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HomeMy WebLinkAboutReso 6659 � ,. � , /oZ.`� ���.(h�2 I�'/�2Ge.x_ Doc No A10354288 Certified, filed and/or recorded on Sep 1, 2016 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 1442651M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. �t"� V , r t � ��� �I� oF oRONo RESOLUTION OF THE CITY COUNCIL s�� ���' No. � � 5 q� ��SH�4� A RESOLUTION GP�ANTIx'vG VARIANCES TO MU!VICIPAL ZO�NG CODE SECTIpN 78-420 FOR PROPERTY LOCATED AT 1240 ARBOR STREET -FILE N0. 16 3845. WI�REAS,Timothy P. Druk and Julie A.Diuk,husband and wife,(hereeinafter the "Owners") are owners of the property located at 1240 Arbor Street vyithin the City of Orono (hereinaf�.er the"Cit�')and legally described as follows: Lots 6 and 7,Block 1,MAXWF.I,L'S ADDITION TO CRYSTAL BAY,Hermepin Courny,Minnesota{hereinafter the"Properiy'�;and WH�REAS,the Owners on Ju1y 6, 20]6 made a cflmplete application to the City for vatiances to Omno Municipal Zoning Code Seckion 78-420 i�t�order to allow the constntction of a new single fainily residence on a lot 16,796 s.f. ia area where 87,120 s.f. lot area is normally required; on a lot 100 feet in defined width where a width of 20U feet is normally required,with a front street setba�k of 20.4 feet where a 50-foot front setback is normally required; with a north side setback of 25 feet where a 30-foot se#back is normally required; and with a south side street setback of 23 feet where a 50-�oot setback is normally required; and + � on July 18, 2016 af�er published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Plannin.g Commission held a public hearing, at which time a11 persons desiring 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 Comxnission and City staff. NUW, 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: 1 r ��� CITY UF ORONO RE50LUTION OF THE CITY COUNCIL y� G�' No. 6 6 5 9 `�+xFSHo�� FINDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, a1t minutes from the above mentioned meetings, and any and al] othe�.ma�� distributed at these meetings ane hereby incorporated by reference. A2• The Property is located within the RR_1B Single Family Rura1 Residential District wluch requines a minimum lot area of 2.0 acres and a minimum lot width of 200' for c�onstruction of a single family residence. A3. The Property is 0.39 acres in area, being 100 feet in defined width. The Pmperty is considered as legally nonconforming with regard to lot area snd lot width. A4. The Properry is located within Storm Water Overlay District Tier 3 which allows 35% hardcover. The proposed residence construction will resuit in hardcover on the Property of approximately15.5%, well below the maximum hardcover allowance. A5. The Owners are planning to construct a new home on this vacant lot. The lot is just under 4/1 Q acre in the RR-1 B 2-acre zone, and is a corner lot with the Arbor Street frontage defined as front. The Property has sewer available and was assessed for sewer in 1985, hence the Property was assumed to be buildable as a combination of two lots at that time, as evidenced by City Council Resolution No. 1797. The Property will be ser�,ed by � private well. The proposed 2-story home includes an attached garage and has an overall footprint of approxirnately 1850 s.f. including deck and porches. The house is proposed as a`lookout'rather than a walkout due to the reladve flatness of the lot,and as proposed will have a defined height of just over 26 fe.et,meeting the 30' limi� A6. The Owners are requesting a number of variances,as the buildable envelope under RR_1 g setback standards is approximately 20 feet in width and 60 feet in lengtla and would not allow sufficient footpiint area for a reasonably sized home. A7. The Property at 100'wide and less than 1/2 acre in area is typical