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Doc No A10420007
Certified, filed and/or recorded on
Mar 9, 2017 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 1 Pkg ID 1522782M
Document Recording Fee $46.00
Document Tota/ $46.00
This cover sheet is now a permanent part of the recorded document.
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g'��O CITY �F ORONO
RESOLUTION OF THE CTTY COUNCIL
y� G-" No. 6 6 8 9
t�xESH04�
A RESOLUTION
GRANTING VARIANCES TO
MUNICIPAL ZONING CODE SECTIONS 78-305
FOR PROPERTY LOCATED AT 290 CRESTVIEW AVENUE
- FILE N0. 16-3869.
WHEREAS, Scott D. Hochstedler, individual person, (hereinafter the "Owner")
own the property located at 290 Crestview Avenue within the City of Orono(hereinafter the"City")
and legally described as follows:
Lots 7 and 8,Block 1,Bayside Addition to Lake Minnetonka,
Hennepin County,Minnesota, and
WHEREAS, the Owner on September 21, 2016 made a complete application to
the City for variances to Orono Municipal Zoning Code Section 78-305 in order to allow the
construction of an addition to the front of an existing single family addition,reducing the setback
from 50 feet to 41.7 feet; from section 78-305 to allow improvements to a lot that is substandard
due to width and size; 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 17, 2416, the Planning Commission on a vote of 5-0
recommended approval of the variances as presented; and
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:
A1. The analysis contained within staff inemos and the e�ibits 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.
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���0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� �� No. 6 6 8 9
'�xFSH o4�'
A2. The Property is located within the LR-lA Single Family Rural Residential District which
requires a minimum lot area of 2.0 acres and a minimum lot width of 200' for construction
of a single family residence.
A3. The Property is 0.35 acres in area, being 120 feet in width. The Property is considered as
legally nonconforming with regard to lot area and lot width.
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 24.88%,below the maximum hardcover allowance.
A5. 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:
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in hannony with the general intent and purpose of the Ordinance. The
variance would a11ow the addition to be located 41.7 feet from the street. The intent of the
ordinance is to create large separation between the homes and the street. This intent would still
be met.
2. The variance is consistent with the comprehensive plan. The setback as proposed would
continue to be consistent with the large open spaces suggested by the comprehensive plan
for this type of development.
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 lot size and current configuration of the
home do not permit a modest improvement of the home without some
encroachment into the setbacks.
b. There are circumstances unique to the property not created by the landowner; The
homeowner did not create the uniqueness himself. The lot was created and
principally improved prior to his ownership. Improvements made by the applicant
have been made to blend the home into the neighborhood.
c. The variance will not alter the essential character of the locality. The proposed
improvement and resulting setbacks appears to be consistent with the character of
the neighborhood. Homes on the west side of Crestview are setback 25-32 feet,
homes on the east side are setback 20-50 feet from Crestview, with the subject
parcel currently 57 feet, and proposed to be 41 feet.
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���0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y�'� �.�� No. b 6 8 9
kESHO� •
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 existing home irnpacts the location of
future additions. The home is currently set back further than most other homes on the
street.
5. The conditions do not apply generally to other land or structures in the district in which
the land is located. The applicant suggests that the regulations, intended for 2 acre lots,
imposed on his lot create a practical difficulty.
6. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The proposed improvement for bedrooms and
a bathroom are reasonable in nature, and placement elsewhere on the lot does not avoid
a variance.
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 is no
evidence to suggest the variance, if granted, would negatively impact the intent of the
zoning ordinances.
8. The granting of such variance will not merely serve as a convenience to the applicant,
but is necessary to alleviate demonstrable difficulty. The owner has been in the home for
9 years, suggesting that the applicant has attempted to make do with the home in its
current state, and did not enter into the need for a variance frivolously or out of
convenience.
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 78-305 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 Exlubits 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.
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���0 CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��'1 v~� NO. �7 � $ �
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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 aze
permissive only�,nd 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 temunate 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.
ATTES�':
r . %�' � x .•
' .e x ie�s, City;Cle� Lili Tod McMillan,Mayor
Page 4 of 5
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C ITY QF ORONO
RESOLUTION OF THE CITY COUNCIL
��'l,, �,G~� N o. 6 6 8 9
xESH��
S
cott D. Hoc edler
Property O er
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me this � day of �i(' 2016, by
Scott D. Hochstedler.
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Drafted by
City of Orono
2750 Kelley Parkway
Orono,MN, 55323
Page 5 of 5
' ' Resolution
� CERTIFICATE OF SURVEY FOR Exhibit A
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OF LOTS 7 & 8, B�OCK 1, BAYSIDE ADDITION TO LAKE �Nt#!E
HENNEPiN COUNTY, MINNESOTA 6 � c�
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LEGAL DESCRIPTION OF PREMISES :
Lots 7 and 8. Block 1, "Bayside Addition #o Loke Minnetordca"
� : denotes iron marker found
(goe.3): denotes existing spot� elevotion, mean sea levei datum, taken
from field survey on 8-4-08, and 5-4-16
--g»---: denotes existing contour line, meari sea level datum
�-�--� denotes proposed contour line, mcan sea level datum
Bear}ngs ahown are based �on an oeaumed dat�n.
This survey intends to show the boundaries of the above deacxibed property, the
location of en existing house and garage, spot elevotions, topography, the location
of oll visible "hordcover", and the proposed [ocation of a proposed oddition the.reon.
It does not purport to show ar�y other improvements � enc�oochments.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of Orono,
Minnesota, certifies that I compared the foregoing document 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.
�WITNESS my hand officially as such City Clerk and the corporate seal of the City this
� day of �'`Lk-- , o3b l7 . , -�
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Anna Carlson, City Clerk
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