HomeMy WebLinkAboutResolution 6601CITY OY ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6601
A RESOLUTION
APPROVING VARIANCES FROM
ORONO MUNICIPAL ZONING CODE
SECTIONS 78-350; 78-1403; AND 78-1700(1)
FOR PROPERTY LOCATED AT
2024 SHADYWOOD ROAD
— FILE NO. 15-3792
WHEREAS, John P. Kieffer and Benjamin E. Kieffer, married, (hereinafter the
"Applicants") are owners of the property located at 2024 Shadywood Road within the City of Orono
(hereinafter the "City") and legally described as follows:
Lot 4, Gust S. Johnson's Addition, Hennepin County, Minnesota and Part of Lot 5, Gust
S. Johnson's Addition described as follows: Commencing at a point on the North line of
Lot 5, said point being 101.1 feet Westerly of the Northeast corner of said Lot 5; thence
Westerly along the Northerly line of said Lot 5 a distance of 129.9 feet to the Northwest
comer of said Lot 5, according to the survey and stake set by Surveyor C.F. Sandhoff on
November 5, 1936; thence Southerly along the Westerly line a distance of 1.8 feet to an
iron pipe set in concrete; thence Easterly a distance of 129.9 feet to the point of beginning,
Hennepin County, Minnesota. (Hennepin County PINS 17-117-23 31 0011)
(hereinafter the "property"); and
WHEREAS, on October 20, 2015 the Applicants made application to the City of
Orono for variances to Orono Municipal Zoning Code Section 78-350 to allow construction of a
detached garage located 5 feet from the side lot line where a 10' side setback is normally required;
and a variance to Section 78-1403 to allow structural coverage on the property of 1,875 s.f. or 20.2
% where only 1,500 s.f of structure is normally allowed; and a variance to Section 78-1700(1) to
allow 32.8% hardcover on this Tier 1 property where only 25% hardcover is normally allowed;
and
WHEREAS, on November 16, 2015, and again on January 19, 2016, after published
and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Planning
Commission held public hearings with regards to the requested variances, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
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RESOLUTION OF THE CITY COUNCIL
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WHEREAS, after the November 16 meeting at the recommendation of the Planning
Commission the Applicants revised the application from an attached garage to a detached garage;
and
WHEREAS, at its January 19 meeting the Planning Commission recommended
approval of the variances associated with the revised request; and
WHEREAS, on February 8, 2016, 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 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 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.
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 feet.
Detached garages are a permitted use in the LR -1 C District.
A3. The Property is 9,267 s.f. (0.21 acre) in area and 38 feet in defined width at the OHWL and
41 feet in width at the street.
A4. 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.
A5. This property was the subject of variances to allow a teardownlrebuild in 1987. The
approval at that time limited the property to 2138 s.£ hardcover including the 0-75' and
75-250' zones. The property currently contains 2,956 s.f. or 31.9 % of hardcover overall,
the majority of which is outside the 0-75' zone. The difference in what was approved in
1987 and what exists today is primarily in the bituminous parking area north of the garage,
which apparently was added at some point since 1987. The existing 16'x24' (388 s.f.)
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RESOLUTION OF THE CITY COUNCIL
NO. 6 6 Q 1
detached garage is served by a short driveway, forcing the owner to back out into traffic
on Shadywood Road. The additional paved area existing along the north side of the garage
provides for additional parking.
A6. Removal of the existing garage and replacement with a larger detached garage further back
from the road requires additional hardcover in order to reach the road, but also provides for
a 10' x 12' backup apron to allow the driver to leave the property moving forward rather
than backing out into busy Shadywood Road. The additional driveway has been minimized
to result in a hardcover increase of less than 1%, as compared to the 3.3% increase needed
for the original attached garage proposal. The proposed site plan will allow for greater
safety for the property owners.
A7. Structural coverage is proposed to increase by 162 s.f, from approximately 1713 s.f. to
1875 s.f., or from 18.5% to 20.2%. The property at less than 10,000 s.f in area is allowed
1500 s.f of structural coverage. The increase is primarily in the expansion from a 16' x
24' detached 1+ stall garage to a 22'x25' 2 -stall garage. The proposed garage size should
comfortably accommodate 2 vehicles and should allow for storage of lawn maintenance
and other residential storage needs, avoiding the need for additional accessory storage
buildings on the property.
A8. Overall, lot coverage and hardcover are increasing slightly in order to accomplish the goals
of having a safe driveway access situation and a fully functional 2 -stall garage. The
increases would only be minimally reduced if the garage was made smaller.
