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HomeMy WebLinkAbout#6660-variances-2016 � . � � , �o �.�� ��� Doc No T05381956 Certified, filed and/or recorded on Sep 12, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 1446695M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1418845 This cover sheet is now a permanent part of the recorded document. , , �y � � �,� �- � ��o� CITY QF 4RON0 � RESOLUTION OF THE CTTY COUNCIL ��� ��� No. 6 6 6 � �K�SH��� A RESOLUTION GRANTING VARIANCES TQ :VIL�ICIP�I,ZOIVING CODE SEC"TIONS 78-420, 78-1279 AND 78-1680 FOR PROPERTY LOCATED AT I40 LEAF STREET -FII.E NQ. lfr3$46 WI�REAS, Crregg Allen Kalchmazk and Rebecca Eve Katchmark, husband and wife, {hereinafter the "Applicants'�are owners of the properiy located at 140 Leaf Street within the City of Orono{hereinaf}er the"City'�and legally described as follows: Tract C,Registered Land Survey No. 744,files of Registrar of Titles, County of Hennepin,Minnesota(here�inafter the "Propert}�');and RTI�REAS,the ApplicJants an June 23,2016 made a complete application to the City for variances to Orono Municipal Zoning Code Sections 78-420, 78-1279 and 78-1680 in order to allow the construction of additions to the existing single family residence consisting of a covered deck, stairs and enclosed storage area, such additions constituti.ng structure and hardcover a portion of which will be located less than 75 feet from a protected tributary where no structure or hardcover is normally allowed; and R'HEREAS,on July 18, 2a16 after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Orono Plan�ning Commission held a public hearing, at which time all persons desu�iz�g to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on July 18, 2016, the Planning Commission on a vote of 6-Q reconamended approval of the variances as presented; and WI�REAS, on Augu.4t 8, 2016,the Orono City Council reviewed the application and the recommend.ations of the Planning Commission aad 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: FL�TDINGS OF FACT: A1. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetin.gs, and any and all other materials distributed at these meetings are hereby incorporated by reference. 1 ��o CITY �F �RONQ RESOLUTION OF'FHE CITY COUNCIL ��� e'� rro. 6 6 6 0 �k SH09`� A2. The Property is locazsd witban the RR 1B Single Family Rural Residential District which requires a minimwm lot area of 2.0 acres and a minimum lot wicith of 200' for conslruction of a singf e family residence. A3. The Property is 0.62 acres in area, being 180 feet in defiaed width. The property is considered as legally nonconforming with regazd to lot area and lot width. A4. The property is located within Stonm Water Quality Overlay District Tier 1 which allows 25% hazdcover. The proposed residence additions will result in total hardcover on the pmperty of 4,212 s.f.or appro�cimately 15.7%,well below the maximum overall hardcover allowaa�ce for the Properly. Hardcover within the 0-75' zone where no hardcover is normally allowed is I,Q70 s.f. A5. The applicants are proposing to reconfigure an exi.s�g deck into a covered deck with storage below, on the east side of the residence. The property abuts the creek that flows fiom Lake Classen to Stubbs Bay wluch is a protectsd tributary and subject to a 75' structure setback as well as the standard limitatians on hardcover in the 0-75' zoae. Portions of the �ist�ag house, deck and patio are within 75' of the creek shoreline,which normally exasts act approximately the 960'contour,fluctuations being controlled by the dam further south just east of Leaf Street.. A6. The exisbng house is two levels with a flat roof,and the proposed deck area roconfiguration will retain that stylin$, The construction will be occurring almost ernirely aver existing patio, deck or driveway hardcover, and no hardcover increase is pmposod. The additional superstruchue of storage area enclosure and deck mof constitute aew stcvctu�e within 75' of the shoreline,requirimg a variancs for hardcovcr conversion and stcucture within 75' of the creek A7. T1ne proposai to r�place the existing deck in its existing footprint, add a roof over it, and create enclosed storage under it, will not increase hardcover from the existing levels. Existing and proposed hardcover at just under 16%is w+ell below the 25%threahold for the site,and no additional hardcover is being added in the 0-75' zone, so runoff from the site is not expected to increase. A8. The only new structure footprint proposed is the 4' extensian of the deck southward and the stairway leading to the driveway. This constitutes 46 s.f.of added sf�vctural hardcover in the 0-75' zone, while overall structural coverage on the lot will still be at o�nly 5.5%, well below the 