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HomeMy WebLinkAboutResolution 6681CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 �' �+ 1 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1434,78-1435 and 78-1437 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. 16-3864 WHEREAS, Graham Robert Merry and Elizabeth Page Merry, a married couple (hereinafter the "Applicants"), are the owners of the property located at 500 Willow Drive South and legally described as: Lot 1, Block 1, Willow Knoll, Hennepin County, Minnesota (hereinafter the "Properly"); WHEREAS, on August 17, 2016, the Applicants made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1434, 78-1435 and 78-1437 to permit construction of an approximate 1,450 square foot guest house to be constructed closer to the street than the principal structure on the Property; and WHEREAS, the Applicants also request a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 which permits plumbing including a shower or bathtub within an accessory building that is conforming in location, size, and height; 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 variances and conditional use permit as requested; and WHEREAS, on October 10, 2016, 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 variances and conditional use permit as described above based on one or more of the following findings of fact concerning the Property: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 01 1. FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3864. 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 RR -1 B, One Family Rural Residential Zoning District. 3. The Property contains 4.02 acres in area and has a defined lot width of 311 feet. 4. The Property is within Tier 5 and hardcover is not limited according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Variance to permit construction of a guest house closer to the street than the principal structure (Sections 78-1434 and 78-1435). b. Variance to permit plumbing consisting of a shower or bathtub in an accessory building closer to the street than the principal structure (Section 78-1437). 6. The Applicant has applied for the following conditional use permit: a. Guest house CUP (Section 78-418) 7. In considering this application for variances and conditional use permit, 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: Variance Analysis: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance." The proposed variances will be in harmony with the intent of the Zoning Code as the proposed accessory structure will be screened from view by the topography and vegetation that exists between the proposed structure and Willow Drive. 2. "Variances shall only be permitted when the variances are consistent with the comprehensive plan." The variances would allow for the guest house to be located in the most screened portion of the Property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL j NO. `63 1 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 reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a guest house, essentially a secondary and subordinate residence, in the proposed location is consistent with principal structure setbacks and is reasonable on this rural 4 acre residential property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property is undeveloped and can be built to conform. However, existing topography and property line tree stands a conforming development would impact the existing topography and vegetation in a negative way. The characteristics of the Property result in a Unique circumstance allowing for the 1,450 square foot guest house to be almost completely screened from views off the Property. c. The variance, if granted, will not alter the essential character of the locality." The guest house will not be visually obtrusive when viewed from off of the Property. Based on the proposed plans, the guest house will appear as a typical residential structure when viewed off site. This condition is met. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration based on economic reasons. 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 residential use on this residential property is permitted. This criterion is not applicable. 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 exceeds the minimum 4.0 acre requirement to permit a guest house and contains a perimeter of coniferous trees for CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 66 8 1 screening from Willow Drive. The guest house will be situated behind the knoll on the Property; the roof will be visible looking into the Property approaching northbound on Willow Drive. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property has just over 4.0 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The Applicants have indicated that this is true. 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." The guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The Property is vacant and the opportunity exists to construct a guest house in a conforming location. However due to the screening the knoll and the topography will provide, the proposed location will be the least impactful; the variances are necessary. Conditional Use Permit Analysis: The Planning Commission may recommend and the Council may grant a conditional use permit as it was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan (CMP). The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The guest house/accessory building will be conforming in location, size and height for a principal structure on the Property; it's location streetward of the principal structure requires a variance. 3. Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCH, NO. 6 6 8 1 4. Provided with an adequate water supply and sewage disposal system. The proposed guest house will be served by an adequately sized private septic system and private well. 5. Not expected to generate excessive demand for public services at public cost. Staff believes this criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The proposed addition to the detached garage for the guest house space is residential in character and its use is expected to be compatible with the surrounding area. 7, Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The guest house is residential in visual character and is expected to be compatible with the surrounding area. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The architectural styling of the proposed guest house is expected to be residential in character and consistent with that of the principal structure on the Property. 9. Not expected to substantially impair the use and enjoyment of the properties in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The use of the structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The guest house will be set into the topography and will not be significantly visible when viewed from off the Property. In the opinion of staff, additional screening or buffering will not be required. 1. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed guest house use is not expected to cause any of these undesirable impacts. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 681 unsafe access. It is anticipated that the proposed guest house use will not generate any of these undesirable issues. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed guest house will not affect these features or have a negative environmental impact. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. Applicants are hereby advised of this requirement; and 15. Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. 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 Sections 78-1434 and 78-1435 which require accessory buildings to be located no closer to the street than the principal structure, and 78-1437 which permits plumbing consisting of a bathtub or shower within an accessory structure that is conforming in location, size, and height in order to permit construction of an approximate 1,450 square foot guest house to be constructed closer to the street than the principal structure on the Property; and grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 which permits plumbing including a shower or bathtub within an accessory building; subject to the following conditions: 1. Council approval is based on the survey by Gronberg & Associates dated August 23, 2016 and building pians submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. All exterior lighting associated with the guest house shall be downward cast and not directed off the Property. 3. 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 approvals will expire on that date (October 10, 2017). G1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL b 6 NO. ' 4. The Applicants agree to covenant the following regarding the guest house: a. The guest house is for sole use by the occupants of the principle dwelling, including their domestic employees and nonpaying guests. b. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. c. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. d. In subdivision approval, the setback required for the oversize accessory structure shall remain. 5. 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 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 10th day of October, 2016. ATTEST: CITY OF ORONO: %WdW�-� ,z.� - ,.Jt17J� U iCJ C•t.�Cld�r.,.., e Ties, C y lerlc Lili Tod McMillan, Mayor 7 Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OFA'tHE CITYCOUNCIL NO. 6 0 if . Property Owner This instrument was acknowledged before me this day of , 2016, by Graham Robert Merry, husband of Elizabeth Page Merry. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Elizabeth Page Merry, wife of Graham Robert Merry. Notary Public 8 day of 2016, by Resolution Exhibit A 668 z � m m m 1 WILLOW DRIVE s `H' "36•x7" W �D200 � >� i — ___ ------------- a y o C .. .. .. E @ F _ _ -------- \ 33 g R O _ 1___-_ \ ♦ - \ -------- _--- _'0 J_ '0 Z / A i i _ ' i� / -�-1 �fl Z YI -4 m o 4 m -I 0 C m w / • I Z ic 0 --¢ 38(16H 3tifllfld I � I w'' � •, � --------- 1 1 - 1 j m -- l ZG;am y ` I m If !!` � 1 7 I ao ;a 4 � \\\� ��\, , I \ -___may _`l'/ • y L--_\�\\\w r ww ` w ------ wrc-_5W-2566'•E 911M -____- I Ji - REVI ,;'^,^• GRONSERG & ASSOGIATES INC. l""9" .9205, �'�' unLeiaoa�les•wuaum&roaa.uxo vuixxma ,w 44514 WILLOW ORIMv LONG LAKE, MN MM +sr PHONE; 52473,4141 FAX: SM4734US Resolution 0 6 Exhibit B 4 Willow Variance Application 2016-08-17 Artist Concept NOR -SON