A9. The narrow width of the lot is a practical difficulty for addition of a garage meeting the 10'
side setbacks. Applicants have limited the proposed garage width to 22 feet and offset it to
the south side, requesting a 5' side setback where 10' would normally be required. The
neighbor to the immediate south has a detached garage approximately 17' from the shared
lot line, allowing for a 22' separation between these adjacent accessory buildings. The
proposed garage is approximately in line with the neighbor's garage, which should
minimize any `closed -in' feeling that neighbor might experience if applicant's garage was
moved further east at the proposed 5' side setback. The variance will allow for a 3' wide
sidewalk along the north side of the lot without having impacts on the neighbor to the north.
ANALYSIS:
Bl. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance ...." The proposed variances to allow the construction of a
detached garage on property zoned for single family use is consistent with the general
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RESOLUTION OF THE CITY COUNCIL
No,
X60 1
intent and purpose of the Ordinance. Detached garages are a common amenity associated
with residences and are an allowed accessory structure within the LR -1C 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 property
and surrounding properties in the Comprehensive Plan.
B3. "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:
i. 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."
ii. The plight of the landowner is due to circumstances unique to his property not created
by the landowner."
iii. The variance, if granted, will not alter the essential character of the locality."
The property owner is proposing to use the property in a reasonable manner but the specific
locational and surface & structural coverage aspects of the request are not permitted by the
Zoning Code. The plight of the property owner is due to having a house with an extremely
small and narrow lakeshore lot which is subject to standards expected of similarly located lots
of any size; the landowner did not create the small lot situation. Constructing a detached
garage as proposed is not anticipated to alter the character of the neighborhood, since detached
garages near the road are common in the Shadywood Road neighborhood.
B4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
B5. "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 condition is not applicable.
B6. "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." 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.
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RESOLUTION OF THE CITY COUNCIL
NO.
B8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The condition of having a detached garage on
relatively narrow lakeshore lots in the Shadywood Road area is common; however, this lot is
narrower than most other lakeshore lots along Shadywood Road, and presents a unique set of
conditions for development of the site.
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The unusually narrow width of the property is not common in the Shadywood
Road area nor in Orono generally, and therefore the conditions imposed by the City
ordinances are difficult to meet.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Having a garage in Minnesota is generally
necessary for the preservation and enjoyment of a substantial property right.
B11. "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." While the property
contains an existing detached garage, its location and driveway configuration do not provide
for safe access to Shadywood Road, and granting the variances will allow for a safer access,
enhancing safety rather than impairing it.
B 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable difficulty." Granting the variances in order to have a
garage is necessary to alleviate a demonstrated practical difficulty due to the unusually small
lot size.
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 Section 78-350 to allow construction of a detached
garage located 5 feet from the side lot line where a 10' side setback is normally required; and a
variance to Section 78-1403 to allow structural coverage on the property of 1,875 s.f. or 20.2 %
where only 1,500 s.f of structure is normally allowed; and a variance to Section 78-1700(1) to
allow 32.8% hardcover on this Tier 1 property where only 25% hardcover is normally allowed;
subject to the following conditions:
1. Council approval is based on the survey and garage concept design submitted by the
Owners and annotated by City staff, attached to this Resolution as Exhibit A, and the
approved hardcover calculation worksheet attached as Exhibit B. The garage shall be
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. a
limited to a 1-112 story design as depicted in the concept plan attached as Exhibit C, and
shall be consistent in exterior materials per the provisions of zoning Code section 78-1440.
Any amendments to the approved survey which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. The approved hardcover level of 32.8% shall be adhered to. Applicants shall remove all
hardcover items as proposed, to meet the approved hardcover percentage. An as -built
survey reflecting conformance to the approved plan and hardcover limitation shall be
submitted at the time of final inspection of the garage, and prior to refund/release of the
permit escrow.
3. A grading and drainage plan shall be submitted and approved prior to building permit
issuance to avoid impact to neighboring properties.
4. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed
District.
5. 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 permit for the project and
commencing construction of said project within one year of the date of Council approval,
or the variances will expire on that date (February 8, 2017).
6. 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.
7. 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:
—2 ""t
e Tiegs, City Cler
KKK
Lili Tod McMillan, Mayor
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Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNTEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
This instrument was acknowledged before me this
John P. Kieffer, husband of Benjamin E. Kieffer.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this
Benjamin E. Kieffer, husband of John P. Kieffer.
Notary Public
Page 7 of 7
day of , 2016, by
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RESOLUTION OF THE CITY COUNCIL
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21w6ertify that this report was prepared by me or urM my direct supervision and
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;amw.&_ ,Y. {PrxtAwj,
lames H. Parker P.E. & P.Q.S. leo. 9735
Step 2: PROPOSED iMRUCOVER
In the following table identify aii items of existing hardcover on the property, keyed by letter to
certificate of Survey (survey must accompany this form). Use as mann lines as necessary to
CITY OF ORO tion
RESOLUTION OF THE CITY C 1LG
NO. 6 6 0 c
-4 M