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Home My WebLink AboutResolution 6604 ' a II I II I 11111 11 11 1 1111 II II Doc No A10606166 Certified, filed and/or recorded on Oct 29, 2018 11:47 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 132 Pkg ID 1753242E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. r RESOLUTION OF THE CITY COUNCIL NO. 6 60 4 A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTION 78-350 FOR PROPERTY LOCATED AT 3438 LYRIC AVENUE — FILE NO. 16-3811 WHEREAS, Landsource, LLC, a Minnesota limited liability company (hereinafter the "Applicant") is owner of the property located at 3438 Lyric Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lot 23, Block 5, NAVARRE HEIGHTS, Hennepin County, Minnesota (hereinafter the "property'; and WHEREAS, on March 3, 2016 the Applicant made a complete application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 in order to construct a new residence on a lot of 6,715 s.f. in area and 50 feet in width where the minimum lot size requirements are 21,780 s.f. in area and 100 feet in width; and WHEREAS, on March 21, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Planning Comm- fission 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 21, 2016, the Planning Commission on a vote of 5-0 recommended approval of the variances; and WHEREAS, on April 11, 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. Page 1 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 d A2. The Property is located within the LR -1C Single Family Lakeshore Residential District which requires a minimum lot area of 0.5 acres (21,780 s.f.) and a minimum lot width of 100' for construction of a single family residence. A3. The Property is 6,715 s.f. (0.15 acres) in area and 50 feet in defined width, and contains an existing single family residence. The property is considered as legally nonconforming with regard to lot area and lot width. A4. The property is located within Storm Water Overlay District Tier 3 which allows 35% hardcover for conforming lots. In order for a nonconforming lot to qualify for avoidance of the need for area and width variances for redevelopment, the lot would be limited to 25% hardcover. A5. The applicant is proposing to remove the existing residence structure and replace it with a new residence. When applying for the demolition and building permits, applicant was advised that either hardcover would be limited to 25%, or a lot area & width variance application would be required in order to increase that to 35%. Applicant determined that keeping to the 25% limitation would severely restrict the driveway, decks, sidewalks, and potential other amenities desired, hence this application. Setback, height and structural coverage limits will be met; hardcover is proposed at 28.1% where 35% would be allowed if the variances are granted. A6. The Navarre Heights neighborhood consists of single family homes located on Lyric Avenue, Livingston Avenue and Crystal Place, between Shadywood Road and Blaine Avenue. In this neighborhood, 42 homes are on single lots virtually identical in size and shape to the applicant's lot; 22 homes are on double lots; 5 homes are on triple lots; and one home is on a combination of 4 lots. AT The applicant's property has contained a single family residence for many decades. The ability to rebuild on the property in the same manner as other existing developed properties in the immediate neighborhood would be limited if the area and width variances are not granted. The applicant's proposed site plan indicates all required LR - 1C setbacks will be met, and the proposed house is well under the 1500 s.f. structural coverage allowance for lots less than 10,000 s.f. in area. A8. The property abuts the City's Navarre playground, which is partially screened from this property by a row of arbor vitae along the west line of the park. Additionally, applicant's property contains two mature oak trees (30" and 36") which provide afternoon shade to the park. While it is hoped that one or both of these trees can be preserved during the demolition/rebuild process, neither tree is specifically protected under City ordinances. A9. 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 Page 2 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 66ozi 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. VARIANCE ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." Single family residences are a permitted use within the LR -1C zoning district B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The proposed residential principal structure is a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 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 size of the lot is below the minimum lot size standards of the Zoning Code. The plight of the property owner is due to the existing substandard lot size, which is a result of the property being platted as part of the Navarre Heights subdivision in 1909, long before local zoning codes were in effect The Navarre Heights neighborhood consists of lots typically 50 feet in width and 130-145 feet in depth. Over time these lots have been developed for individual homes singly or in combinations of 2 or 3 lots together. Construction of a single family residence on a single lot in this neighborhood will not be inconsistent with the character of the surrounding 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. Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6o 4 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 is an allowed use in the LR ICDistrid 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. "The special conditions applying to the structure or land in question are peculiar to such properly or immediately adjoining property." The lot size and hardcover restrictions applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The standards applicable to this property apply to all other property in the neighborhood; however, in order to be allowed the 35% hardcover that other developed similar -sized lots are afforded, granting of a variance to lot area and width is required B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property rights of the owner will be diminished if the variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar -sized lois are allowed 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." Granting of the variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning coda B12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variances will alleviate a practical difficulty by allowing the property to re -develop under the same hardcover allowance as other similar sized developed lots in the neighborhood 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 new residence on a lot of 6,715 s.£ in area and 50 feet in width where the minimum lot size requirements are 21,780 s.f, in area and 100 feet in width, subject to the following conditions: Page 4of6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 660zi 1. Council approval is based on the survey and site plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Hardcover on the property shall not exceed 35%. Any amendments to the approved survey or site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 3. Applicant 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 Owner, 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 (April 11, 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 Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owners and the Owners' 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 the 11th day of April, 2016. Property Owner(s) A• irc C ,c,ktl , Lili Tod McMillan, Mayor Page 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN, CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N O . 6 6 e r' This instrument was acknowledged before me this _ day of , 2016, by Jamison Kohout, the of Landsource, LLC, on behalf of Landsource, LLC. Page 6 of 6 SCALE : 1" - 20' Legal Description: LOT 23, BLOCK 5. NAVARRE HEIGHTS, -- HENNEPIN COUNTY, MINNESOTA (9Tses) Y GARAGE FLOOR ELEVATION 74.18 ; TOP OF FOUNDATION ELEVATION.GARACE WIN) # TOP OF FOUNDATION ELEVAMON HOUSE - MM"83J = BASEMENT FLOOR ELEVATION NOTES: 1. DROP GARAGE I -COURSE 2. V ? 4" POURED FOUNDATION 1. No spWft sans Inveuftation has been performed on this lot by the surveyor. The sultaWllty of the sills to support the specific house Is not the resporrsl6ility of the vjnN yor. 2.No title Inkrmation was provkled I& #ft surmy. This suray dam not purport to show all easerrlerrts of record. 3. See ardhi 00turaf Plana far final building di nerslons. CO MLMHO ENMMM ROBE PL4011M and LAND SL 1INGNIGERVIG COMPRNY, W. EAST 1440 ST4 sIL 241% 9UWISVNAA IMI 55W L:L:K f IVIUATE OF SURVEY AREAS: LOT AREA, G.715 5Q. FT. H0U5E AREA; 1,194 5Q. FT PORCH AREA: 38 50. FI'. PATIO AREA: 80 50. Fr. 51DFWALK AREA: 70 5Q. FT. DRIVEWAY AREA: 502 5Q. Fr. TOTAL IMI°ERVIOU5 AREA: I .884 SQ, ILT. (28.OG%) NOTE: EXISTING TOPOGRAPHY GENERATED FROM FIELD SHOTS TAKEN BY PROBE ENGINEERING ON 11,24-15. NOTE: THIS SITE IS LOCATED IN TIER 3 OF THE STORMWATER QUALITY OVERLAY DISTRICT. REVISED 02-29-18: REVISED DRIVEWAY, SIDEWALK AND ADD PATIO. REVISE AREA CALCULATIONS FOR PROPOSED VARIANCE APPLICATION. EX15TING LEGEND 000-0 i)ENOTES EXISTING El"AMON (000.0) DENOTES PROPOSED ELEVATION 00" DENOTES AS BUILT ELEVATION -a*- DENOTES DIRECTION OF SURFACE DRAINAGE • DENOTES IRON MONUMENT FOUND O DENOTES IRON MONUMENT wr ■ DENOTES WOW HUB 0 DFJ40TES NAIL ® DENOTES E?USTM ELECTRIC BOX 0 DENOTES EXISTING COMMUNICATION SOX DENOTES EXISTING POWER POLE LPO DENOTES 90TiNG UC+ff POLE 0 DENOTES EXISTING SioRM MANHOLE 0 0 DENOTES EXISTING CATCH SASIN Q DENOTES EXISTING FES. DENOTES EXISTING HYDRANT 0 DENOTES EXISTING SERVICE OR CLEANOUT ® DENOTES EXISTS SANITARY MANHOLE LOT- Z DENOTES EXISTING CONSERVATION) POST OR WET LAND BUFFER POST OOO.d�` DENOTES MUTING TREE C = - C DENOTES EXISTS RETAINING WALL �3 DENOTES PROPOSED RETAINS WALL f'N Y DENOTES ExISTING TREELIKE -------- DENOTES 00TING FENCE 1. No spWft sans Inveuftation has been performed on this lot by the surveyor. The sultaWllty of the sills to support the specific house Is not the resporrsl6ility of the vjnN yor. 2.No title Inkrmation was provkled I& #ft surmy. This suray dam not purport to show all easerrlerrts of record. 3. See ardhi 00turaf Plana far final building di nerslons. CO MLMHO ENMMM ROBE PL4011M and LAND SL 1INGNIGERVIG COMPRNY, W. EAST 1440 ST4 sIL 241% 9UWISVNAA IMI 55W L:L:K f IVIUATE OF SURVEY AREAS: LOT AREA, G.715 5Q. FT. H0U5E AREA; 1,194 5Q. FT PORCH AREA: 38 50. FI'. PATIO AREA: 80 50. Fr. 51DFWALK AREA: 70 5Q. FT. DRIVEWAY AREA: 502 5Q. Fr. TOTAL IMI°ERVIOU5 AREA: I .884 SQ, ILT. (28.OG%) NOTE: EXISTING TOPOGRAPHY GENERATED FROM FIELD SHOTS TAKEN BY PROBE ENGINEERING ON 11,24-15. NOTE: THIS SITE IS LOCATED IN TIER 3 OF THE STORMWATER QUALITY OVERLAY DISTRICT. REVISED 02-29-18: REVISED DRIVEWAY, SIDEWALK AND ADD PATIO. REVISE AREA CALCULATIONS FOR PROPOSED VARIANCE APPLICATION. EX15TING Resolution GARAGE EX15TING 7v S89*48"02 Exhibit A 50.00 ARAGE (972.3) 972.3 _ ftsi5, 972.9 CE 72.4 MPL vet Fr -- EXISTING GARAGE t% / i• it A I ±.. � �_ �::. ;�, b,! 3.T7 LOT- Z t 978.8 `J 9710 }% a M% K' to ! r l r f s ton U CL SN i CL ,r, g TI \ a °'• `+'' r 74.1) X10. 5 PR(S?P0,dF-D J t T 974.2 11.08 NJ f.1 H005E// r72 ST4.1 A kkK 3% f.rip EXISTINGW � ° Yr` -- &17 ll L � 1.38 � F=ltU�ARAGE as 74 977.29 DROP -IC 973.7 10.00 22 off C { (973.93) J9 .4 1. 1 E � { I1 972.7 i REVISED 014)5-16: REVISED DRIVEWAY, SIDEWALK AND AREA CALCULATIONS. REVISED 11-30-15: ADD PROPOSED GRADING CONTOUR$. IL,972.28 � TIER 3 INFORMATION AND TOPOGRAPHY NOTES. 97 LYRIC AVENUE I hereby certify that this Is a true and correct representation of a tract as shown and described hereon. As prepared by me this 25TH day Of NOVEMBER, 2015 RUSSELL P. DAMLO aF arrwln►oub - - 9sa.es PREPARED FOR: FIELDSTONE FAMILY BIOMES RECEIVED MAR q-1 2016 CITY OF ORONO PROJECT NO, 15875.00 P. Muni OU'r