of lots in the Crystal ga neighborhood,the majority of which was platted in 1909 and 1915. Over the past centuiy, individual lots as well as double lots and a few triple or large�r lots have been built on with single family homes. The RR-1$ zoning of the Crystai Bay neighborhood is a reflection of the suirounding rural azea,and has never been revised to reflect the actual neighborhood lot sizes created 100 years ago. Rezoning to more closely match the prevailing lot sizes has been discussed in the past but not acted upon. It is notad that prono's %z-acre zone standards would allow for a 0.5 acre lot and 100' width, with Setbacks of 30'frorrt and rear, 10' sides,and 15' side street. 2 ��� CITY QF URUNO REsor.trr�o�vT oF T�crrY couxcn. ��� �,.�' No. 6 6 5 9 '�x�SHo�-�c A8. The Qwners are proposing to meet the required 50' rear yard setback. The front setback variaace is for a setback of 20.4 feet for the porch,with the bulk of the house being 26 feet from the street lot line. This setback is generally in line with the existing house to the immediate north, and is typical of many other lots in the neighborhood, which have front setbacks ranging from 17-18 feet to as much as 40-54 feet. The need for the shortened setback is in part due to the topography of the lot and its relation to the `lookout' configuration. With regard to the side setbacks of 25' and 23', these pla�ce th�e house generally centered on the lot, which will avoid visual crowding in the neighborhood. It is notsd that under %Z-acre standards these would be conforming setbacks. A9. In considering this application for variances, the Council has considered the advice and recoxnmendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anti�ipa� tra�� 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: B 1. "Variances sha11 only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." Single famity homes and the associated ameninea are permitted oses in the RR 1B distric�t. The x�equested variances if granted wonld aaow const�ruction of a smgle family hame on the Property. The proposed resideace is a single family home on a smaD 1ot ia a neigh6orhood of similariy sized luts with s�imuila�.setbacl�, B2. "Variances shall only be permitted... when the vaziances are consistent with the comprehensive plan." T6c proposed new residence structure is consiatent with the comprehensive plan guiding of this and swrrounding properties for residential use. B3. "Variat�ces may be granted when the applicant for the variance establishes thai there are practical di.ffi�culties in complying with the zoning ordinance. `Practical diffcculties,' as used in connection with the granting of a varisnce,means that: i. The property owner in question proposes to use the property in a reasonable manner, however,the praposed use is not permitted by the offxcial co�trols." ii, The plight of the landowner is due to circumstances unique to his prop�y,not created by the landowner." iii. The variance,if gcanted,will not alter the essenti�l character of the locality." 3 ����c� Crry oF oRONo RESOLUTION OF T�CITY COUNCII, �a ���' xo. 6 6 5 9 `�+x�sHo�-� _.._ _.._.... � The Praperty owner�are proposing to use the property in a reasonable manner but the specific lot area, lot width and setback requirements of the Zoning Code result in the need for variances in order to build on the lo� The plight of the Owner is due to the lot having been created prior to eatablishment of zoning codes,and the application of ane�, w7idth and setback standarda more suited to 2-acre tots than the small lots m tbe Crysta! Bay neighborhood; the landawner did not cneste the small lot situation. Constivcting a aing,le famity residence as prnposed is not �nticipated to aiter the character of the neighborhood, since many homes in the neighborLood eaist