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Home My WebLink AboutResolution 6571 �s�� sT �� ✓ � . � � � .3, Doc No A10287884 Certified, filed and/or recorded on Feb 16, 2016 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1356606M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. � ��o� � C ITY OF QRONO RESOLUTION OF THE CITY COUNCIL i r- �i �'~� NO. � J � � akES HO�� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1434(3) and 78-1435 FILE NO. 15-3794 WHEREAS, Tim Doubek and Mary Doubek, husband and wife, (hereinafter"the Applicants") are the owners of the property located at 4565 Bayside Road within the City of Orono (hereinafter the "Cityn) and legally described as follows: Lot 2, Block 1, Bayside Berry Farm, Hennepin County, Minnesota (hereinafter the"Property"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Sections 78-1434(3)and 78-1435 to allow construction of a 2,400 square foot pole building defined as an oversized accessory structure(hereinafter the "OAS") in a location nearer to the front or street lot line than the principal building on the Property where no accessory structure is normally allowed; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on November 16, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on November 16, 2015, the Planning Commission, with a vote of 6 to 0, recommended approval of the variance; and WHEREAS, on December 14, 2105, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. 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 this Property: FINDINGS OF FACT 1. This application was reviewed as Zoning File #15-3794. 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 RR-1 B One Family Rural Residential Zoning District. Page 1 of 7 �°�o ��rY aF oRONo RESOLUTION OF THE CITY COUNCIL � � � � � � �' �� J ,� t � NO. I�'�ESH�� 3. The Applicants have applied for the following variance: a. Variance to Orono Municipal Zoning Code Sections 78-1434(3) and 78-1435 to allow construction of a 2,400 square foot OAS in a location nearer to the front or street lot line than the principal building on the Property where no accessory structure is normally allowed. 4. The Property contains 7.09 acres in area and has a defined lot width of 278 feet along Bayside Road. 5. The Property is exempt from the hardcover limitations of the Stormwater Quality Overlay District. 6. The Property is approximately 630 feet deep with the residence structure located near the rear of the Property, 190 feet from the rear lot line. 7. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, 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. 8. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other properties in this zoning district;that granting the variance would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. ANALYSIS 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance..."The limitations imposed by Sections 78-1434 and 78-1435 are intended to prevent obtrusive accessory buildings within the front yards of urban and rural neighborhoods. The impact of the proposed OAS between the house and the street on this rural property in a neighborhood of 2-plus acre lots would appear to be of a significantly lesser magnitude than in a neighborhood of 1/2 acre or 1-acre lots and is in keeping with the intent of the ordinance. Page 2 of 7 . �-o� � C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� ,� � �-- -� .� G �� .) � b r"�kFsxo��' NO. 2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The OAS will be screened adequately year round by evergreen trees and will not be visually discernable when viewed from off of the Property. Other properties in the vicinity have similar barns and sheds streetward of the principal structures, therefore the variance will not alter the essential character of the locality. Additionally, the proposed location for the OAS is compliant with all other pertinent setbacks: 142 feet from the front lot line where a 50-foot setback is required; 440 feet from the rear lot line where a 50-foot setback is required; 105 feet from the west side lot line where a 30' setback is required; and 100 feet from the east side lot line where a 30' setback is required.The size of the proposed OAS as well as the screened,and otherwise conforming, location is consistent with the comprehensive plan. 3. "Variances may be granted when the Applicants for the variance establish 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 contro/s." The Applicants' desire to store large vehicles within an enclosed structure on the Property which will be screened from offsite by mature vegetation is reasonable although the proposed location of the OAS is not permitted by official controls. b. "The plight of the /andowner is due to circumstances unique to his property not created by the landowner." The shape of this lot, the existing tree stands combined with the location of the home on the Property result in a unique circumstance allowing for the 2,400 square foot OAS to be almost completely screened from view off the Property. The configuration of the lot was not created by the Applicants. c. "The variance, if granted, will not alter the essential character of the locality." The Applicants have proposed to locate the OAS within a clearing surrounded primarily by mature evergreen trees which will provide screening from atl directions.The proposed variance will be in harmony with the intent of the Zoning Code as the proposed structure will be screened from view by the vegetation that exists between the proposed structure and Bayside Road. The variance will not alter the essential character of the locality. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested approval of the variance based on economic considerations. Page 3 of 7 �0� � C ITY OF ORaNO � � RESOLUTION OF THE CITY COUNCIL � �� `� �' N O. � � �'� � j'�kESHo�`` 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 criteria 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 use of an accessory building for storage is a permitted use within the RR-1 B zoning district. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This criteria is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.n The specific special conditions include: the shape and size of the Property; the existing mature vegetative screening; the existence of wetlands; the septic treatment locations; and the location of the home toward the rear of the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Other properties in #he vicinity of various sizes and configurations have accessory structures streetward of the principal structures. The specific special conditions applying to the Property do not apply to other land in the district. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The variance to allow construction of the OAS in the proposed location is necessary for the preservation and enjoyment of a substantial property right of the Applicants. 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 OAS in the proposed location does not appear to limit the light, air or open space enjoyed by the adjacent properties. The Applicants' request results in minimal negative impact to adjacent properties. Rather the OAS is located so that it is not visible from adjacent properties. The OAS will allow for the storage of large trailers in an enclosed building on the Property. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The overhead doors of the OAS have been oriented to the east to utilize the existing driveway serving the home, preserving trees.The variance would allow for the preservation of trees and septic system Page 4 of 7 . , �o�o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � '� � � � r' � �� ' �' N O. t�-� u) � rAkES H�� treatment areas in other locations on the Property. Preservation of the natural features on the Property is consistent with the comprehensive plan. 13.The construction of the OAS in the proposed location is reasonable on this heavily wooded, 7 acre residential property. Additionally, the OAS will accommodate storage of large trailers and recreational vehicle which would otherwise be stored outside. 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 Sections 78-1434(3)and 78-1435 to allow construction of a 2,400 square foot OAS in a location nearer to the front or street lot line than the principal building on the Property where no accessory structure is normally allowed, subject to the following conditions: 1. Council approval is based on the survey dated 01/12/15 and revised 03/02/15 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A 8�B.Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. The OAS shall include architectural features including at a minimum shutters on each of the north windows facing Bayside Road and a cupola. 3. Applicants agree to the conditions as established in Zoning Code Section 78-1434(3)(c) and hereby covenant the following: a. 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. b. 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. c. In subdivision approval, the setback(s) required for the oversize accessory structure shall remain. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the Property. Page 5 of 7 ��0 C ITY �F ORONO RESOLUTION OF THE CITY COUNCIL '� t'� �s r-- "'' �, `� �' N O. �-' �� ,+ a tRkE S H�� 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 variance will expire on that date (December 14, 2016). 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 Properly. Adopted by the Orono City Council on the 14th day of December, 2015. ATTEST: � . ' � ' e Tiegs, (�ity CI Lili Tod McMillan, Mayor Page 6 of 7 �-�� C ITY OF QRONO RESOLUTION OF T'HE CITY COUNCIL � � � � �� G`� ,.:, � � � NO. " j'�kEs x o��' �� Property' er Property er STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Zkt day of �C¢,v��c , 20j�, by Tim Doubek, husband of Mary Doubek. w � Notary Public d.,..� DUSTIN WILLIAM MULLINS ,� ' Notary Public Minnesata f _ My Comm. Expires STATE OF MINNESOTA Jan 31,2019 COUNTY OF HENNEPIN This instrument was acknowledged before me this Z4�day of�y,��(, 20�, by Mary Doubek, wife of Tim Doubek. Notary Public ,,.,a,�� DUSTIN WILLIAM MULLINS .�� Notary Public � Minnesota : My Comm. Expires Page 7 Of 7 Jan 31,2019 C "' � � �° r �2 CERTIFICATE OF 9URVEY FOR � w ALEXANDER DESIGN GROUP �� OF LOT 2, HLOCK 1, BAY3IDE BEBRY FARM ai � HENNEPIN COUNTY, MINNESOTA E�.,�; e �' CO. 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I �' ' '`' � — ��R'�°�°�- — — _ 'I I , I`.— — � � , � i i . \ i � � i i i . i i � \i� � � � i , .m � � �i. \ i�, i � i I � �� .�a � I I / � � � � � I I �_ � � i � \ I � _ �� - - - - - - - - 4- - - - - - — — �� . � ��•.,� . 6�e�. � b � $ �� . . � � ��. . �`��" �°''�""""'E JOE MAILHOT PA.lmt�Ap wrw.a.�r■w.eueoos PROJEGTiJUMDFJt(�6-t7P) DaAwNev: ,�R�MY6. �y f4 ffi�l6bM FYTM�TA DAtE 8/'1�/2015 �� 6UILDINGDESCRlPiION: 40'-0°X 60'-O"X 16'-O" �°1°'°°'�"�'��'� DE5IGNNUM6ER:P'16064 �T 2 � 3 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing is the original document, thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporat�e seal of the City this 21 st day of January, 2016. � . . ,� -- •'�'J,k �'�,� � '��_� �'� _� !� �` � i ne Tiegs;��`ity� Clerk . i ' `� � , „ �,. �_ ��' ° �. ,. %• ,p �- �4lf ��r .'�, .�4\�t i Q,°'�� . � � '��! "" �.f�'� ' . 61 �..i'. . ...'��,,.,,`. ..