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HomeMy WebLinkAboutResolution 6689 , ' , � ��� �� �4v�e__ ; < 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 Total $46.00 This cover sheet is now a permanent part of the recorded document. ._ � ` � , ���0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��'� ti�,�'` No. 6 6 8 9 k�sxo� 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 opporiunity to speak thereon; and WHEREAS, on October 17, 2016, 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 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. Page 1 of 5 ���0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��� �.�� No. 6 6 8 9 xFSHOlL 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 applicarion 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 harmony with the general intent and purpose of the Ordinance. The variance would allow 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. Page2of5 g"��O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�� ��� No. 6 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 impacts 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 Eachibits 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. Page 3 of 5 ���0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� � � 68 ;' j'�kESHo4�. �~ NO. 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 peimissive only�d must be exercised by obtaining a building peimit 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'Y iegs, City;�Cle�' Lili Tod McMillan, Mayor Page 4 of 5 �o�o � C ITY QF ORONO RESOLUT'ION OF T'HE CITY COUNCIL ��,t,, �G~� No. 6 b 8 9 kFsxo�` S cott D. Hoc edler Property O er STATE OF MINNESOTA COUNTY OF HENNEPIN �t -I The foregoing instrument was acknowledged before me this � day of evVV�e..�' 2016,by Scott D. Hochstedler. �. . . __:�n<�,.__.:�:-�t_�:��.��-�-.._ ,; , '=��: . � ; p',��;�E.A FAI�vF:;S �t� 1 �!� �r?�r �Ja�l�'-i,^IPJNf ti�1TA, �t� �-�l. � ' ��, . ,,.. ... ".��,1�1�Xn"�S�3f1��'.%�'/ ��� Notary Public � � . . ` _ _. =J'ri•'.c.'��. Drafted by City of Orono 2750 Kelley Parkway Orono,MN, 55323 Page 5 of 5 � ' Resolution � CERTIFICATE OF SURVEY FOR Exhibit A ���� 1. .i�. �V��S 1 ����1"� TONKA OF LOTS 7 & 8, BLOCK 1, BAYSIDE ADDITION TO LAKE MIN!l+1E HENNEPIN COUNTY. MlNNESOTA 6 � t� 1 4o j � ! s as�4s� oo�° � az5.2s -----... � � " � , . �, W w ` . � � . . \�� ;� i� ��.�Y c�,c� E� � . c� � � � c� U� w a� � � �a' ,, o 0 �-1 � � � � � � � r � "eaq -----------�— (�1 awan ..Na� fi MSTNG '. P�°°�'E � = a.+� = as,,q � �aq (p� �� _ F— 1 � _L � t —`-a64� � \ o��,,-'"r'"aM" '. , '�f.6� + � � o�m � \ _...l�S........... � � � ! � �� \°t.�'° � ! \ �, r ��� �`'�--• N 89°46' 00" VI� �125.25 �--�'"'`� �—--—--�.�u e� ___.—.' � g � _.....�..�....�..�. T0'EIO'BOR TO���...��� '� HILL ST�t�E� � TO eE v1►CIITEDJ GRAVEL DRNEWAY � (Np uTLIfEs l4oMA�t _ 40 _.._ '..__4• VACkTED STIFET PARL�1 ...—��_ � _ � � — LEGAL DESCRIPTION OF PREMISES : Lota 7 and 8, Block 1, "Bayside Addition to L�ce Adinnetonka" � : denotes iron marker found (9oe.3): denotes existing spot• elevation, mean sea levei datum, tcken from field survey on 8-4-08, ond 8-4-16 --9��---: denotas existing contour line, meor► sea level datum � denotes proposed contour line, meon sea level datum Bearfngs ahown are based upon an assumed datu�n. This survey intends to sfiow the bounda�ies of the above desaibed property, the iocation of an existing houae and garage, spot elevotions, topography, !he locotion of oA visibie "hardcover" and the proposed ixotion of a proposed oddition thoreon. It does not purport to show any other tmprovements or encroachments. GR4NBERG AND �°'�'��`•��Y��"�°�'�,� ,..� ASSOCIATES INC. ���' �'°'� � � �'� � �` h�s o� the Stab of MMx��o�. ����'� 4ta tnRrH�o�.Ma,�c w�.i!t ssn� � s.t�nnbar9 wnrola�bw�r t2753 10-�R7A 16-:t�?h _ Resolution Exhibit B � � � � a» a- �� -, :•�.,- _ g� , r,�' ��� .� �;- l� iN �-N+ - _�- m 3� m � :�s :~ m � �� . m '?•. ?'.0 < < < .�- �(� �' ��� � L KW^ `+ � � f . � ; �� � r� � � 4� ;' i ;� y �.3 � - � :���.. j�. D - •-� '^ E' n' i - :�+ �i :.1. .� l �l:.t Y�� � � � i c'y�i i � .���; ,r� �`'.�'` _ kF �I���' .�; �. •I, +, `.�1 .Y�: � Y 1 f•' .� 1 —��-I ��'. .t �rL� ��� 'I� '�' �r '4 � a��`� . i �y .. � r�; i �� yt {ti.."�• I �#�,. ':.a. � ;i . ;�.; '. .� .. .�f�f. ' • ! :�5� � �,� - �7�{� _ -`� � ,� ��. 'i � � � PRO�ADDURaIYAl�ID RmSO�Ht.POR TAB: �t� � • � �7 i � ���� �� HVtr�3/�i�iJD'e w�tlt�l`+ �� ` $ �i 290CRHSlYffiWAV@NB � � ��� � ��� � � _...__... tA �� ��A K7M�OP �ww�+� �w s.��.w t�� .IY�.M� �� a� a350d0?Jd - NOIl'v'/���3 H11105 ` �� � � � -- —_ _---��--__= > � � �� - --- _ -- - — � � � -- "`�' � 't�,�-G� k. t.; '` ,_ � :.�� ,�,!,• _ �r-: �, . �� � . __ � ' f,��.K: .'Y� $ 1 µ z `�'��� � •S:* L .: �` !�'SiL. - �rr'��,.{T�.'''F� .r_x` n �'+p.,. !�. � �- , _ � � � � .�-A•.M N Q350dOtJd t�10111y/�3�3 HJ.ZION ' ;" �,�: ..�, . �.z:. . �•y.�. � :� , , ` STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the Gity of Orono, Minnesota, certifies that I compared the foregoing docuxnent 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 �"(�-- , �r 7 . -� '� '�, 6 � C�� �'� Anna Carlson, City Clerk �'�'� •,�. 4+ �lGy . �ti�»r». r.;'����'������ �'�� �,�' �' ����� ''� .-.� d �!0 �������,.r+fJv:r�,'� . 1"�^',y;r ca � � '.E ��i, � 4 . � rr ta'��.{�;'��.+ z ` ; � ,`°�: r��� �.�,f� ����.<.� . � � �^"o �--n• ��,l.o�. �l���� ������m��i��� , _'� �R . t�1,��:4�A� 9 ' . �\\�"��s�`"