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Doc No T05393882
• Certified, filed and/or recorded on
Oct 19, 2016 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1465540M
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1212870
This cover sheet is now a permanent part of the recorded document.
, �
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G; No. 6 6 7 ;'
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL ZONING CODE
SECTIONS 78-1437
FILE NO. 16-3851
WHEREAS, Peter Marcus Bluth and Nell Marie Bluth, a married couple
(hereinafter the "Applicants"), are the owners of the property located at 2413 Carman Street and
legally described as:
Lots 1, 2, and 3, Block 2, NAVARRE, according to the recorded plat thereof,
Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, on August 22, 2016 the City Council approved variances to Orono
Municipal Zoning Code Section 78-1434 to allow a second story addition to the Applicants'
existing garage, (hereinafter the "OAS") less than 30-feet from the side and rear lot lines; and
WHEREAS, the Applicants' intent was to install plumbing consisting of a toilet and
sink (hereinafter the "Half Bath") in the OAS.
WHEREAS, according to City Code 78-1437, plumbing is permitted within a
conforming accessory structure. Because the OAS does not meet the required setbacks it is
considered non-conforming; and
WHEREAS, the Applicants are requesting a variance to City Code 78-1437 to
permit installation of a Half Bath within the OAS; and
WHEREAS, on September 19, 2016, after published and mailed notice in
accordance with Minnesota Statutes and the City Code, the 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 September 19, 2016, the Planning Commission recommended
approval of the variance; and
WHEREAS, on September 26, 2106, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
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 the Property:
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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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FINDINGS OF FACT:
1. This application was reviewed as Zoning File#16-3851.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.
2. The Property is located in the LR-1 C Zoning District.
3. The Property contains 0.48 acres in area and has a defined lot width of 140 feet.
4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance:
a. Installation of a Half Bath (plumbing) within a nonconforming OAS.
6. 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.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . .". The garage is residential in nature. The proposed Half
Bath within the second story addition of the nonconforming OAS will not adversely
impact adjacent properties and will not be apparent from the exterior. The variances are
in harmony with the Ordinance. The variance is in harmony with the Ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan."The variance resulting in a permit for plumbing improvements within
a residential garage in a residential zone is consistent with the Comprehensive Plan.
3. "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:
a. The property owner in question proposes fo use the property in a reasonab/e manner,
however, the proposed use is not permitted by the official controls.
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� ���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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The request to permit installation of plumbing within the detached garage appears
to be reasonable as the adjacent properties do not appear to be adversely
impacted.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The size of the garage, and the size and orientation on the Property were not the
result of actions by the landowner. Plumbing is permitted within residential
garages.
c. The variance, if granted, will not alter the essential character of the locality."
The proposed plumbing within the garage will not alter the character of the
neighborhood.
4. "Economic considerations alone do not constitute practical difficulties."The Applicants have
not requested approval based on economic considerations.
5. "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 harmony with Orono City Code Chapter
78."This criterion is not applicable.
6. "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."The proposed improvements are residential in nature and are consistent with the
residential zoning and the Comprehensive Plan.
7. "The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling." This criterion is not applicable.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property."The Property is a corner lot with a defined front
yard on Shoreline Drive with the functional front facing Carman Street. The garage,
constructed in 1975, is in a nonconforming location on the Property. The proposed
plumbing improvements will not increase the nonconformity.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The nonconforming location of the garage and the corner lot status make
the Property unique in the neighborhood.
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� ���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Staff finds this criterion to be met.
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 the
requested variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the Code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The location and size of the garage create
practical difficulties affecting the Property; the variance is necessary and not merely serve
as a convenience to the Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance from Orono Municipal Zoning Code Section 78-1437 to allow the installation of a Half
Bath within the nonconforming OAS on the Property, subject to the following conditions:
1. Council approval is based on the building plans submitted by the Applicants and annotated
by City staff, attached to this Resolution as Exhibit A, hereinafter the "Plans". Any
amendments to the Plans which are not in conformity with City codes may require further
Planning Commission and City Council review.
2. 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 new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (September 26, 2017).
3. By signing this Resolution, the Applicants agree and covenant in writing that the accessory
building will not be:
a. Used for a home occupation unless specifically approved by the city or if allowed
by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
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� � ���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G� NO. � O � �
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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 Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants' 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 26'h day of September, 2016.
ATTEST: CITY OF ORONO:
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., Tiegs, City Cler Lili Tod McMillan, Mayor
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RESOLUTION OF THE CITY COUNCIL
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Property Owner Pr perty Owner
STATE OF MINNESOTA
COUNTY OF HENNEPiN
This instrument was acknowledged before me this3 day of ��,-�e,e..s, 2016, by
Peter Marcus Bluth, husband of Nell Marie Bluth.
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NOTARY PUBLIC
MINNESOTA
Ni Cort�asbn E�es o1/�1/�021
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this� day of � 2016, by,
Nell Marie Bluth, wife of Peter Marcus Bluth.
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NOTqlZy pUg�IC
MINNESOTA
Mf'Camnhsbn E�nt 01f�4/�Q21
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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 meetin�-of the
Orono City Council on September 26, 2016, with the original thereof on file in my office, and
the same is a correct transcription thereof. �
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WITNESS my hand officially as such City Clerk and the��r�ora�t�s��� ';�q e�ity this 2
5`h day of October, 2016. k ��` ,-�' r � -
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