HomeMy WebLinkAboutReso 6638 File No 16-3830 (1255 Dickenson St) , , ����
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Doc No A10339446
Certified, filed and/or recorded on
Jul 27, 2016 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 22 Pkg ID 1424288M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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C IT� O� aRaNO�
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE SECTIONS 78-420 AND 78-1403
FOR PROPERTY LOCATED AT 1255 DICKENSON STREET
- FILE N0. 16-3830.
WHEREAS, Zehnder Homes, Incorporated, a Minnesota business corporation
(domestic) is Owner of the property located at 1255 Dickinson Street within the City of Orono
(hereinafter the"City")and legally described as follows:
Lots 1 and 2, Block 2, and the east half of the adjacent vacated alley,
MINNETONKA BLUFFS, according to the recorded plat thereof,
Hennepin County, Minnesota(hereinafter the "properly"); and
WHEREAS, on May 6, 2016 the Owner made a complete application to the City
for variances to Orono Municipal Zoning Code Section 78-420 in order to allow the
construction of a new single family residence on a lot 13,533 s.f. in area where 87,120 s.f. lot
area is normally required; on a lot 100 feet in defined width where a width of 200 feet is
normally required; with a front street setback of 30 feet where a 50-foot front setback is
normally required;with a side setback of 13.9 feet where a 30-foot setback is normally required;
with a side street setback of 20 feet where a 50-foot setback is normally required; and a variance
to Section 78-1403 to allow lot coverage by structures of 16.6% or 2,240 s.f. where only 15%
lot coverage by structures is normally allowed; and
WHEREAS, on May 16, 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 May 16, 2016, the Planning Commission on a vote of 5-1
recommended approval of the variances as presented; and
WHEREAS, on June 13, 2016, the Orono City Council reviewed the application
and the recommendations of the Planning Commission and City staff, and voted 2-1 to grant he
variances as requested.
Page 1 of 7
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�O� V�
C ITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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:
A1. The analysis contained within staff inemos and the e�ibits 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 RR-1B 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 0.31 acres in area, being 100 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 Storrn Water Overlay District Tier 3 which allows 35%
hardcover. The proposed residence construction will result in hardcover on the property
of approximately24.0%, well below the maximum hardcover allowance.
A5. The applicant is planning to construct a new home on this vacant lot. The property
previously contained a home which was demolished in 2011. The lot is just under 1/3
acre in the RR-1 B 2-acre zone, and is a corner lot with the Keene Avenue frontage
defined as front. The property has sewer available and there is an existing well on the
site which is anticipated to be reused.
A6. The applicant is requesting a number of variances, as the buildable envelope under RR-
1B setback standards is approximately 35' x 20' and would not allow sufficient footprint
area for a reasonably sized home. Absent setback variances, the allowable building
envelope for this lot is 20' wide and 35' long, which would likely result in a narrow, tall,
boxy residence of 700 s.f. footprint with a detached garage (possibly larger than the
house) tucked into the southwest corner of the site.
A7. Within the Minnetonka Bluffs neighborhood, bounded by Orono Orchard Road,
Dickenson Street, Russell Avenue and the Dakota Trail, there are 23 developed lots. The
breakdown in lot sizes is: 13 lots at 0-0.5 acres: 8 lots at 0.51-1.0 ac; and 2 lots larger
than 1.0 acre. While only 3 developed lots are smaller than applicant's lot, the fact that
it contained a residence, was assessed for and connected to sewer, and is proposed to
meet the hardcover standards, all suggest that the lot should be considered buildable.
The developed lot to the immediate south at 1.02 acres is one of the largest in the
neighborhood, while the lot to the immediate west is the same size as applicant's lot.
Page 2 of 7
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C ITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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NO.
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A8. Applicant is proposing to meet the required 50' rear yard setback. The proposed 30'
stoop/35' house front setback is consistent with the street setbacks of the newer homes
directly to the south and across Keene Avenue. The 14' setback from the south side lot
line is more typical of a setback that would be found in a neighborhood of similar-sized
1/3-1/2 acre lots. The proposed house plans have been revised to a lookout rather than a
walkout design in order to establish the lowest level as a basement and avoid a variance
for the house being defined as three stories where only 2-1/2 stories are allowed.
