applicant has applied for the following conditional use permit: a. Guest house CUP 9. 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: Variance Analysis: 1. “Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance…”The proposed variance will be in harmony with the intent of the Zoning Code as the structure is existing. The two story addition will be conforming with respect to setbacks, and height. 2. “Variances shall only be permitted…when the variances are consistent with the comprehensive plan.” The variance resulting in a guest house to be constructed in a new upper floor of the existing nonconforming 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. The size of the garage was not the result of actions by the Applicants. A guest house is permitted on residential properties which meet the size requirement. The 164 square feet of additional structure is minimal, reasonable, and will not result in the building appearing to be too massive on the Property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The detached garage is an existing building on the Property not constructed by the Applicants. c. The variance, if granted, will not alter the essential character of the locality.” CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 The Property is 1.25 acres in area, the proposed guest house use within a second story addition to the existing detached garage will not alter the character of the neighborhood. The total footprint of the detached garage exceeds the limit by 164 square feet, however 151 square feet of the overage is open deck and will not be as impactful on the appearance of massing. 4. “Economic considerations alone do not constitute practical difficulties.” The Applicants have not requested consideration based on economic reasons. 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 78 for property in the zone where the affected person's land is located.” The residential use on this residential property is permitted. This criterion is not applicable. 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 garage, constructed in 1996 by a previous owner as a replacement to a then existing detached garage, is nonconforming with respect to size on this 1.25 acre property. The proposed guest house use and 2nd story addition will not increase the nonconformity (footprint size). 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property is 1.25 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The Applicants have indicated that this is true. 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 guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Applicants have indicated that, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 5 although permitted to construct a separate, conforming guest house building less than 1,000 square feet in footprint, they wish to minimize hardcover by utilizing the existing nonconforming structure. Conditional Use Permit Analysis: The Planning Commission may recommend and the Council may grant a conditional use permit as it was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan. The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The guest house will be otherwise conforming in location, and height on the Property; the proposal to convert the existing nonconforming detached garage into the guest house requires a variance due to the nonconforming footprint size. 3. Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. 4. Provided with an adequate water supply and sewage disposal system. The proposed guest house will be connected to City sewer and water 5. Not expected to generate excessive demand for public services at public cost. Staff believes this criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The proposed addition to the detached garage for the guest house space is residential in character and its use is expected to be compatible with the surrounding area. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The guest house is residential in visual character and is expected to be compatible with the surrounding area. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The architectural styling of the proposed guest house is expected to be residential in character and consistent with that of the principal structure on the Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 6 9. Not expected to substantially impair the use and enjoyment of the properties in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The use of the structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The existing detached garage and therefore the addition for the guest house will not be significantly visible when viewed from off the property due to location on the lot. No additional screening or buffering is recommended. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed guest house use is not expected to cause any of these undesirable impacts. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. It is anticipated that the proposed guest house use will not generate any of these undesirable issues. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed guest house will not affect these features or have a negative environmental impact. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. Applicants are hereby advised of this requirement; and 15. Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. 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 78-1437 and a conditional use permit pursuant CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 7 to Section 78-348 to allow conversion of an existing 1,164 square foot detached garage to a guest house with garage; subject to the following conditions: 1. Council approval is based on the survey by Sathre-Bergquist, Inc., dated July 27, 2016 and updated on August 2, 2016 and building plans submitted by the Applicants drawn by Paul Vogstrom, 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. 2. All exterior lighting associated with the guest house shall be downward cast and not directed off the Property. 3. The Applicants agree to covenant the following regarding the guest house: a. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. No future subdivision will be approved that places the structure 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 principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. c. If the Property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. d. In subdivision approval, the setback required for the oversize accessory structure shall remain. 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 approvals will expire on that date (November 28, 2017). 5. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 8 6. 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 this 28th day of November, 2016. ATTEST: CITY OF ORONO: _______________________________ ________________________________ Diane Tiegs, City Clerk Lili Tod McMillan, Mayor CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 9 ______________________________ ________________________________ Property Owner Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 2016, by Robert Thomas Lund, husband of Maria Cote Lund. ____________________________________ Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ___ day of ___________, 2016, by Maria Cote Lund, wife of Robert Thomas Lund. ____________________________________ Notary Public