HomeMy WebLinkAbout16-3862 ExB Resol
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
WHEREAS, on November 14, 2016, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
2
NOW, THEREFORE, BE IT RESOLVED that 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 it 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.
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
3
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 conversion of the garage to a guest
house 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 a guest house use within 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.”
The Property is 1.25 acres in area, the proposed guest house use within 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
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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 guest house on this residential property is permitted by conditional use. This
criterion is met.
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 of the
garage 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,
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:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
5
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 use of 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, and the community management
plan, unless a change of character is called for in the community management plan.
The guest house is residential in visual character and from the exterior, no change will
be observed, and will be compatible with the surrounding area.
8. 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.
9. Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses. The existing detached garage and guest
house will not be significantly visible when viewed from off the property due to its
location on the lot. No additional screening or buffering is required.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
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10. 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.
11. 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.
12. 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.
13. 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
14. 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
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 dated October 19, 2016 submitted by
the Applicants and annotated by City staff, 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
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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 14, 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.
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ________________________
8
ADOPTED by the Orono City Council on this 14th 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
Resol
Ex A
STORAGE/GARDENSPACETWO CAR GARAGE75X3875X3894X5894X5896X5894X5894X5894X58TWO CAR GARAGE75X3875X3894X5894X5894X5894X5894X58GUEST10'1"X11'5"KITCHEN/LIVING10'1"X13'5"TWO CAR GARAGE75X3875X3894X5894X5894X5894X5894X58|S|S|S|S|S|S|S|S|S|S|S|S|S|SSURFACE MOUNT CEILING LIGHTFIRE ALARMLED (LOW VOLTAGE) LIGHTING (FIXTURE TBD)EXTERIOR SCONCELED (LOW VOLTAGE) LIGHTING (FIXTURE TBD)VENTS H E E T N U M B E R :S H EET T I T L E :DATE :R E V I S I O N :I S S U E / T I T L E :DATE :P R O J E C T N O :D R A W N B Y :C H E C K E D B Y :P R O J E C T I N F O :2732 CAROLINE AVEORONO, MNLUND GUEST COTTAGEEXISTING CONDITIONS/FIT PLAN/ELECTRICAL PLANN8.16.2015PC - PROPOSALSCALE: 1/4"=1'FIT PLANEXISTING CONDITIONS10.19.2015REDESIGNELECTRICAL PLANNOTE:CONSTRUCTION WILL TAKE PLACE WITHIN THEEXISTING GARAGE STRUCTURE-NO EXTERIOR WORK WILL BE PREFORMEDOTHER THEN WINDOW REPLACEMENT
Resol Ex B