on similarly sized lota with aimilar setbacl�. B4. "Economic consideraticros alone do not constitute prac,�Cical difficulties." Economic considerations hsve not been a factor in the variance approval dctermination B5. "Practical di.fficulties also includ.e but are not limited to inadequate access to direct sunlight for solar energy systems. Varian.ces shall be grantai for eatth-sheltered const�uction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono CiTy Code Chapter ?8." This condition is not appficable. B6. "The board or the council may not pern�it as a variance any use that is not Orono City Code Chapter 78 for permitted under P�P�Y � the zone where the affected person s land is 1�•" This condition is not app6cable,as the use for a singie family residence is an allowed use in the RR-1B District, B7. "The board or council may permit as a yariance t����,.�of a ono-family dwelling as a two-family dwelling." 'I'6is condihon is oot applicable. B8. "The special conditions applying to the st�ucture or land in question are pecaliar to such P�P�Y or immediately adjoininB P�P�Y•" The substandard lot area and width are common in the Crystal Bay neighborhood,where many e�ting homes do not meet the �"�B D��''���a�standards• Thiss is not the case t6rougltout much of the RR 1B Distr�ct, bnt Crystai Bay is a neighborhood created long before the RR 1B zoning standards were im effect, The conditions applicable to the Property are typicel of the Crystal Bay neigLborb,00d but are not typical of the overall RR_lg zoning distri��, B9. "'I'he conditions do not apply generally to other land or s�uctures in the district in vvhich the land is located." T'Le conditioas apply to many other 10(I'wide corner lots in the Crystal Bay neighborLood which as a result of the required setbacks would have only a 20'wide bniidabie envelope under RR-1B standards;but do not appiy to a majority of lots witl�in the RR-1B district. B10. "The granting of the application is necessary for the preservation and enjoyment of a substautial property right of the applican�" . The ProPerh' is tYP�cal of single family lots 4 ��c� crrY oF oRON 0 ` � RESOLUTION OF TI�CITY COUNCIL �� �,��' No. 6 6 5 9 `��S'��� in the Crystal Bay neighborhood. �rther,the Property�yas assessed for a sewer unit and provided with manicipal gewer m 1985, hence the Property was assumcd to be bnildable as a combumation of two lots at that time, as cvidenced by City Counc� Resolation No. 1797. B 11. "The grauting of the proposed variance will not in any way impair health, safety,camfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the area,width,setback and lot coverage variaiu.ce�s wonld not impair health,saf'My�comfor� or morals and wonld be in keeping witL the intent of the zaning code. B 12. "The grarrting of such variance will not merely serve as a convenience to the applicant,but is necessazy to alleviate demonshrable difficulty." The lot aize as compared to the RR 1B zoning standard.s is a pmetical difficulty,as adherence ta those atandards would resnit in a very narrow buildable envelope and a home that would be out of character with the surrounding neighborhood. Granting of the area,width and�etback varia�,ces w�$olve a practical d'�8'iculty that otheiwise would make the lot virtaal�y unnsable for a single famiiy home. CON'CLUSIONS,ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-420 in order to allow the constniction of a new single family residence on a lot 16,796 s.f. in area where 87,120 s.f. lot azea is normally required; on a lot 100 feet in defined width where a width of 240 feet is normally requ.ired; with a front street setback of 20.4 feet where a 50-foot front setback is normally required; with a north side setback of 25 feet where a 30-foot setback is normally required; and with a south side stre�et setback of 23 feet where a 50-foot setback is normally required,subject to the followit�g conditions: 1. Council approval is based on the survey/site plan and building plans submitted by the Owners and annotated by City staff,attached to this Resolution as Exhibits A and B. Any amendments to the approved survey/site plaa and building plans which are not in confarmity with City codes will require further piannin$ Commission and City Council r�view. 2. Owners shall comply with the permitting requirements o�the Minnehaha Creek Watershed District. 