15%Iimit. A9. The praposed roof over the reconfigured deck will provide functionality while enbancing the architectural styling of the existing residence. Because the proposed deck roof is well below the 30'height limit,it is not expected to be visually int,rusive from off-site. 2 r �-O�o cITY oF oRONo RESOLUTION OF TI� CITY COUNCIL y�� ���� xo. b 6 6 0 � SHO� A14. Lots in the Swan Lake Addition{subdivided in 1959)which borders the creek, including homes on Leaf Strcet and Cygnet Place, are typically 3/�-1 acre in size. This area was developed prior to the current 2-a.cre zoning. The dam that created a pond from what was initially a narrow creek, was construoted betwear 1956 and 1960 based on available aitphotos: At the time the applicants' home was constructed,the City would have not had a 75' setback from the creek. Prior to 1992, the creek would have been considered as a wetland for setback purposes,with a structure setback requireme�of 25' �d no hardcover limitations. A11. 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 effeot on values of property in the siurounding area VARIA3�TCE ANALYSIS: Bl. "Variances shall anly be permitted when they are in harmony with the general purposes and intent of the ordinance. . . ." Singlo-family homes are an allowed ase wi�in the RR- 1B zoning diatrict, and the prnpo�ed deck and stornge area are common elementa of single family homes. ' B2. "Variances shall only be permitted... when the variances are consistent wxth the comprehensive plan." The propoaed conatructioa is for a residential a�se which fs conaiatent with the compreheneive plan gaidin� of this and surrounding praperties for residential nse. B3. "Variances m�.y be granted when the applicant for the variance establishes that there are practical difficulties in complying wi��e zoning ordinauce. `Pra�iic�difficulties,' as used in connection with the graating of a variance,means tt�at: i. The properiy owner in qwestion propose.s to use the property in a reasonable manner, haw+ever,the proposed use is not permitted by the official controls.'° ii. The plight of the landowner is due to circumstances imique to his property not created by the landowner.°, iii. The variance,if granted,will not alter the essential ch�acter of�e Iocality." The property owners are propoging to n�e the properiy in a rea�onable manner but the specific setback reqnirements of the Zoning Code relative to hardcover and atructure location result in the nced for variances in arder to constract the deck and storage area. 3 ��o CITY OF ORONO ' RESOLUTId1�OF THE CTTY COUNCIL ��'� ��'� No. b 6 6 0 �&�SKo�� The plight of the property owners is due to the location oi the ee�sting hoase,deck and patio aress wluch based on available City record� were created prior to the 1992 e�tabli�hment of setback and hardcover standards relative to the tributaty creek. The property owner did not create this situatioa Reconfiguration of the deck and storage area as prnposed i�s not anticipated to alter the cLaracter of the n�ighborhood,as the proposed additions are in an area of the property that slready is covered by atrartaree,and the prnposed additions ar�not anhcip�ted to be visuaII,y int�casive. B4. "Economic considerations alone do not con�titute practical di�'iculties." Economic considerations have not bcen a factor in the variance apprnval determination. B5. "Practical difficulties also include but are not limited to inadequate access to dir�ct sunlight for solar energy systems. Variances shall be graated for esrth sh�eltered constniction as defined in Minn. Stat. § 216C.Ob,subd. 2,when in harmony with Qrono City Cod�e Chapter 78:' This condition i�not applicable. B6. "The boazd or the council may not permit as a vazisncc any use that is not permitted under Orono City Code Cb,�pter 78 for praperty u� the zone where tb.e affected �erson's land is locabed." T'his condition is not applicable, as tfie use for a single family residence is an aIlowed nse in the RR 1B Disrtrict. B7. "'The baard or council may permit as a variance the temporary use of a one-family dwelling as a two-f�ily dw�elling." Tl�is condition is not applicable. B8. "The special conditions applying to the structure or land in question are peculiar to such praperty or immedia#ely ad.lo�B ProP�Y�" The conditions applica6le to this ProPerh' are consistent with alf prnperties that abut protected.lake$hore and protected tribataries in Orono. How�ver,the condition of having eristing hardcover and atructure within the 0-75' Shoreland setback zone is lesa comman, and providea a basis for apprwal of the variances that would othecwise not eaisk B9. "The conditions do not apply generally to other land or stivatures in the district in which the l�d is located.". The condit�ons apply to mairy