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HomeMy WebLinkAboutResolution 6695CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.' 6695 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-350 AND 78-1403 FOR PROPERTY LOCATED AT 3295 CRYSTAL BAY ROAD - FILE NO. 16-3875. WHEREAS, Gregory J Blasko and Whitney R Windmiller, individual persons, (hereinafter the "Owners") are owners of the property located at 3295 Crystal Bay Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 2, Block 2, TOWNSITE OF LANGDON PARK, lying Southwesterly of the Northeasterly 80 feet thereof, according to the plat thereof on file or record in the office of the Register of Deeds in and for Hennepin County, together with that part of Northern Avenue vacated abutting upon said described premised in the rear lying between the extensions of the easterly and Westerly side lines of said tract. Subject to a right to create a public easement for highway purposes over the Southeasterly 33 feet of that part of said laid out as Northern Avenue as shown in Deed Doc. No. 198674, Files of Register of Titles; and WHEREAS, the Owners on September 20, 2016 made a complete application to the City for variances to Orono Municipal Zoning Code Section 78-350 in order to allow the construction of a new single family residence on a lot 12,841 s.£ in area where 21,780 s.f. lot area is normally required; with a lake yard setback of 64 feet where a 75 feet is normally required; with rear yards setback of 11 feet where a 30 -foot setback is normally required; from section 78-1403 to allow 2,299 s.£ (17.9%) of structural coverage where 1,927 s.f. (15%) is permitted; and WHEREAS, on October 17, 2016 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono 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 October 24, 2016, the Planning Commission on a vote of 5-0 recommended approval of the variances as presented; and Page 1 of 6 CITY OF ORONO RESOLtiTION OF THE CITY COUNCIL NO. 6695 WHEREAS, on November 14, 2016, the Orono City Council reviewed the application and the recommendations of the Planning Commission and City staff. NOW, 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: FINDINGS OF FACT: Al. 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. A2. The Property is located within the LR -IC Single Family Rural Residential District which requires a minimum lot area of 0.5 acres and a_ minimum lot width of 100' for construction of a single family residence. A3. The Property is 0.29 acres in area, being 108 feet in defined width. The Property is considered as legally nonconforming with regard to lot area. A4. The Property is located within Storm Water Overlay District Tier 1 which allows 25% hardcover. The proposed residence construction will result in hardcover on the Property of approximately 24.99%, below the maximum hardcover allowance. A5. The Owners are planning to construct a new home on this lot. The proposed 2 -story home includes an attached garage and has an overall footprint of approximately 2,299 s.f. The house is proposed as a walkout, taking advantage of the existing slope of the lot. The existing home is a walk out. A6. The Owners are requesting a number of variances, as Crystal Bay Road, an existing watermain, and existing vegetation all impact the buildable area of the lot in an unique way. AT The Property at 100' wide and less than 112 acre in area is typical of lots in the Crystal Bay neighborhood. Over the past century, individual lots as well as double lots and a few triple or larger lots have been built on with single family homes. A8. The Owners are proposing to meet the required side yard setbacks, and the average lake shore setback. The encroachment into the latke yard is minimum and not impactful to the neighborhood. The rear (street) setback variance is to permit a 11 foot setback for the proposed side loaded garage. The bulk of the house is behind the 30 foot rear street setback line. The proposed setback is not out of character with the neighborhood; the neighboring house to the west is setback about 5 feet, and the neighboring house to the east is setback about 25 feet. The need for the shortened setback is in part due to the topography of the lot and its relation to the `walkout' configuration. Page 2of6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A9. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances 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. VARIANCE ANALYSIS: Bl. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: I. The variance is in harmony with the general intent and purpose of the Ordinance. The ordinance is intended to reduce lake impacts (lake yard and structural coverage) and massing (structural coverage and rear yard setbacks). The proposed two story homes presence will be mitigated by the fact the home is fairly secluded, the primary access is via a dead end gravel driveway (which this house is the second from the end) and the adjacent Crystal Bay Road is separated from the improvements with riparian vegetation and steep slopes. 2. The variance is consistent with the comprehensive plan. The variance allows the redevelopment of the single family lot, this improvement is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner desires to construct a new 2,299 square foot home, replacing a 1,781 square foot home on a lot that has approximately 2,400 square feet of buildable area. The planned expansions outside of this area are not out of character with recent variances in the area, notably for the house to the south. b. There are circumstances unique to the property not created by the landowner; The slope of the lot toward the lake, the location of Crystal Bay Road, and the location of the existing watermain, all influence the buildable area for the lot, none of which was created by the landowner; and c. The variance will not alter the essential character of the locality. Many of the homes in the immediate area require some level of variance to improve the property. The two lots on either side of the subject property have obtained variances over the years. Most recently, the lot to the south received a variance from the lake yard, the average lake, rear yard and lot coverage in 2014. The new home as proposed is 2 story with a ground floor walk out. The home appears to be consistent in scale with the homes on either side, though there are smaller homes in the neighborhood. Page 3 of 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 9U Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The location of the watermain through the lot, and not within an easement does impact the property, and the ability for the owner to improve the lot. This is peculiar to the subject lot. The small lot does add challenge to reasonable improvements for the property. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The watermain does not impact other properties in the area the same way. This watermain effective makes the side yard setback 19-33 feet, depending on the location of the watermain. Other lots in the area have received variance to improve the properties. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The lot permits approximately 2,400 square feet of buildable area. It seems likely that some variance would be necessary to build a home with the typical amount of covered parking and the amount of living space consistent with the neighborhood. 7 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. There has been no evidence to suggest that the variances would impact the health, safety, and comfort of adjacent parcels or the city at large. The City has received some comment regarding the care and preservation of the gravel access road, primarily through a construction impact standpoint. An inspection of the road should be completed prior to construction to establish a baseline. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant appears to propose a home that minimizes encroachment into the lake zone (average lake and lake yard). Page 4of6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 6 6 9 r� 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 Section 78-350 and 78-1403 in order to allow the construction of a new single family residence, subject to the following 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 plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 3. Authorities granted by this resolution run with the Property 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 (November 14, 2017). 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' 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 the 14th day of November, 2016. ATTEST: Al If LQ�Q bial�e Tiegs, City C rk =5is& kiaL Lili Tod McMillan, Mayor Page 5 of 6 Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF OR.ONO RESOLUTION OF THE CITY COUNCIL NO.�� The foregoing instrument was acknowledged before me this day of 2016, by Gregory J. Blasko. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this Whitney R. Windmiller. Notary Public; Page 6of6 day of , 2016, by Resolution Exhibit A cv 6 69 COV + rLJkLCZ=-,� x - _ r / L%da&1 64 r 01 14 so- ��+Cs . 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