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Home My WebLink AboutReso 6692 , � � �� r�� . , Doc No A10405596 Certified, filed and/or recorded on Jan 20, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 77 Pkg ID 1504550M Document Recording Fee $46.00 Document Tota/ $46.00 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, G�� No. b b 9 2 j'4kFSH�4� A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1434 � 78-1435 FILE NO. 16-3872 WHEREAS, Timothy M. Sullivan and Amy K. Sullivan, a married couple (hereinafter the"Applicants"), are the owners of the property located at 440 Brown Road South and legally described as: Lot 3 Block 1, Stronghold, Hennepin Courrty, Minnesota (hereinafter the "Property"); WHEREAS, on September 21, 2016, the Applicants made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1434 and 78-1435 to allow construction of a 1,200 square foot oversize accessory building closer to the street than the principal structure; and WHEREAS, on October 17, 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 conceming this application were given the opportunity to speak thereon; and WHEREAS, on October 17, 2016, the Planning Commission recommended approval of the variances; and WHEREAS, on November 14, 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 as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3872. 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. 1 �"��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, G��' No. � 6 9 ,� l'kESH�¢� 2. The Property is located in the RR-1 B One Family Rural Residential Zoning District. 3. The Property contains 2.5 acres in area and has a de�ned lot width of 100' at the cul-de- sac and over 300 feet at the principal structure setback (50 feet). 4. Applicant has applied for the following variance(s]: a. Setback variances 5. 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. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinancs . . . .°The proposed variances will be in harmony with the intent of the Zoning Code as the proposed structure will be screened from view from off the Property by the topography and vegetation that exists between the proposed structure, the neighbors, and Brown Road. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The accessory building is residential in nature; and the variances would allow for the accessory building to be located in a screened portion of the Property. 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 o�cial confrols. The location of the home is towards the very rear of the Property; an accessory building cannot feasibly be constructed to meet the front setback requirement. Construction of an accessory building in the proposed location is consistent with OAS setbacks and is reasonable on this rural 2.5 acre residential property. b. The plighf of the landowner is due to circumstances unique to his property not created by the landowner. 2 g'��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, ,� No. C G 9 � G l�kEsxoR`` The existing home on the Property is approximately 220 feet from the front lot line and t50 feet from the rear lot line. Additionally, the location of the septic sites and wetland on the Property further restrict options. There are no conforming locations to construct the accessory building. c. The variance, if granted, will not alter the essentia/character of the locality." The accessory building will not be visually obtrusive when viewed from off of the property. It will appear as a bam, a typical rural residential structure, when viewed off site. This condition is met. 4. "Economic considerations alone do not constitute practical difficulties."The Applicants have not cited economic reasons for their request. 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."A detached garage is a permitted accessory use in the residential district. 7. The board or council may permit as a variance the temporary use af 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 location of the home on the Property does not leave a conforming space to construct an�accessory building. Additionally,the location of the septic sites and wetland on the Property further restrict options. There are no conforming locations to construct the accessory building on the site. The building may only be partially visible from the westem neighbor. 9. "The conditions do not apply generally to other land or structures in the district in which the iand is located." The location of the home, septic sites, and wetland create a unique situation on the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The Property is permitted accessory structures. The proposed structure meets all but the front setback due to the home location. This criterion is met. 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, ��' No. � � 4 � v l'�k�sxo�`� 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 accessory building 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 difficu�y." There are no conforming locations to construct such an accessory building on the Property; 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 to allow construction of a 1,200 square foot accessory building closer to the street than the principal structure, subject to the following conditions: 1. Council approval is based on the location of"Bam A" on the survey dated September 12, 2016 by Frank Cardarelle Land Surveyor and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exbibits A 8� B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. The Applicants agree to and covenant the following regarding the oversize accessory structure; such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the Property. a. 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 struature may remain without a p�incipal 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. b. 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. c. In subdivision approval, the setback required for the oversize accessory structure shall remain. 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 4 ��p �ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��, ,�' rro. � � � � G t�k�S H�4� construction and commencing construction of said project. A framing inspection must be completed 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 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 14�' day of November, 2016. ATTEST: CITY OF ORONO: I � � i � �� '�V_ L-[_.fr�`ps�0, o �. ' e Tiegs, City�.ier�C Lili Tod McMillan, Mayor 5 ��Q CITY OF ORONO RESOLUTION OF THE CITY COUNCIL n ��, G�� No. 6 9 � l�kESH�4� j-� l� - '��-f ; �- Property O ner Property Ow r STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ��'�day of f�2-C�2�;�20�L, bY Timothy M. Sullivan, husband of Amy K. Sullivan. ,:r�� ^`�-.� �SHk_�1 �J `+ �� RACHEL DODGE ( .K � -�� -� 11 G r�`l��t �:-.., -- �,Q.��y N07ARYPUBLIC-MINNESOTA Notary Ub�IC 6��v��'M��y �'�;�°m�sionExPi►esJan.31,2020 �.�L�`�' STATE OF MINNESOTA COUNTY OF HENNEPIN Sf This instrument was acknowledged before me this�� day of �� -�G2`�OJ�, bY Amy K. Sullivan, wife of Timothy M. Sullivan. u✓�' � . I(J� ;•'� y Notary Public ��'$ RACFlEL DOpGE �, .. 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' Y��'iflM :• ` �WI��r�.a flbL/lAf4��W+L yµ� � tl15 � a � � ht�"�� fD4�lAxYN.Ir.S',l�� i 5��' t 3 j � . � ' � . � ✓UL . �. � !"� � uw 'raw � d � � � � � w � �� + ' �� a t i �� a �� F !'l�e � �! �� w .. ... .. .. �-------------------------� i i i i i i 4� i i gi i i e i . �� Sr� " ar ------------;—g-------- i �� {� : ¢° � N SULLIY,4N�SIDENGE � �ou7�arr �� s�eAaw Ro s nm�ee xr � � oioallo.rN .ce ■ ::,:...'f_:-�] :�:'. f , , . � 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 was adopted at the meeting of the Orono City Council on November 14, 2016, with the original thereof on file in my office, and the same is a correct transcription thereof. �:;r.i.yti"�";.,,.`„ WITNESS my hand officially as such City Clerk and the `��rt� � ��;�k+e City this 28th day of December, 2016. w-`.�,:"•';"•.:*.� 'er�� =``�'G�`i'`�:�.��;s'�a..+��f ' l� � f �;.�.: � �./' � .../ c2..i" t;':'� '�h i iane Ti Cl � _ :�-% : .� ��,' • : , �, .�,-� r� 1� �. 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