5 ��� CITY QF ORONO RESOLUTION OF THE CITY COUNCII, ��� � �,�' No. � 6 5 9 7�5��� 3. Authorities granted by this resolution run with the pmpert�, 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 (Augu,�t g,201�, 4. Violation of or non�ompli.ance with any of the terms and conditions o:f this resolu�ion shall constitute a violation of the z�ning code, shall automatically termina#e any authority granted herein, and shall be punishable as a misdemeanor. S. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the 4wners and the Owners' heirs, successors and assigns, hereby agi,ee to the re�ording 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: _ '' � _�f ' _��Tie�s, �rty C1erk Lili Tod McMillan,Mayor _{ ' .� �. �� Properiy Owner(s) �,��` 6 ��� CITY OF Oltp NO RESOLUTION OF THE CI'I'y COUNCIL �� ���" xo.______� (�.�.-A-- `'��sHo4� STATE OF MIlV:�TESOTA COUNTY OF HENNEpIN The foregoin.g instrument a,as ackna�,yl�g�before me this��ay of 2016 Tunothy P. Druk,husband of Julie A. Druk. ' by '" MONICAA.FADNESS -� N07ARYPUBUC-MINAIESOTA NO Public .Y���: ,;;�,;� P�1y Commission Expiries Jan.31,2017 „�x<-�� STATE OF VIINNESOTA COUNTY OF HENNF„pIN The foregoing instrument was acknowledged before me this�fday of r�-� � �� 2016, by Julie A. Druk, wife of Timothy P. Druk, y���ti�<!�.?`r'� �/ C'l�i/' vv ` `Y LC �: , ) ,�' �`�.�F:7,�� Notary Public ������� RACHELDODGE �p., NOTARY PUBLIC-MINNESOTA �.�;�r�•'` MY Commission Expires Jan.31,2020 ..-�.rn.� 7 � CERTIFICATE OF SURV�1( • �RIVEWAY$ p�E I�{OWN FOR'GRAPH�PURPOSES ONLY.�flNAI�DRIVEWqYODE CN NOTES 6 6 5 9 R�°'�`'°" �for� Tim Druk AND LOCATIpN TO BE DEiERMINED BY CONTRACTOR. Fidd survey wos completad by E.G. Rud ond Sone, Inc. on 06/13/16. �hiWtA • FINISHED GRADE ADJACENT TO HOME SHALL BE 0.5 FEET BELOW TOP OF BIOCK 'rOf- 1240 Arbor��Q�On��MN —EXCEP7 qT DRIVEWAY AND PA710. _ Bearinya shown ore baaed on lho Hennepin County Coordlnate System NAD 83 (86 adJ.). � — — — — — � � i �S\-3���� � —� -- � � — — �� – Vartical Dotum: NAVDBB ���� – Builder/contractw;o verify Sanitory Sewer Depth prtor to excavation. I' I � � Th�a survey was prepared w!thout the benefit of title work. Additior.al easements, .^'�.. . 2e�sMctiona wd/or encumbro cae ma ezet other than thoea shown �ereon, Survey eubject I ���� :.:'T .• oss.ae _ �� eWalon p n re p o. a current tftle co�it�ment or an ott y litle op ion. .....................-�' , , :: � u a eei t � t/2'w a^e'a in �54.99 0�O � I o$ i05p.99� �& � �Q�1 1'7 9� �" �:'� � -� � �_ !Y95.9E � / / �B'e.l • DENOTES IRON MONUME�T FOUND AS LABELED ay I ' � � �oss_�s `� —` � / X 932�s OENOTES EXISTI�G SPOT ELEVAT!ON ���� �0�90 '96°' � �� ■ DENOTES HUB SY.JI �Y36.37 / I •oss:tC'so.q3 �'I�'9y°'��'` >ass.se � `, `R, DENOTES POWER POLE �85B.9Z J :e.a't-� EIGST710 �D .955.55 i ^� I\ � �+�Max ,ost4s g Yi, ,� N �' DENOTES TELEPHONE PEDESTAL .'-•; �iose.qo .ya'�''�o !.S'8.9'�'s��.9'to'........: � : ��� ,. � > � /� ...:.:....:.:..:....._.._..:� DENOTES EXISTING CONTOURS . >9>.z6 .dfeas o� � � N Y . r ........... " I � �� J` • � t � � � DENOTES PROPOSED CONTOURS I .�.....;ra...�,�e >91:0 �Plat� c � /-����� i.oeo.�i;i„as9.ea � :9� �•,: Q �:', i / •959 � � 1 T 1 DENOTES TREE LINc . .: '�{ . oso.�s t �/41r ' '� ! I "T ro�� `'• , ,9�� S . va..:�. �/4tiv '....,a/................. --a+w DENOTES OVERHEAD WIRE r,--�-i IEXCAVAl10N.� �''•..,;q �s �o �� .� ''-�: j' � L__J DENOTES BITUMINOUS SURFACE �`:� ' +°a°' 9�° •ess.ea�.' .ose.ia 7 � / t-"J'_ •BB �y�� I ,cs� � ��- .�,�'3�'c�`'°� DENOTES GRAVEL SURFACE !J?_ m .^� 2l,p � ' I 72 y_..J. `+I ..':'�i � .ase.�� �iz~ �', .,.. L� ...7 m �.'�'' ` •uen.0 5 DENOTES SILT FENCE �. ��� � g .�"� ,��':. ��' I �955.70 ,9ys.Q7 ,9ss�� E � DENOTES SANITARY SEWER MANHOLE �` •1 �o: 1 � os3.aA°�i � DENOTES EXISTING SANITARY SEWER .sczos;.i,ZL �. _ — �w�e..ia�s so.rr� t� (y•Bs..3s— � '° O .T �.. .,n� �; � — _ � v �DEN07ES PRpPOSED ELEVATION. nw�»��. –� , .uss.m .w.s� '\, l .�; "��� �`.. � ''�,1T o pseaw.n) � �aoy� � � •�� � .� + �.`� � X 1011.2 DENOTES EXIS7ING ELEVAiION. H.4RDC01/ERAREAS.• � i' o6a4! � . �Y a _ .�` \ .i !: � wn� •• / DEVOiES OIREC110N OF DRAINACE. � N � �m.. ,� �R.cu+T ��M (Sa� Hordcover Cdculptlon Worksheet) � DENOTES WOOp HUB/METAL $PIKE AT 11 FOpT oeae�•aei�o q�� i ,as6sk��� –� o J0'� 'o :usa.az\ .ess�s� ess.�a '�i"�,;' •.•. . ,, m.� OFFSET. (UNI�SS OTHERNISE NOTED) �--�50 -----�,.�_ ''��..,, � i R� ° yy� � �'�r �s�c 1 �0 .OFFS�T DISTANCES FROM HUBS SHOWN DO NO7 : 9609y' •. ; �Si�i a�•.. ��,e0 �� �� ��(:,?' r,�q,�pEMp�g 11 o MA.CFi WHq7 IS WRITTEN ON 1HE S?AKES IN hiE �98�Rp a � (Q�� :b;�� � 78 A FIELD. .861.�6 :'� �� 3/{ OI '� ` �� ��;;ry:,, .955.50 �s� .pi •935.85 r...."e:`':. �7 3�ro` \�'�'. 3A0 ° DIAGONAL: 32.00 X 74.00 = 80.62 - ; �� SB3'f7'29•"�.' >�4 90 1leds�.... � 5 '�:4`• — — --- --- a a aiw ' a+w. o . q� ' '�::'c; .9DSA6 � H i� i B�� � .� 95tlM6 . � )N �� '�•� '� '�"�� � -s.o�j � o io,o� (BASED ON A 12 COURSE BASEMENT) `.. i n F�E B - . '�. '+.y�.ea ..�so.es �ira�`onka .�(i��,. ,osa.ea -- � `' � °�� PROPOSED ELEVATIONS• _ . ......... � ...... .... ............. •o�.0 i i TOP OF BLOCK = gg7,g —.._ ,_ ...�...��...— ��-- — : � — — _ — .., �o��o . �a - � `e.yo _ w.o GARAGE FLOOR : 961.5 ^� "'•• iy,o< � LOWEST FLOOR = 953.8 �' — — "'� — --- Y', 70P OF FOOTING = 953.5 Lots 6&7, Block 1, MAXWELL'S ADDITION TO CRYSTAL BAY, Hennepin County, Minnesota. � Deno:es Iron Set Bearings shown are on I hareby certify that this plan, survey or report wos prepared by me or under my • Denotes IrOn Found an aSSUm@d datUm. direct supervis�on and that I om a duly Registered Lond Surveyor under the laws of the State of Minnesota. Doted this _lith y Scale 1"= 30' Drawn By: SNN '� da of _ ��__�_, 2ois. +� p�o��onal lsnd Surveyors ' Job No.: 16486HS Project Manager: KDN License No. 453gg """�'a^'�°°'" ��e��^BO�nMNS5�3 O�e2 n TY.IJ1016p�0 Fu(3101EC7-46i6 , ' . 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N �d � QO ','C9 t'+ r� O�7 wr �r 00 -------- ya" rrir � '.� --�_— �z� . ;� � e� � y N���IS� ---»�------- --- — — I� I ��� DRUK HOMES °�"'�R°�'�°��� DF.P. I I I I I I I�� �A VIq,ATIpN pr T1�US �nr�Nc a �sicN ..__ --- ��r.�rt�cT � �o o e K.w�a r r.nm _"� RL w�.uN d���� TleM —"____ -.— rnM. ssroo-�w c+uu�: iwn-e� � � � �� � � P� � m O � �) � I' STATE OF MINNESOTA ) � ) ss COLTNTY 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 August 8, 2016, with the original thereof on file in my::pff ce, and the same is a correct transcription thereof. �'�;?�...>� ;iK� iF�. ��*�� 'l.'. WITNESS my hand officially as such City Clerk and the cotp��'Ee��of���fi.Glty this 12`h day of August, 2016. ���, 4 �!r,�'"' � ��, , -� ! � � �� °. �l l� � ,.: ,�. / � -�y � ��/ ��. �� ,r'�.ti� .�Y✓,��. .✓ � L:� .O IY ,�Y.,` :.;g..` ��' �_, � ; , , �.3; ",,,) / s ,. iane� �e�s�,r� ��'����' l�p� � '��€�' ; ; � �4 /r 1.,' �//a`�� p !7 %�1\ ,n i r '1y'�•`/ .3,,✓f :':.oq.�cy-�� :e„� � �:«� "`"r''� t�� � `v�?�` it'1•�' Q ...�"'`' .,r �'�� ���'� � �aos �aQ • „r. !��'�/ � ���. �,. r��f' ,��< y..' ^�� .-,��1 1' f 1\ ..l��r��,4t'. ��\LR.'�ti'"���� ��,�✓�y. , ',�� �,t � �F .._�j'i i .'k �;.