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Home My WebLink About#6535-variance-2015 i . . //g� ,�c �o� � Doc No T05307024 Certified, filed and/or recorded on Nov 16, 2015 11:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 1321323D Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1230261 This cover sheet is now a permanent part of the recorded document. � � ' ( j�O�� C ITY C�F ORONO RESOLUTION OF THE CITY COUNCIL ��, �ti 6 5 3 � �' N O. ��kESH�� c�� :��,;.r= A RESOLUTION GRANTING A VARIANCE FROM ORONO MUNICIPAL CODE SECTION 78-1605 FILE NO. 15-3733 WHEREAS, James Wyman and Kathlyn Wyman, a married couple, (hereinafter the "Appticants") are the owners of the property located at 1185 Ferndale Road West within the City of Orono (hereinafter"City") and legally described as: Attached as Exhibit A(hereinafter"the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1605 to permit construction of a portion of a new driveway to encroach as close as 12 feet to the wetland edge where a 35-foot setback is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on August 17, 2015, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File #15-3733. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application on August 17, 2015, the Planning Commission voted 5 in favor and 1 opposed on a motion to approve the setback variance allowing for the construction of the proposed driveway, based on the following findings: a). The Property contains 58,890 square feet in area and has 129 feet in width at the OHWL and 150 feet in width at the 75 foot setback. b). The Property is unique in that the existing home is essentially land locked and depends on access over an existing driveway though the property at 1165 Ferndale Road which is located within the 35-foot wetland setback. Page 1 of 5 , , �0�� . C ITY OF ORONO � � RESOLUTION OF THE CITY COUNCIL � ` 65 � � � �' N O. j�kFSHp��" c). The variance to ailow construction of the driveway on the Property will aileviate a practical difficulty inherent to the Property and was not created by the Applicants. d). The Applicants' proposal including the garage addition results in a minor increase in hardcover from 11.7% to 14.8% where 25% is the maximum permitted for a Tier 1 property. The proposed structural coverage level of 7.2% is less than half of the 15% structural coverage as allowed. e). The proposed driveway is non-structural, minimal and does not encroach closer to the wetland than portions of the existing driveway; the improvements are not out of character with this neighborhood. f). The applicant's request to construct a driveway to serve the garage addition to the existing home is reasonable and is in harmony with the general intent and purpose of the Ordinance. g). The variance to permit improvements to the Property in a residential district is consistent with the comprehensive plan. h). The Applicants have provided a survey reflecting the limited buildable area between the home and the wetland on the Property establishing that there are practical difficulties. i). The Applicants propose to use the Property in a reasonable manner not permitted by the official controls. j). The circumstances unique to the Property were not created by the landowners. k). 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. I). The granting of the requested variances will not merely serve as a convenience to the Applicants, but is necessary to alleviate demonstrable difficulty. 4. The City Council considered this application at a meeting held on September 14, 2015 including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. Page 2 of 5 , �o�o . C ITY OF �RONO RESOLUTION OF THE CITY COUNCIL �`�1., ti G� N o. � 5 3 5 KESH�� 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owners, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based on the above findings, City Council of Orono, Minnesota hereby grants a variance from Orono City Code Section 78-1605 to permit construction of a new driveway to encroach as close as 12 feet to the wetland edge where a 35-foot setback is required; subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to these plans may require further Planning Commission and City Council review. 