Loading...
HomeMy WebLinkAboutResolution 6584 , , . �3�/� 1.�vr n s� �. . y Doc No A10311708 Certified, filed and/or recorded on May 4, 2016 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 1388376M Document Recording Fee $46.00 Document Total $46.00 � This cover sheet is now a permanent part of the recorded document. �� . � • � � �O�O C ITY QF QRQNO RESOLUTION OF THE CITY COUNCIL ��l.q �.�'�� N�. �� � t7 � � kESHO� _ t A RESOLUTION APPROVING VARIANCES FROM ORONO MiJNICIPAL ZONING CODE SECTIONS 78-350, 78-1435,78-1438 AND 78-1511 FOR PROPERTY LOCATED AT 3414 LIVINGSTON AVENUE —FILE N0. 16-3801. WHEREAS, Carl E. Borg III and Caren G. Borg,husband and wife,(hereinafter the "Applicants")aze owners of the properry located at 3414 Livingston Avenue within the City of Orono (hereinal�er the"City")and legally described as follows: Lots 22 and 23,Block 2,NAVARRE HEIGHTS,Hennepin County,Minnesota (hereinafter the"properiy"); and WHEREAS, on December 15, 2015 the Applicants made application to the CiTy of Orono for variances to Orono Municipal Zoning Code Sections 78-350 and 78-1511 to allow construction of a detached garage located 25.2 feet from the front street lot line and in the required street yard where a 30-foot setback is normally required; and a variance to Section 78-1435 to allow said garage to encroach streetward of the front line of the principal residence structure; and a variance to Section 78-1438 to allow the garage to be located 8 feet from the existing open deck on the property where a 10-foot setback between structures is normally required; and WHEREAS, on January 19, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code,the Orono Planning Commission held a public hearing, at which time a11 persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 19, 2016, the Planning Commission on a vote of 6-0 recommended approval of the variances; and WHEREAS, on February 8, 2016, the CiTy Council reviewed the application and the recommendations of the Planning Commission and City staff. Page 1 of 7 • � , �O A ' 1 rO C ITY OF ORaNO RESOLUTION OF THE CIT'Y COUNCIL ��l-� �.�'~� N O. � J t� �r kESHO� NOW, TIiEREFORE, 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 this property: FINDINGS OF FACT: Al. The analysis contained within staff inemos 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. A2. The Property is located within the LR-1C Single Family Lakeshore Residential District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'.Detached garages are a permitted use in the LR-1C District. A3. The Property is 9,031 s.f. (0.21 acres) in area and 101 feet in defined width. A4. In considering this application for variances, the Council has considered the advice and recominendation 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, da.nger of fire, risk to the public safety, and the effect on values of property in the surrounding area. A5. The applicants have owned the existing residence since 2001 and propose to conshuct a 20'x20' detached 2-stall single-story garage.The property is considered as a comer lot and currently does not have a garage. The proposed garage will be located just southeast of the house,25 feet from the street lot line where a 30-foot setback is required and approximately 13 feet nearer the street than the house. The min.imal garage size and proposed location a11ow for the garage to meet the 15-foot required side street setback from Shadywood Road. The proposed garage will be appro�mately 8 feet from the deck platform where a 10' setback between structures is required. A6. With regard to the front/ street setback variances, the triangular shape of the lot coupled with the location and orienta.tion of the existing residence and its deck, create practical difficulties for siting a detached garage on the property. Pushing the proposed garage further north (in an attempt to reduce or eliminate the variance for an accessory structure neazer the road than the principal structure)necessarily forces it to move neazer the house and onto the deck azea in order to maintain the required 15' side street setback. Removing the deck and attaching the garage would likely result in significant changes to the house and is not the desire of the applicant. Alternatively, locating the detached garage less than 15' from Shadywood Road is also not desirable and would not be supported by staff. Page 2 of 7 , , ' . �0�� C ITY OF �RONO RESOLUTION OF THE CITY COUNCIL ��� �.