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Home My WebLink AboutResolution 6677 , � � . d�j� v��'�� 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 Tit�es Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1465540M Document Recording Fee $46.00 Document Tota/ $46.00 Existing Certs 1212870 This cover sheet is now a permanent part of the recorded document. i ! ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, � No. b 6 7 ;' G `qkESH�� 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: 1 � r ��p CITY OF ORONO RESOLUTION OF TI�CITY COUNCIL yF � No. 6 6 � � G �'k£SH�� 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 to use the property in a reasonab/e manner, however, the proposed use is not permitted by the o�cia/contro/s. 2 , . ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, ` rro. � 6 � � G `9kFSH�� The request to permit installation of plumbing within the detached garage appears to be reasonabfe 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 a/ter the essential character of the/ocality." 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 finro-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. 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF ` NO.-� C�� G �9'�E S H 0�� 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 di�culty."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. 4 � ��Np CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G`� No. � b � 7 ��kFSH�� 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�'day of September, 2016. ATfEST: CITY OF ORONO: • � � ., Tiegs, City Cler Lili Tod McMillan, Mayor 5 � ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G� rro. � b � 7 �"�k£5 H 0�`� ' �-�3�.��, .��' Property Owner Pr perty Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this� day of �e,.�,-Ire�e.}, 2016, by Peter Marcus Bluth, husband of Neil Marie Bluth. ,a-I�-P� NO�TARY P� No Public MINNESOTA Mp cAm�lon 6ipias C1p1/�21 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. , ary Public NOTARY P� MiNNEgpTA �'�"�n�OtAU'JORt 6 S3)ZAg3S 9NI1d�M(fll3IlYO SOLZ-454-(Z56) i6E55 NW'ouap � ue��oo�u�eW 36e�e� � O OSb55 NW's��ad6auulW ;S uQ�++��'J£SbZ p � � '75 4705 M LOSE a�uaPlsaL 43�I9 0 � o ,., �i raouuag 6uN{e+d PnIYO ui � � n �+ �A9 430IA01ld SJNIMtl1i0 �NOLLdIli�S341J3C01ld �311LL133H5 p � � ,p�. y �8Z ,tia s � � sso aaH oGXz(a) �, � r �------¢ a�-- _� J � o �I o � $� � I -'I o � x � � .o fO a W � .=� $ co r a � I o�I ' "I K �� o N � �� -------N 890E r------� � _ � N � j � I JI io � � � r�. <o �"� � o> � $ 00 r� I x � � � � � �� L------N N � M � p N N N � N ---� N �--- Q � _ � � � � J I N I � CO I xi I � I I � I L------N m �gZ � � � � ��d 3!4!4X3 � ' , uoi;n�osaa , , �� i � � �� i------- (3)2x10 HDR � I � � i I 13'-1" i I N�� I I I m I � � � � I v N � 3 I � �p O � O I w W O I � �� -� — , � �� I I I I ivwA I � I � � � roro� � I � � � 30B8 � �p p I I � w� � I I I � � I I �x x w �m I I � c„ v ' � C I v V J I iv�=m � �V-N— AI I V V= O � J n.� � o O �I � 13N �+ �-�° — —i � _ , � I I I Z m I r�� I 5, cai,s� N 6u111�1 uad0 Z m Z Z � I l � � � � � � o �------- (2)2x10 HDR m A � � � SHEET TITLE: PRO)ECT DESCRIP'TION: DRAWINGS PROVIDED BY: ,� rt� B � N m Ortidd Draftlnp Servloes � . o � � � � o � Bluth Residence 3507 W 50th St Mlnneapolis,MN 55410 � Garage Second Floor Plan 2��ry 5391 (952)-454-2705 ORPIEID DRAFTING EERVICES sa�xnaas 9hxidrat ai3xaao SOLZ-bSb-�Z56) t6E55 NW'ouap � suo��ena�3 a8¢�eg � � � OT4S5 NW's��odaeuu�W 3S ueuue�EtbZ � '3S 4705 M LOS£ ��P�y.aa 4��g o o � N � n � iC sa�lniag bul3l�d PIoWO W � �A9 430IAOad 59NIMWa �NOIldR1�S30 1J3C01ld �311LL133H5 O W � � y �oo 0 0 0 0 0 0 0 0 0 0 0 0 �� GG 0 0 0 0 0 0 0 0 0 0 I� � ! �T . . �d . � � � ;, ��I� ti„. 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Existlng wall system � � ExlsUng 51ab oare: Exisdng footings s/si/zois scn�: 1/4"=1'0" SHEEf: � A-13 , . �� i � � � �. 3 � O O N (D a. m m � � � SHEETTITLE: PRO)ECT DESCRIPTION: DRAWINGS PROVIDED BY: r� Y � N m Orfleld Drafting Servlces � o � Bluth 0.esidence � � F„� m 3507 W SOth St. � 2413 Carman St Minneapolis,MN 55410 Garoge elevaUons,Comparison Orono,MN 55391 (952)-454-2705 ORFIELD DRAFTIN6 IERVICES , . , . • ' � . � . 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 meefi��-of the Orono City Council on September 26, 2016, with the original thereof on file inzrny office, and the same is a correct transcription thereof. ` `% k rl� ."r „'�"+' ��. ``''�\� � �> -°- � l ti WITNESS my hand officially as such City Clerk and th�eti;��ra�s��,�;�` e''�ity this 2 5�'day of October, 2016. ��,;`m`�� - , - �,, � 3 �.�, .�:: '.s P:' ; , � � ✓% � , -: '^�' i e Tie s o,�i rk ;� i .� ' v % g , Y'� . � � , ,'x� �' , ,�b, °��, �+, , �,•� ,� � �. : '�'•.6;R�s{,.;.�.�.,�,`