HomeMy WebLinkAboutResolution 6660CITY OF OR.ONO
RESOLUTION OF THE CITY COUNCIL
NO. 6664
A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE SECTIONS 78420, 78-1279 AND 78-1680
FOR PROPERTY LOCATED AT 140 LEAF STREET
- FILE NO. 16-3846
WHEREAS, Gregg Allen Katchmark and Rebecca Eve Katchmark, husband and
wife, (hereinafter the "Applicants'] are owners of the property located at 140 Leaf Street within the
City of Orono (hereinatier the "City'l and legally described as follows.
Tract C. Registered Land Survey No. 744, files of Registrar of Titles,
County of Hennepin, Minnesota aerei�er the "Property'); and
WHEREAS, the Applicants on June 23, 2016 made a complete application to the
City for variances to Orono Municipal Zoning Code Sections 78-420, 78-1279 and 78-1680 in
order to allow the comtc action of additions to the existing single family residence consisting of a
covered deck, stairs and enclosed storage area, such additions constitufft structure and hardcover
a portion of which will be located less than 75 feet from a protected tributary where no structure
or hardcover is normally allowed.; and
WHEREAS, on July 18, 2016 afkw published and mailed notice in accordm= with
Minnesota Statutes and the City Code, the Orono Planning Commission held a public hearing at
which titre all persons dewing to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, on July 18, 2016, the Planning Commission on a vote of 6-0
recommended approval of the variances as presented; and
WHEREAS, on August 8, 2016, the Orono City Council reviewed the application
and the recommendations of the Planning Commission and City staf
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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6660
A2. The Property is located within the RR I B Single Family Rural Residential District which
requires a minimum lot area of 2.0 acres and a minimum lot width of 200' for construction
of a single family residence.
A3. The Property is 0.62 acres in area, being 180 feet in defined width. The property is
considered as legally nonconforming with regard to lot area and lot width.
A4. The property is located within Storm Water Quality Overlay District Tier 1 which allows
25% hardcover. The proposed residence additions will result in total hardcover on the
property of 4,212 s.f or approximately 15.71/9, well below the maximum overall hardcover
allowance for the Property. Hardcover within the 0-75' zone where no hardcover is
normally allowed is 1,070 s.f.
AS. The applicants are proposing to reoonfigure an existing deck into a covered deck with
storage below, on the east side of the residence. The property abuts the creek that flows
from Lake Classen to Stubbs Bay which is a protected tributary and subject to a 75'
structure setback as well as the standard limitations on hardcover in the 0-75' zone.
Portions of the existing house, deck and patio are within 75' of the creek shoreline, which
normally exists at approximately the 960' contour, fluctuations being controlled by the dam
farther south just east of Leaf Street.
A6. The existing house is two levels with a flat roof, and the proposed deck area reconfiguration
will retain that styling. The construction will be occurring almost entirely over existing
patio, deck or driveway hardcover, and no hardcover increase is proposed. The additional
superstructure of storage area enclosure and deck roof constitute new structure within 75'
of the shoreline, requiring a variance for hardcover conversion and structure within 75' of
the creek.
AT The proposal to replace the existing deck in its existing footprint, add a roof over it, and
create enclosed storage under it, will not increase hardcover from the existing levels.
Existing and proposed hardcover at just under 16% is well below the 25% threshold for the
site, and no additional hardcover is being added in the 0-75' zone, so runoff from the site
is not expected to increase.
A8. The only new structure footprint proposed is the 4' extension of the deck southward and
the stairway leading to the driveway. This constitutes 46 s.f of added structural hardcover
in the 0-75' zone, while overall structural coverage on the lot will still be at only 5.5%,
well below the 15% limit.
A9. The proposed roof over the reconfigured deck will provide functionality while enhancing
the architectural styling of the existing residence. Because the proposed deck roof is well
below the 30' height limit, it is not expected to be visually intrusive from off-site.
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CITY
RESOLUTION OF 'TIM CITY COUNCIL
NO. 6 6 6 O
A10. Lots in the Swan Lake Addition (subdivided in 1959) which borders the creek, including
homes on Leaf Street and Cygnet Place, are typically s/4-1 acre in size. This area was
developed prior to the current 2 -acre zoning. The dam that created a pond from what was
initially a narrow creek, was constructed between 1956 and 1960 based on available
airphotos. At the time the applicants' home was constructed, the City would have not had
a 75' setback from the creek. Prior to 1992, the creek would have been considered as a
wetland for setback purposes, with a structure setback requirement of 26' and no hardcover
limitations.
All. 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.
VARIANCE ANALYSIS:
B1. "Variances shall only be permitted when they are in harmony with the general pwposes
and intent of the ordinance...." Single-family homes are an allowed use within the RR -
1B zoning district, and the proposed deck and storage area are common elements of
single family homes.
B2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan." The proposed construction is for 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 ofthe landowner is due to circumstances unique to his properly not created
by the landowner."
iii. The variance, if granted, will not alter the essential character of the locality.'°
The property owners are proposing to use the property in a reasonable manner but the
specific setback requirements of the Zoning Code relative to hardcover and structure
location result in the need for variances in order to construct the deck and storage area.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 66 60
The plight of the property owners is due to the location of the existing house, deck and
patio areas which based on available City records were created prior to the 1992
establishment of setback and hardcover standards relative to the tributary creek. The
property owner did not create this situation.
Reconfiguration of the deck and storage area as proposed is not anticipated to alter the
character of the neighborhood, as the proposed additions are in an area of the property
that already is covered by structures, and the proposed additions are not anticipated to
be visually intrusive.
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 sunligbt
for solar energy systems. Variances sball 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.
Bb. 'The board or the council may not pennit 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 applieable, as the use for a single fancily residence is an
allowed use in the RR 1B 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. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The conditions applicable to this property
are consistentwith all properties that abut protected iakeshore and protected tributaries
in Orono. However, the condition of having existing hardcover and structure within the
4-75' Shoreland setback zone is less common, and provides a basis for approval of the
variances that would otherwise not exist.
B9. "The conditions do not apply generally to other land or structures in the district in which the
land is located.". The conditions apply to many other homes on lots abutting protected
tributaries in the Orono which as a result of the required setbacka may have become
nonconforming under the new Shoreland standards adopted in 1992; but do not apply
to a majority of lots within the RR -IB district.
B10. `Fhe granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The existing hardcover and structure are
considered to be nonconforming but became so when the Shoreland standards were
adopted in 1992. The applicants have the right to retain and maintain the existing deck
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 66 60
and patio. However, approval of variances will allow for addtUonal storage below the
deck without having increasing any impact on hardcover or runoff from the site. The
proposed roof over the deck is anticipated to provide greater &ab7ity without any new
impacts on hardcover or runoff, and minimal if any impacts on the visual character of
the neighborhood.
B1 1. "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 be in keeping
with the intent of the zoning code.
B12. "The granting of such variance will not merely serve as a convenience to the applicant, bit is
necessary to alleviate demonstrable difficulty." The location of the existing home and deck
in relation to the creek is a practical difficulty, as adherence to the setback requirements
for structure and hardcover would disallow the intended upgrades and merely allow
replacement in kind of the existing deteriorating deck.
CONCLLSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby greats
variances to Orono Municipal Zoning Code Sections 78-420, 78-1279 and 78-1680 in order to
allow the construction of additions to the existing single family residence consisting of a covered
deck, stairs and enclosed storage area, such additions constituting stricture and hardcover a portion
of which will be located less than 75 feet from a protected tributary where no stricture or hardcover
is normally allowed, subject to the following conditions:
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 and the conceptual
building plans attached as Exhibit B. Any amendments to the approved survey, site plan
or building plans which are not in conformity with City codes or which require further
variances will require further Planning Commission and City Council review.
2. Applicants shall comply with the permitting requirements of the Minnehaha Creek
Watershed District.
3. 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
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 66 6 O
commencing construction of said project within one year of the date of Council approval,
or the variances will expire on that date (August S, 2017).
4. 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.
5. The undersigned Owners have read, undastand 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 August, 2016.
ATTEST:
a r
Tiegs, City Ci
Property Owner
V3.A #AL
Lili Tod McMillan, Mayor
Property Owner
6
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6660
The foregoing instrument was acknowledged before me this _ day of 2016, by
Gregg Allen Katchmark, husband of Rebecca Eve Katchmark.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of 2016, by
Rebecca Eve Katchmark, wife of Gregg Allen Katchmark.
Notary Public
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