2. Hardcover shall not increase above 25% as permitted in Tier 1. Any changes to the plans or the Property which result in an increase in hardcover above the existing or allowed levels are not approved as part of this variance request. 3. Applicant shall comply with all of the permitting requirements of the Minnehaha Creek Watershed District specifically the wetland, erosion control, and floodplain alteration rules. 4. Applicant shall comply with the recommendations of the City Engineer upon review of the application for permits. 5. Applicant shall enter into an encroachment agreement with the City to addresses the existing and proposed improvements within the sewer easement prior to issuance of building permits for the project. 6. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the construction of the addition associated with the new driveway and commencing construction of said project. A framing inspection for the proposed addition must be Page 3 of 5 �o�o . �ITY O�F ORONO RESOLUTION OF THE CITY COUNCIL � � � G1 6535 `�kEsxo��' NO. completed within one year of the date of Council approval, or the variances will expire on that date (September 14, 2016). 7. 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. 8. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of their 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 this 14t'' day of September, 2015. ATTEST: �� - � .� � �� iane Tie s, City rk Lili Tod McMillan, Mayor Page 4 of 5 , �-o�o . C ITY OF QR�NQ RESOLUTION OF THE CITY COUNCIL �F G� 6535 ��kESH�� N O. � V� � P o erty Owners STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �,�l. day of �L��,�- oZr��Sby James Wyman, husband of Kathlyn Wyman. w�� _��"'�� MONlCAA.FADNESS Notary Public . t ^� NOTARYP�IgLIC-MIMNESOTA ,i�.�v'.;.,.,�'�•'i ;�,LL.„f. Nr,�Commission Expires Jan.31,2017 :,-. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this � �oday of �j.�` �-0�by Kathlyn Wyman, wife of James Wyman. ' .� > ��'�" Notary Public ��`�""`�� MONICAA.FADNESS � ��,-u'�. NOTARY PUBLIC-MINNESOTA Y yl„R;n��My Commission E�cpires Jan.31 2017 ��„ . Page 5 of 5 1 ` Resolution � � Exhibit A LEGAL . DESCRIPTION OF PREMISES :. (per Certificate of Titie N o. 12302fi 1) Par 1: Tract A, Registered Land S.urve.y No. 522, Par. 2: Tract B, Registered Land Survey No. 397, ond - That part of Tract C fying Northeasterly of a line descr' � beginning at a point on the Northwesteriy line of said �bed as 131.5 feet Northeasterly as measured alon said Troct .C, j iine from #he most Westerly corner of said TractNCrtthe�sterly � � southeasterly in a straigh{ line to the ordinary low water mark � � on Brown' s 8ay through a point on the traverse line alon �t,, : Brown' s Bay, Lake Minnetonka as shown on said Registered Land Survey No. 397, said point being 1 Q 1.0 feet distant, a� m � along said traverse l�ne from the Southwesterly line r�f �Sa�d asured Tract C, Files of Registrar of Titles, County of Hennepin. � � . ; i . �� y_ � Resolution z � . . � �� Exhibit B I � a � � l i o � � � . : � I� cn o � � � Z ,m � _ ..,y � � i � � a, � � o f� � ' � � '�'� � ; � $ N � j -� - � � m � . � - � `� � � � C� g� ' � �� . i `.' �� ' � � � � ��.2 � � � ; � � � � � ; � � 11 Rpp�sEd � �- s�� o'W"o� �..�E P FER �;�� .. � '. �F N�- . i�1�1 � AR�� --� �'�No. ��'`_�� -o r, ��-u` ; Q . .— t, o, t. , �� /�j. �s '�,�. � � ��""� . / .,�` _ � ,` � �� , �.s` 'y_ � �� +� o � � � p�'` � '� _`�� ) _ t� __—. 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Y ,�-. � � �---a- '".� �- s�� 126.sa �"� ; �4+. `� �~ ,No�� ---- io � 'F- �....� ,7.' "` i . I j �� 1I I � �� _---'___ ` j .,'' � � �� .. ll I �.Y, __ -- ��5�� `� 1 a __-- w�n.�w �sou�s � cw�� / L ° _____ -- �r:� Ecaa�c � � 3gp,77 ' � o �7� �• / 1r �..,� . � I p . '`'�s � ��' �� . � - - r""-.. � � � � � � � ' . . � - � � . . ' . � . zz�se � � � � -� � i � 260�� p�� W � �...) �c� � i �� ' � N ;�-,-- ��N i :��g f STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 14, 2015 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the cor�6r�,te.s'�k��o�'ti�� City this 26th day of October, 2015. � c�;�'' �� • -;�t'.� :� � ,.-�' . _ ',�� t Q� = 'ane Tiegs, CiY: :_�ler�==,;: ' �� ; � ; �; ��'- , _ , j_ ,4;iJ'\° ,:'`� ',�t?\'�`_/ :\�t j-;`�' ��\ ,`�'•`.+..;�, -