�'~� N O. � � � , � �. kESH�� A7. At 20' x 20' the detached garage is generally as small as a 2-stall garage can be while still being functional. A review of the immediate Livingston Avenue neighborhood indicates that wlule a majority of detached garages are located in rear or side yards, a variance was granted in 2002 for a detached garage in front of the house for the property to the immediate west at 3422 Livingston. In that case the 30' front setback was able to be met. A8. The proposed 25-foot street setback and 20' wide driveway will allow for parking of at least two vehicles in the driveway without encroaching into the right-of-way. A9. Regarding the structure-to-structure setback variance, the proposed gazage will be approximately 8 feet from the platform of the existing open deck on the property,and about 5 feet from the edge of the steps. The intent of the 10-foot separation requirement is two- fold: 1)to reduce the visual density of a site,and 2)to a11ow for access between structures. Because the deck is open and extends from the main floor,the visual impact of the proposed garage should be relatively minimal. Access to the rear of the lot should still be feasible around the east side of the lot. A 10. The applicant has very few options for revising the plan. Making the garage narrower,for instance as a 1-sta11 or 1-1/2 stall configuration,would allow it to move further back on the site without encroaching the side street setback. However,that likely would force it closer to the deck, and would decrease the functionality and storage space gained with a 2-stall garage. Angling the garage to be squaze with the house rather than square with the street might provide only minimal relief from the setback encroachments. The setback variances for the proposed gazage aze not extreme, and with such a difficult lot, unavoidable unless a very narrow and less functional gazage is constructed. While there is existing vegetative screening of the proposed gaxage location from Shadywood Road, and while that is primarily deciduous screening, no variance from the side street setback is proposed. ANALYSIS: B1. "Variances sha11 only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The proposed variances to a11ow the construction of a detached garage on property zoned for single family use is consistent with the general intent and purpose of the Ordinance. Detached garages are a common amenity associated with residences and are an allowed accessory structure within the LR-1 C zoning district. B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." Granting of the proposed variances to construct a detached garage to serve a single family residence is consistent with the residential guiding of this and surrounding properties in the Comprehensive Plan. Page 3 of 7 , . �O�V� �ITY OF ORQNO RESOLUTION OF THE CITY COUNCIL �� G�� � � � � 1, t'�kFsxo�`` N O. B3. "Variances may be granted when the applicant for the variance establishes that there are practical 'chfficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance,means that: i. The property owner in question proposes to use the property in a reasonable manner, however,the proposed use is not pernutted by the official controls." ii. The plight of the landowner is due to circumstances unique to his properiy not created by the landowner." iii. The variance, if granted,will not alter the essential character of the locality." The Applicants are proposing to use the Properiy in a reasonable manner very similaz to how it is currently and has historically been used,but the specific locational aspects of the request aze not permitted by the Zoning Code. The plight of the Applicants is due to having an extremely small and odd-shaped lot which as a result makes it impossible to meet all required accessory structure setbacks, a condition not created by the property owner. The Applicants have demonstrated that the lot size and shape as well as the location of the existing house and deck are all practical difficulties that make it impossible to construct a reasonably sized � detached garage meeting a11 code requirements. All of these circumstances pre-dated the Applicants' ownership of the property and were not created by the landowner. Further, granting the variances will not result in a garage that is out of character with the surrounding neighborhood. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval deterniination. B5. "Practical difficulties also include but aze not limited to inadequate access to direct sunlight far 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 condition is not applicable. B6. "The boazd 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." This condition is not applicable, as the use for a single family residence with accessory buildings is an allowed use in the LR-1 C District. B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable. B8. "T'he special conditions applying to the structure or land in question are peculiaz to such property or ixnmediately adjoining properiy." The condition of having a detached garage on Page 4 of 7 . , �o�o �ITY OF ORON� � RESOLUTION OF THE CITY COUNCIL y � �G�'� � r :, `� NO. � u� ft t kESHO� small rectangulaz lots in the Navarre area is common;the triangular shape of this lot is very uncommon and presents a unique set of conditions for development of the site as compazed to other lots which are more regular in shape. B9. "The conditions do not apply generally to other land or shuctures in the district in which the land is located." The triangular shape of the property is not common in the Navarre area nor in Orono generally, and therefore the conditions imposed by the City ordinances aze difficult to meet. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The ability to have a garage would appear to be necessary for the preservation and enjoyment of any substantial property right. B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrazy to the intent of this chapter." Granting of the proposed variances is not expected to cause any unpairrnent to health, safety, comfort or morals,and will be in keeping with the intent of the Zoning Code. B 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty." Crranting the variances in order to have a minimum sized garage is necessary to alleviate a demonstrated pra,ctical difficulty. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350 and 78-1511 to allow construction of a detached garage located 25.2 feet from the front street lot line and in the required street yard where a 30-foot street setback is normally required; and a variance to Section 78-1435 to a11ow said garage to encroach streetward of the front line of the principal residence structure; and a variance to Section 78-1438 to allow the gazage to be located 8 feet from the existing open deck on the property where a 10-foot setback between structures is normally required; subject to the following conditions: 1. Council approval is based on the survey and garage plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Ezhibit A, and the approved hardcover calculation worksheet attached as Ezhibit B. Any amendments to the approved survey which are not in conformity with City codes will require further Planning Commission and City Council review. Page 5 of 7 . . �-o�o C ITY OF QRONO RESOLUTION OF THE CITY COUNCIL ��l.y �.�'~� N O. � � � `� xEsxo� 2. An as-built survey reflecting conformance to the approved plan sha11 be submitted at the time of fmal inspection of the garage, and prior to refund/release of the permit escrow. 3. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 4. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a building pemut for the project and commencing construction of said project within one yeaz of the date of Council approval, or the variances will expire on that date(February 8,2017). 5. Violation of or non-compliance with any of the terms and conditions of this resolution sha11 constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and sha11 be punishable as a misdemeanor. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' 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 the 8th day of February,2016. ATTEST: f/� l . ' • ,a „ �' , � '�� ' e Tiegs, City Cler Lili Tod McM lan, Mayor Property Owner ) STATE OF MINNESOTA COUNTY OF HENNEPIN Page 6 of 7 . �-o�o ��T� c�F oRar�a RESOLUTTON OF THE CITY COUNCIL �``t ���' � '��sxo�-�' N O. � �^ �� This instrument was acknowledged befare me this�day of /' � 2016 b Carl E.Bor � y g III,husband of Caten G.Borg. ° MONICAA.FADNESS ' NOTAf2Y PUBLtC-MINN�SOTA . r�y co��o�,�res.�.s�.20» N Public STATE OF MINNESOTA COUNTY OF��;NNEpIl�i Tl�is ins�trument was acknowledged before me thi,s �?a�y af n�cl� 2016 b Carcn G. Borg,wife of Carl E. Borg III. —��'" ' y � RACHELDODGE ���� �C; � NOTARY PU81.1C-t�NNESOTA ' .�� �r c�r�ros,�,3�,2a2o Notary Public Page 7 of 7 i - ReSdu00fl E !5�lN� - Exhibit A CSRTIFICATE OF 3UBVEY FOR � /�{��jOV�D �ARAC. ON CARL BORG OF LO'f3 22 dc 23,gLOCg 2,1QAVARRE HSIGHTS HEDFNEPIN l:OiTNTY.]QNNffiOTA t�� �s� s,5' �A� � ,9 .�e. � �`��� O _ � )- �� ����o � fi��� �O �"'_�r •��` �o,� �+�, Nam. -_._ \���,\�� O� \ ` �° °' � � � �� . 9 � �- �r,, �� ' `, r � '9 � � � ��� � ., ` _ �� W \ � � �\� 90 pP�, � `� 22� �� ` '� \ W �4 .y � d a \� '�''ki,� � . � � �'6+��\\ �� ?a �'� "Ay��( � � � +V 3 +�� � o Q� � \ � , HEPM. CO. MON. O ri m Z ` � \ �` �� g M \ \ 21 �b '�� w � �� �� � '� EXISTNC r I � �� \\ �Q m o�� � ���HOUS� »�� � �\ ��' A_ - --' �,,, W � `�= (A) a4j�� /1 \'1' ��'� �� N l977�0"W 124i!Y�sIvM/t�14tVMiE I�n3 IJVNVGSTON AYENUE � � ' � � � DECK � \ ��J \\9A�\ ,tS�� � ts (e) �� ,.� . \ o ,g�z� $ ����.,, �\ ./ 66 o � � � �os�n \ �y �� G .....�... � \ � � �a�s�ar rim�rs� � � G� \ OR tw a ae tn asa L�avu��mns Z�iFl�la � �\�DYtD i ��. ��aSt� e: e.,ee.+wn�ar '� � pn,»: a.oe��Yy�....uva��.....r,� � � , F�� _�,,_< �...��.,....�..,»...�� RECENEc� : � � "��U���1''z- �\ _ � � � (�� �\ � e..tie.r�a.e..e w.�m�.r eeu.M1 � � � """�.�.0 a.°"��..�..�. DEC 15 Zb'� / � � (K) � ���.,..���.�,� � � � `CITYOFORONO /. p) °°� • `� � ���� RO1dHS G ND "�"'?:T"�' „� M�A — —— A330CIA'1'� INC...�..:'a:ir�""°"'r ------ m�� (� C f°" W°D "" N 89°50'40" W 124.86 Measured 124 NAVARRE HEIGHTS „... w. ,::. # 38 O� LIVINGSTON AVENUE M � �` J"=2a� � �� ��`. � � � � 5 � �:t , Resolution Gity�f Orono Exhibit B ���d����r ��f��t��io� ����a�� Propetty Address: � � 3�,�� «�,�•G��-�� �� . r�GR �� � �re�by: �,��,�.jB�.�' � ,�1.�'.��,�.r r��, o,a�c, °at�,: r .��,�� StonmNater Que�y O�e�ay DlsMct'fi+er(Ci�oraej Tier 1 71er Tier 3 Tier 4� Tf�c 6 �bep 2��p,...o.;J . tn the folbwktg tal�s,ld�ntify an�ms af proposed haMoovar on tfie proRertY,keyed by�er to Cer��Sunrey{�n+�ety must a4cat�pany th�s form).lndudo a!I�xistlng hs�dc�anr�r t�ns that ars I»tanded to r+�ria�t,�waelt as a�proposed hsrds�er items that w�t bs added. Uss aa ma�y�as r�er�sary�aoc�rrn�e�!►d�td Pr�opased harYlc�ovar status af the propsriy.For'Tlsr t propea�es,ida�lY any taa�ures by iett�whtch ar+e sp�t a!#he T5'semack�e and c�ate 1�rc�aover�qusre footage for ee�c:h ttbn. Swrv HaMcowr fts�n(Dsse�) I.�an�th x Miidth oiN wrs Fe 'x s.x. A &F. B �i ,i C �� � F. � � * S.F. E ro � .F. B.F. F i� O S.�. a �� s 1S w - 5.f N �� ✓ • .F. 1 .i � i S,F. J t� R� _ �" S.F. K �� C� 8. . � '' ^n x S. � s.�. � o s.�. p S.F. .F. S.F. s s. . T s. . U s.F. V 8.F. W & . X S,F. Y S.P. Z S.F. '1 T�a1 Hands�►�r 'r B.F. Ex�lu�isttle Hae�davtirer 8aa Cod�S�c�$.�! S.F, S:F. S.F. s.F. .F. 2 Tote�i�luc�te Hsrdcover F. Nat iia�doaver SWat�uct Me 2 fram t�e 1 Z 3�' S.F. 4 Total i.ot A� p Plopossd Haudc�ver P�r�a9g j(�1 f(4�� t a'.A��.'9G ���E� .tirxrwv 8C 20i3 0 rC � 8 �(l!'1 G CITY OF aR��• STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 8, 2016 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 21 st day of April, 2016. ,��:� %, � r� 4 �� 1 �:. �!.5t -�/� � 4Y'�'°",��'��� 6ae�$�yl`��S ��,s€,� ��'L' ��'r/ � 3 t /''� �.a-'�� �joaOtlJ�,•�/}. ��k�i7� a � y li��� � �IJh/�p�!,y� +/i. Ag,uv { r�... kD t�o�-' aO�+' �° � �-S� R.`'�. % e T.y \�'` F�, :' /) ; �-:, �...�:p t� ���.�e �. 0�. O / 1 . �.�. � .• Y� ` i �/'q �� � '{�.: dI' .� -:?��� �,, �1/tiy.�,�.C� i� a,a � - .o `- .'�y .ai��jr .s,:. .� f � . ti�.r���y 5�'��. C •�i`!e�a� �.� � 4 tiw��`���1��Q e � ��; �� r{_�';';'��'�'.� ��� .c �;;T .� •��,�,�,�a ��� � ,�,� �� � > o }�� s7�f � � ���'m1; f �.°_�,4dpr�r �y�T}'� d Y�� . ��1�'�� �'I'/�t Y ��'.�aA� B r +fM����� }�e�'"�d''�'',fi. �` , y 't�{` tY _x���y��. '`� �+�+• �BW����.,. . �F..