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Home My WebLink About#16-3808 Recorded Resolution 66263 go-c) WUJ ¥//iue_ l(o--~iot 111111111111111 I Ill I II Doc No A10333941 Certified, filed and/or recorded on Jul 11, 201612:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1417471M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6626 NO. _________ _ A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350 FILE NO. 16-3808 WHEREAS, on January 20, 2016, Casco Ventures LLC, a Minnesota Limited Liability Company (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 3800 Casco Avenue, and legally described as: Lots8 and 9, Block 3, Casco Heights, Hennepin County, Minnesota (hereinafter the "Property"); · WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow redevelopment of the Property which is 12,807 square feet or 0.29 acre in area and which has 110 feet in width where 21,780 square feet or 0.5 acre in area and 100 feet in width is normally required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow a 23 foot setback from the front property line where a 30 foot setback is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow a 10.9 foot setback from the rear property line where a 30 foot setback is required; and WHEREAS, on March 21, 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 March 14, 2016, the Planning Commission held a public hearing and recommended approval of the variances; and WHEREAS, on May 9 and May 23, 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 N 0. ___ 6 _6 ~2-=-6 __ 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: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3808. 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, One Family Lakeshore Residential Zoning District. 3. The Property contains 0.29 acres in area and has a defined lot width of 11 O feet in width. 4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater Quality Overlay District. The proposed plan results in 23.3% hardcover. 5. Applicant has applied for the following variances: a. Lot area variance b. Front yard setback variance c. Rear yard setback variance 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance .... " The lot area variance requested is consistent with the general intent of the Ordinance. The requested front and rear yard setback variances are in harmony with the Ordinance and will result in a consistent development pattern between the subject lot and the abutting neighbors. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of a single family residence on the Property in a residential zone are consistent with the Comprehensive Plan. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6626 NO. _________ _ 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 on a substandard property with portions of the proposed home to be located within the front and rear yard setbacks, yet maintaining a consistent 1 O' side yard separation and setback from the road consistent with th~ neighbors, appears to be reasonable. · b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub-standard size of the Property is not the result of actions by the Applicant. The home on the Property will be placed in the same orientation as the neighboring home to the north with a 1 O' side setback and "back yard" area to the rear. c. The variance, if granted, will not alter the essential character of the locality." The lot area variance or rear and front setback variances will not alter the character of the neighborhood. It does not appear that the requested variances will adversely impact the adjacent property owners. The designation of the south boundary line as the front property line is not perceptible to the neighborhood, especially while the house is oriented to the NW, toward the defined street side yard. 2. "Economic considerations alone do not constitute practical difficulties." The Applicant has not requested consideration for economic reasons. 3. "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. 4. "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." Construction of a single family residence on the Property in a residential zone is consistent with the Zoning Code and the Comprehensive Plan. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6626 NO. _________ _ 5. "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. 6. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The nearly conforming, yet substandard lot area of the Property is not uncommon in the surrounding neighborhood. The orientation of the proposed home resulting in the front and rear setback variances will maintain character of the immediate neighborhood. · 7. ''The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is unique in location and configuration. The variances will allow conformance with the neighborhood character. 8. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant". The requested variances to allow redevelopment of the Property are reasonable and necessary to preserve a substantial property right of the Applicant. 9. "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 allow for the character of the neighborhood to be maintained, will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 10. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The size of the Property; the corner lot configuration; orientation of the adjacent homes create practical difficulties affecting the Property; the variances are necessary and will not merely serve as a convenience to the Applicant. 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 78-350 for the Property which is 12,807 square feet or 0.29 acre in area and which has 110 feet in width where 21,780 square feet or 0.5 acre in area and 100 feet in width is normally required; a variance to Orono Municipal Zoning Code Section 78-350 to allow a 23 foot setback from the front property line where a 30 foot setback is required; and a variance to Orono Municipal Zoning Code Section 78-350 to allow a 10.9 foot setback from the rear property line where a 30 foot setback is required, subject to the following conditions: 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. -----=-6---.6_2........,6'"---- 1. Council approval is based on the survey by Gronberg and Associates dated 01/20/16 and revised 05/02/16 and building plans submitted by the Applicant 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. 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 (May 23, 2017). 3. 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. 4. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's 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 23 rd day of May, 2016. ATTEST: £ \Ja1~Q~ ~Tiegs, City Clerk J CITY OF ORONO: Lili Tod McMillan, Mayor 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6626 NO. ________ _ Casco Ventures, LLC A Minnesota Limited Liability Company STATE OF MINNESOTA COUNTY OF HENNEPIN 1. The foregoing instrument was acknowledged before me this __ij_fj_ day o~ 20#z, by :Io:d.cL 1-kJ m e_('S , the ~ of Casco Ventures LLC, a Minnesota limited liability company, on behalf of the company. MONICAA. FADNESS NOTARY PUBLIC-MINNESOTA .•. '""' My commission Expires Jan.31.20 17 ~~~~ 6 OATE CERTIFICATE OF SURVEY FOR CHARLES CUDD DENOVO {S~U) OF LOTS 8 & 9, BLOCK 3, CASCO HEIGHTS HENNEPIN COUNTY, MINNESOTA (9U9) LEGAL DESCRIPTION OF PREMISES : Lots 8 and 9, Block 3, CASCO HEIGHTS ~ : denotes nail set in blacktop roadway ., denotes iron marker found t}f: denotes existing tree to be removed (908.3) : denotes existing spot elevation, mean sea level datum 1910.B) : denotes proposed spot elevation, mean sea level datum --917--: denotes existing contour line, mean sea level datum ~: denotes proposed contour line, mean sea level datum Bearings shown ore based upon an assumed datum. This survey intends to show the boundaries of the above described property, the location of on existing garage, to be removed, trees, spot elevations and topography, and the proposed location of o proposed house, porch, patio, driveway and grades thereon. It does not purport to show ony other improvements or encroachments. OESCRPTIOU 6626 RECEIVED MAY -2 2016 CITY OF ORONO .(. PROPOSED ELEVATIONS : (verify) 1) Geroge = 1955.5! 2) Top of foundation = 1959.671 3) First floor = 1961.0I 4) Lookout =!954.11 5) Basement = 1950.9! 3-3-lf J£VISU!•.IJ,.J( GRONBERG AND ASSOCIATES, INC. hereby certify thot this pion, specificotion, or report OS terored by me, or under my direct supervision, h: lo~s tt°'l~eo st":re L~~eMi~e!-o°to~ S1Xveyor under SCALE 1''=20' DAT( 1-20-16 ~2-15 >DUS£. t,:lf,'£1,1,Y 00 C9.A«S 1!£VEO 16-024 CONSULTING ENGINEERS, LAND SURVE4YJ>fl~r~Jl.:H,~ b'.1t,,1NNERS 1 _.f.~~~~~~'.'.='.~~2:~~~'.::;~~ LONG LAKE, MN. 55356 1-• 952-473-4141 fork S. Gronber Mimesoto Licens Nt.mber 12755 mo ~0 -•C [~ )> ::: REVISIOMS / ISSUE DATES CASCOPOINT MODEL lO'Uil>.l - JOUlo,.t 96)()( 6626 CHARLES CUDD CO, Architectural Design• Build ~™::.~~,... r-------------------7 I I I I I I I I I I I I I I I I I I [!t ]l ____ ____,JH~L 6 6 2 6 CHARLES CUDD CO. Architectural Design• Build \HJW~~.,_ ,-- 1 I I I I I I I I I I I I I I I I I I I I I I ~---------------------------------~ REVlSK>NS/is!iUEOAT'ES CASCO""'POINT MODEL ~CTNo.: -11.oe,{>ll:..: - JO&No.:. POXX PROJECT:-- 6626 CHAR.LES CUDD CO. Architectun,J Deslgn•Build 1$$ u-1=:_~~,._ ' .,,,. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN )