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HomeMy WebLinkAboutResolution 6642CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6642 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1403 FOR PROPERTY LOCATED AT 220 NORTHGATE ROAD - FILE NO. 16-3834. WHEREAS, Edward J. Dau and Michelle S. Dau, husband and wife (hereinafter "the Owners"), are owners of the property located at 220 Northgate Road within the City of Orono, and legally described as follows: EXHIBIT A attached (hereinafter the "Property"); and WHEREAS, on June 10, 2016 the Owner made a complete application to the City for a variance to Orono Municipal Zoning Code Section 78-1403 to allow lot coverage by structures of 45.7% or 3,544 s.f. where only 15% lot coverage by structures is normally allowed; and WHEREAS, on June 20, 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 all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 20, 2016, the Planning Commission on a vote of 5-0 recommended approval of the variance as presented; and WHEREAS, on July 11, 2016, the Orono 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: 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. 6642 A2. The Property is located within the R-1 A Single Family Residential District and was developed as a Planned Residential Development (PRD) known as Northgate Two, Northgate Two created building pads sized to accommodate the homes expected to be built, surrounded by a large common area of open space (Outlot C) that resulted in the overall R -1A development density of 1 unit per acre. Within the 7 building pads the owners are allowed to build to the property boundaries, per the provisions of the original PRD plat approvals, without any setback or lot coverage limitations. However, since 1989 the individual lots have technically been subject to the structural lot coverage standards of Zoning Code Section 78-1403 which allows lot coverage of 1500 s.ffor any lot less than 10,000 s.f. in area, but limits lot coverage to 15% for lots of 10,000 s.f. or greater and less than 2 acres. A3. The Owners plan to construct an addition to the rear of the existing attached garage, and have applied for a lot line rearrangement to contain said addition within the lot boundaries. The existing house, garage and pool area comprise approximately 3,328 s.f. and the proposed addition will add 216 s.f., yielding a final lot coverage of approximately 3,544 s.f. or 47.5%. A4. The Property is 0.17 acre in area and has a defined lot width of 92.5 feet. The property is considered as conforming to the development standards established with the creation of Northgate Two. A5. There are no wetlands associated with this application. The property is not within the Stormwater Quality Overlay District. A6. The lot coverage variance is justifiable based on the fact that the Northgate Two PRD established individual building pads and created common open space outlots commensurate with the zoned density, allowing each home to extend to the borders of its building pad without restriction of lot coverage. Therefore, the applicable code section limiting lot coverage on small lots should not be applicable to this PRD development. A7. In considering this application for a variance, the Council has considered the advice and recommendation of the Planning Commission 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. Page 2of6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 R -1A zoning district and allowed by the Northgate Two PRD approvals. The proposed garage addition will be within the newly established lot boundaries which meets the Northgate Two PRD standards. B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The existing structure and proposed addition are associated with 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 specific lot coverage aspects of the request are not permitted by the Zoning Code. The plight of the property owner is due to the Northgate Two PRD standards allowing full use of the lot while the subsequently adopted lot coverage ordinance does not address such PRD situations. The Council finds that he proposed additions will have no impact on the character of the neighborhood, as other homes in the neighborhood have been similarly developed within the boundaries of their established building pads. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Economic considerations are not a factor in this variance request. BS. "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 Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 64 2 defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. The proposed construction is an allowed use in RIA and in the Northgate Two PRD. B6. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The fact that Northgate Two is a PRD development makes this immediate neighborhood unique within the R -1A district and these special PRD conditions are not generally found within the R -1A district. B7 "The conditions do not apply generally to other land or structures in the district in which the land is located.." The conditions applicable to this property apply to all other building pads within the Northgate Two PRD neighborhood, but the condition of having a lot sized as a building pad with common open space established to create the normal setbacks is not common to the R 1A district in general. The lot coverage standards imposed by the City ordinance do not specifically address the Northgate Two PRD situation. B8. "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 variance is denied, since expansion of the residence meeting all established Northgate Two PRD standards could not occur. 139. "The granting of the proposed variances 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 variance would not impair health, safety, comfort or morals as it merely results in allowing the expansion of the existing residence commensurate with other homes in the neighborhood and has no net impact on the preservation of open space in the neighborhood. B10. "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 lot coverage variance will resolve a demonstrated practical difficulty created by the shape and size of the PRD building pad. 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 78-1403 to allow lot coverage by structures Page 4 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 64 2 of 45.7% or 3,544 s.f where only 15% lot coverage by structures is normally allowed, subject to the following conditions: 1. Council approval is based on the survey and site plan submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit B. 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. 2. This approval is based on the lot configuration and description resulting from the concurrent lot line rearrangement. 3. Applicants 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 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 (July 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 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 11 th day of July, 2016. ATTEST: I e Tiegs, City Cl k Lili Tod McMillan, Mayor Page 5 of 6 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 4 2 The foregoing instrument was acknowledged before me this day of , 2016, by Edward J. Dau, husband of Michelle S. Dau. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 2016, by Michelle S. Dau, wife of Edward J. Dau. Notary Public Page 6 of 6 Resolution Exhibit A LEGAL DESCRIPTION OF PROPERTY Lot 1. Block 7, NORTHGATE TWO, Hennepin County, Minnesota except that part thereof described as follows: Beginning at the northwest comer of said Lot 1; thence South 20 degrees 00 minutes 00 seconds West, assumed bearing, along the west line of said Lot 1 a distance of 5.06 feet; thence South 79 degrees 46 minutes 41 seconds Last 29.90 feet to the north line of said Lot 1; thence North 70 degrees 00 minutes 00 seconds West along said north line distant 29.47 feet to the point of beginning. Together with that part of Outlot C said Northgate Two described as follows: Beginning at the northeast comer of said Lot 1; thence North 62 degrees 55 minutes 07 seconds West, assumed bearing, a distance of 26.66 feet; thence North 79 degrees 46 minutes 41 seconds West 19.36 feet to the north line of said Lot 1; thence South 70 degrees 00 minutes 00 seconds East along said north line distant 45.53 feet to the point of beginning. 5 t9^699P H'J97.au D '}�i1 >S• 4 �S� + I� M w t g Q0A eve fLuyDTpl61. 15f� � �---a.raovyc F Ibky Eau+amat Detail I e-20' rs --------------------- / ar ..h„ 1 a, / i / b•��..00 go �V Q WEST 10a0D NOT ALL 1WWVrWNT5 LOCATM s I I w � I EAST 1 DD.DDtL I I �<iae6 I # 'DSS 87`25'W' W aSOM c L=7024 A'S2'4�/kU' O MATCHLINF M w w CEL A ee dwdrd rhlar L ara#71 r,awdpe rrrm r. Baer ]. acamra rev lfardco—Lot 1, Blend 7 ,•— 4 Geroge - 2659 y1 R Wae 2M s4 R Dineen= fl73- R Cdiamre = 295 m R Plod darF - 669 sq h, es—=9 t ToWr_ =099 �wR Lor r'u 7.462 sq R Fsra 9"G = 54.8% ae— Hentcorar pancel2 Hasa 6 Garage a 2859 sq t PmP, Pddffon = 218 sq.8 Welk=2110e4t Orivw- 1w aq t Concrete •295sgt Pmt deck 668 aqt Pa"E -96"0 Total - 4356aat Lor oma s 7.462 eq n PercaeLege - 57.6% LOT DIVISION FOR: CYCLONE CONSTRIMMON d, Nsolution Exhibit B ExisUng Descriptions of affected parcels ' I Lot 1, Block 7, NORTHGATE TWO, Ha ha* County, Minnesota. am Outld C, NORTHGATE TWO, Hennepin County, Mlnnesdte. Proposed Legal Descriptions PARCEL A-- }75 alum feet) •Pnrthn of OVIM 0 to be deeded to Lot 1, &oak 7- Tlhd Ihrt dOrebl G. NORTHGATE TWO, Hennepin Clney, Mlrmesda dau Wed as Totowa: Bspkrhg d to ndh"st tamer dim i, alma 7, NORTHGATE TWO. Hennepin Lolady, Mlrrede; teraae North 92 degmw be minutes D7 woords WmL amen=d b"mgy a dblenm d26A6 feet; fhmm North 79 Aagmes 46 minutes 41 aemn*v VAM 19.26 feetto the north foe of=ld Lot 1; Ihmoe South 70 degrees 00 minuhe 00 seconds Fid dam mkt north Fine dclmi45.69 hal to the paint dhegki ing. S' PARCEL Bc (76squamfeel) 4'01`!len Of Lot 1. B1Ddr 7 W be deeded to Ougnl C. That pmt of Lot 1. Mosk 7, NORTHGATE TWO, Hannepii Gaunly, Minnesota dowibad se folowc Smglrfrg at this rnNwMal comer at geld Lot 1: turns Soh 20 fisgrema 00 mimdas 00 smands Wort, assumed bmring. slang the weal rine or mid Lor 1 a dlsbwr s of WE feat lhenrn South 79 degrees 48 minutes 41 aerads East 29.90 feet to to north line chard Lor 1; trees North 70 degrees 00 whites 00 seconds Worst along said north line dialed 29A7 fast to rim pokdof IhWn*g. PARCEL 1: Oulol C, NORTHGATE TWO, Hennepin County, Mlnruwla MWherwith That pad of Lar 1, Block 7, NORTHGATE TWO. 1lemtapin County, Mkmesetm dmot*d salon a - Beginning tithe nottMresl corner of odd Lot 1; tunas South ZO degrees W mhais 00 aecwda West smtmud berfrg, along the weal ins Of SM Lal 12 Bahr 4609 feat tenor South T6 dayees 4e mWAN 41 awards ESN 29.90 fent in to north fine of sold Lot 1; Bunce NaOh 70 degrees 00 minutes 00 "Duds Weal long add north On distant 29.47 Teal to the pmM of boormi g. Emaptthetpan deaitl OmtolGdmrlbetl ea rotas®: 8apnhfrg althe rrshtlned Dovhhmoth:i ealtl Lal1; herons NoNn 6'1 degrees SS htdnuhs gl semntls Wast, s=rarhed baedrg, a dkhnae ot26Be hot; tuna North 79 41291`11,01146 a bNM 41 seoonds Wad 1939 test to IN north h iia of sold LA 1; ehncce Shah 70 dsgrem 00 mhwles 00 ascends Eau Nwng Bald with I ne dslard4a.Z3 feel" to point of beginning. PARCEL 2: Lott. Block?. NOR'f71GATE TWO, Hennepin Cmkq MIs sdaexcWthdpertthemddeerind" foloam: Beginning at the norlhwasl conerd"d Lot 1: tante South 20 degrees 00 minutes 00 samhde Wash assumed bearing. slag texmt shed=id Lot 1 a dhhnea d 5M feet than SUM 78 degrees 46 mhartes 41 seconds Emi 29.90 feu n t e nmh Ins of std Lot 1; terse North 70 dogrs" 00 mkM= W seconds Wed done mH nems Ire ddrd2DA7 feet to rite gait d he�sing. TogMhorxOhtetpartd Ohdb[CaWd NoogeteTwadmmbWAefbbm Bagkalrg MdhenMead comer at said Lot 1; thence North 62 dsgnaec 65 mkad= W aamndo Wmi4 smarted bearing. a d Wm of 26.68 hat Ranco North 70 dogmas 48 minutes 41 rer"ds West 10.50 featly the north line d "Id Lm 1; tharse South 70 degrme 00 minus no emcondc East a" "Id north line dldfm4669 fed to the pointof beginning. MISCELLANEOUS NOTES (ED PNPWWAditm Lor 1, Blocic7:71L Nathgsle M%Orem, MN wD Nw.: ae-11ta49�1141061 MN2 PMWty Address 0" C: Llnenlgned Address, Oran, MN M No. : W116J8-41-00.53 A4Ff9 Not au hnpmranent, bemki. ALTAIACSM Land Title Survey The Day ma— wRo shown are tan plate of record rknamadon provded 6S' dlent I mdy tettda plm, epeoticotlan, or POW wee pmMW by an or under my disci suprvfslon sot tut 1 am a duly Llmeeed led$lr"M radar the hwa tea State of Mlnne le. pend Jlam 24.2016. Prepared hrr: The wGroup. Ise tl.da /t LLaiSuurveyeysN 7801 73MAvemue nue N. Broukhm Perk MN 65426 8d�ed- UK� Ciepory Raglclraten No, 24982 Fin rh F.&Rw1aaa,10 wv.asms rH.^v4MeMareetm. bvW.��-]ahrr-]rvAi] i 6 in 4nmel,re ..w. S 89.44.40" W SOAR EV fu cs } cs R 6 _ 8 w z \ \ N 89'440' E 60.00 MATCHLINF M w w CEL A ee dwdrd rhlar L ara#71 r,awdpe rrrm r. Baer ]. acamra rev lfardco—Lot 1, Blend 7 ,•— 4 Geroge - 2659 y1 R Wae 2M s4 R Dineen= fl73- R Cdiamre = 295 m R Plod darF - 669 sq h, es—=9 t ToWr_ =099 �wR Lor r'u 7.462 sq R Fsra 9"G = 54.8% ae— Hentcorar pancel2 Hasa 6 Garage a 2859 sq t PmP, Pddffon = 218 sq.8 Welk=2110e4t Orivw- 1w aq t Concrete •295sgt Pmt deck 668 aqt Pa"E -96"0 Total - 4356aat Lor oma s 7.462 eq n PercaeLege - 57.6% LOT DIVISION FOR: CYCLONE CONSTRIMMON d, Nsolution Exhibit B ExisUng Descriptions of affected parcels ' I Lot 1, Block 7, NORTHGATE TWO, Ha ha* County, Minnesota. am Outld C, NORTHGATE TWO, Hennepin County, Mlnnesdte. Proposed Legal Descriptions PARCEL A-- }75 alum feet) •Pnrthn of OVIM 0 to be deeded to Lot 1, &oak 7- Tlhd Ihrt dOrebl G. NORTHGATE TWO, Hennepin Clney, Mlrmesda dau Wed as Totowa: Bspkrhg d to ndh"st tamer dim i, alma 7, NORTHGATE TWO. Hennepin Lolady, Mlrrede; teraae North 92 degmw be minutes D7 woords WmL amen=d b"mgy a dblenm d26A6 feet; fhmm North 79 Aagmes 46 minutes 41 aemn*v VAM 19.26 feetto the north foe of=ld Lot 1; Ihmoe South 70 degrees 00 minuhe 00 seconds Fid dam mkt north Fine dclmi45.69 hal to the paint dhegki ing. S' PARCEL Bc (76squamfeel) 4'01`!len Of Lot 1. B1Ddr 7 W be deeded to Ougnl C. That pmt of Lot 1. Mosk 7, NORTHGATE TWO, Hannepii Gaunly, Minnesota dowibad se folowc Smglrfrg at this rnNwMal comer at geld Lot 1: turns Soh 20 fisgrema 00 mimdas 00 smands Wort, assumed bmring. slang the weal rine or mid Lor 1 a dlsbwr s of WE feat lhenrn South 79 degrees 48 minutes 41 aerads East 29.90 feet to to north line chard Lor 1; trees North 70 degrees 00 whites 00 seconds Worst along said north line dialed 29A7 fast to rim pokdof IhWn*g. PARCEL 1: Oulol C, NORTHGATE TWO, Hennepin County, Mlnruwla MWherwith That pad of Lar 1, Block 7, NORTHGATE TWO. 1lemtapin County, Mkmesetm dmot*d salon a - Beginning tithe nottMresl corner of odd Lot 1; tunas South ZO degrees W mhais 00 aecwda West smtmud berfrg, along the weal ins Of SM Lal 12 Bahr 4609 feat tenor South T6 dayees 4e mWAN 41 awards ESN 29.90 fent in to north fine of sold Lot 1; Bunce NaOh 70 degrees 00 minutes 00 "Duds Weal long add north On distant 29.47 Teal to the pmM of boormi g. Emaptthetpan deaitl OmtolGdmrlbetl ea rotas®: 8apnhfrg althe rrshtlned Dovhhmoth:i ealtl Lal1; herons NoNn 6'1 degrees SS htdnuhs gl semntls Wast, s=rarhed baedrg, a dkhnae ot26Be hot; tuna North 79 41291`11,01146 a bNM 41 seoonds Wad 1939 test to IN north h iia of sold LA 1; ehncce Shah 70 dsgrem 00 mhwles 00 ascends Eau Nwng Bald with I ne dslard4a.Z3 feel" to point of beginning. PARCEL 2: Lott. Block?. NOR'f71GATE TWO, Hennepin Cmkq MIs sdaexcWthdpertthemddeerind" foloam: Beginning at the norlhwasl conerd"d Lot 1: tante South 20 degrees 00 minutes 00 samhde Wash assumed bearing. slag texmt shed=id Lot 1 a dhhnea d 5M feet than SUM 78 degrees 46 mhartes 41 seconds Emi 29.90 feu n t e nmh Ins of std Lot 1; terse North 70 dogrs" 00 mkM= W seconds Wed done mH nems Ire ddrd2DA7 feet to rite gait d he�sing. TogMhorxOhtetpartd Ohdb[CaWd NoogeteTwadmmbWAefbbm Bagkalrg MdhenMead comer at said Lot 1; thence North 62 dsgnaec 65 mkad= W aamndo Wmi4 smarted bearing. a d Wm of 26.68 hat Ranco North 70 dogmas 48 minutes 41 rer"ds West 10.50 featly the north line d "Id Lm 1; tharse South 70 degrme 00 minus no emcondc East a" "Id north line dldfm4669 fed to the pointof beginning. MISCELLANEOUS NOTES (ED PNPWWAditm Lor 1, Blocic7:71L Nathgsle M%Orem, MN wD Nw.: ae-11ta49�1141061 MN2 PMWty Address 0" C: Llnenlgned Address, Oran, MN M No. : W116J8-41-00.53 A4Ff9 Not au hnpmranent, bemki. ALTAIACSM Land Title Survey The Day ma— wRo shown are tan plate of record rknamadon provded 6S' dlent I mdy tettda plm, epeoticotlan, or POW wee pmMW by an or under my disci suprvfslon sot tut 1 am a duly Llmeeed led$lr"M radar the hwa tea State of Mlnne le. pend Jlam 24.2016. Prepared hrr: The wGroup. Ise tl.da /t LLaiSuurveyeysN 7801 73MAvemue nue N. Broukhm Perk MN 65426 8d�ed- UK� Ciepory Raglclraten No, 24982 Fin rh F.&Rw1aaa,10 wv.asms rH.^v4MeMareetm. bvW.��-]ahrr-]rvAi] i 6 in 4nmel,re ..w.