A9. The applicant's surveyor failed to account for the deck in his structural coverage
calculation. Because the top of the deck railing is more than 6 feet above existing grade,
the deck counts toward structural coverage, yielding 16.6% where only 15% is allowed.
This results in the need for a lot coverage variance.
A10. The lot coverage variance is justifiable based on the following:
- The proposed deck will be minimally visible from Dickenson Street due to the
topography of the site, and hidden from view from Keene Avenue and the southerly
neighbor by virtue of its location relative to the house;
- There was more structural coverage on this site in 2008 than is proposed today; and
- While the deck could be built lower, that would require an imrnediate step down of
approximately two feet from the door accessing the deck, which should be avoided from
a safety and practicality standpoint, and is a practical difficulty.
Al 1. 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 purposes
and intent of the ordinance . . . ." Single family homes and the associated amenities are
permitted uses in the RR-1B district. The requested variances if granted would allow
construction of a single family home on the property.
B2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan." The proposed new residence structure is consistent with the
comprehensive plan guiding of this and surrounding properties for residential use.
Page 3 of 7
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�IT� o� ORo��a
RESOLUTION OF THE CITY COUNCIL
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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 location and size aspects of the request are not permitted by the Zoning Code.
With respect to lot area and width,the substandard lot in single separate ownership is
a circumstance inherent to the lot and not created by the landowner. Until 2011, a
single family residence elcisted on the property and prior to 2008, the property also
contained a second accessory structure which yielded structural coverage greater
than is currently proposed. The setback variances are a function of the RR-1B
District setbacks being appropriate for the standard 2-acre RR-1B lot, but extremely
limiting when applied to smaller eXisting lots of record. There are both smaller and
larger developed lots in the immediate neighborhood. The character of the
neighborhood is not likely to be significantly altered by construction of the proposed
home.
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 hannony with Orono City Code Chapter
78." This cond.ition 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 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 substandard lot area and width are
common in the Minnetonka Bluffs neighborhood, where many e�sting homes do not
Page 4 of 7
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CITY O� C�►RONO
RESOLUTION OF THE CITY COUNCIL
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NO.
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meet the RR-1B District setback standards. This is not the case throughout much of
the RR-1B District, but Minnetonka Bluffs is a neighborhood created long before the
RR-1B zoning standards were in effect.
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 RR-1B District; however, the Minnetonka Bluffs neighborhood
contains many homes which do not meet the RR-1B standards due to the eacisting lot
sizes.
B10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Granting of the lot area, lot width and
setback variances is necessary to preserve the property rights of the owner to build a
new residence on the property. Similarly, in order to construct a residence consistent
with the size and quality of other new homes in the neighborhood, setback variances
are necessary.
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 contrary to the intent of this chapter." Granting of
the area, width, setback and lot coverage variances would not impair health, safety,
comfort or morals and would 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." Granting of the area and width
variances is necessary to solve an obvious practical difficulty. Granting of some
magnitude of setback variances is also necessary in order to allow construction of a
home that is commensurate with the surrounding neighborhood, which contains a
wide variety of homes in terms of size, shape, etc. The magnitude of the setback
variances requested is a function of the lot shape, topography, and desired home style
and orientation.
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 78-420 in order to allow the construction of
a new single family residence on a lot 13,533 s.f. in area where 87,120 s.f. lot area is normally
required; on a lot 100 feet in defined width where a width of 200 feet is normally required; with
a front street setback of 30 feet where a 50-foot front setback is normally required; with a side
setback of 13.9 feet where a 30-foot setback is normally required; with a side street setback of
Page 5 of 7
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RESOLUTION OF THE CITY COUNCIL
�`�1,� �,G� N o. � 6 3 8
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20 feet where a 50-foot setback is normally required; and a variance to Section 78-1403 to allow
lot coverage by structures of 16.6% or 2,240 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 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.
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
commencing construction of said project within one year of the date of Council
approval, or the variances will expire on that date (Ju.ne 27, 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.
6. The undersigned Owner has read, understands and hereby agrees to the terms of this
resolution and on behalf of the Owner and the Owner's 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 27th day of June, 2016.
ATT�S'1':
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%.�� ,1�_ �� ���(�'
'azae Tiegs, �City C�,�-k Lili Tod McMillan, Mayor
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Property Ow (s)
Page6of7
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