other homes on lota abutting protected �ributaries in the Orono wluch as s re�nit of the required setbacks may have bec�me nonconformung under the new Shoretand atandards adapted in 1992; but do not apply to a majority of lots within the RR 1B distric� B10. "The granting of the application is necessary for the preservation and eajoyment of a substantial pmp�iy right of the applicant." The eaiating Lardcover and atructare nre considered to be noncanforming but bec�me so when the Shoreland standards were adopted in 1992. The applicanta have the right to retain and mamtain the eristing deck � ��o c1� oF oRONo RESOLUTION OF THE CITY COLTI�'CIL � �� ' e xo. 6660 t���SHO�E and pafio. However, approval of variances will allow for additiona!�torage below the deck without having mcreasing any impact on 5ardcover or rano$from the site. The propoaed roof over the deck is anticipated to provide greater livability withont any new impacb on hardcover or runo�and min�mal if any ixnpacts on the visual character of the nei�borhood. B11. "T�e granting of the proposed variawce will not in any vv�ay impair health, safety,comfrnt or morals, or in any other z�espect be coxitrary to the int�en�t of this chapter," Granting of the varisnces wauld not impair health, safety, comfort or moials and wonld be in keeping with the mtent of the zoning code. B12. "The gcatrt,ing of such variance will not merely serve as a convenience to the applicant,but is necessa.ry to alleviate demonsirable difficulty." The location of the eristmg home and deck in relation to t�e creek is a practical difficulty,as adhereitce to tlte aetback requirements for �ttructure and 6a�dcover would di�allow the intended upgradeg and merely Allow repkcement in land of the eristing deteriorat�ng deck. CONCLLTSIONS,ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby graats variances to Orono Municipal Zoning Code Sections 78-420, 18-1279 an►d 78-1680 in order to allow the construction of additions to the existing single family residence consisting of a covered deck,stairs and enclosed storage area,such edditions constituting structure and hardcover a portion of which will be located less than 75 feet from a protected tributary where no struchue or hardcover is normally allowed, subject to the following canditions: 1. Council approval is based on the survey and site plans submitted by the Applicants and annota�ted by City staff, attached to this Resolution as Ezhibit A and the conceptual building plaus attached as Ezhibit B. Any amendments to the approved survey, site plsn or building plsas which are not in conformity with City codes or wluch require fi�h�r variances will require further Planning Cammission and City Couacil review. 2. Applicants shall comply with the pernlitting requixements of the Minnehaha Creek Watershed District. 3. Authorities granted by this resolution run with the Pmperty not with the owners, but are permissive only and must be exercised by obtaining a building permit for the project and s ��U CITY C)F C)RONO RESOLUTION OF THE CITY COUNCIL �� �-'� No. 6 6 6 0 ���sxo�-� -- - --- - -- Eo�neaei�g-cons�etic�ion a€sa�d�ro,�ee�withi�flne year of th�e date of Council approval, or the variances will expire on that date(August 8,2017}. 4. Violation of or non-compliance with any of the terms and canditions 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 undersigaed Owners have read, und�rstand and hereby agree to the terms of this res�lution and on behslf of the Owners aad the Owners' heirs, su�ccessors atid assigns, hereby agree to the recording of this resoluti.an in the chain of title of the Property. Adopted by the Orono City C�uncil on the 8th dsy of August,2016. �``��-��'��\t,�,�l� ti�� - �� ���p� ,�'I'i'� ,.vas,, 1�, .... ,� � „ 8, r' ,°����' !t.���, m r, ;'` r; `�'' d"�, �1. i ,+ � � �� !� ,�T��;��''�,�� . Lili Tod McMillan,Mayor � . '� c:i� .;. r� ;it,,T}� #�"``ye, ,i..�.... �4I�a�_�c� ���1�t1�Ct�,1� p er PrBperty Owner 6 � ��o CITY �F ORONa � RESOLUTION OF THE CTTY COUNCII, �� �e'� No. 6 d 6 0 �k�3xo4 STA'TE OF MIl�TNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged be#'ore me this��ay of��-_,_,2016,by Gregg Allen Katchmark,husband of Rebec�a Eve Katchmark. `���c�.� �-t_.�l' �c�c : �.;�::��� Notary Public :y- �'R.,.. ��,«b�, �f RACHELDODGE �<. -. � NOTARY PUBLIC-MINNESOTA �:�:�:` �Y��on Expires Jan.31,2020 � STATE OF MIl�'NESOTA COUNTY C)F HENNEPIN The foregoing instrument was acknowledged before me this��day of�u 2016,by Rebecca Eve Katchmark,wife of Cneg�Allen Katchrnazk. l'�"�0�-�_l�-�-.-�' �l� -.�=.��-�,�. ATotary Public �— ::� � ::a RACHEL DODGE � NOTARY PUBLIC-MINNESOTA ;: .;.� My Corte►assion ExPires Jan.31,2020 7 CERTIFICATE OF SURVEY FOR - - � GREG� KATCHMARK �N2"�s ��'�`g� ( 33 � � 1 OF TRACT C, R.L.S. N0. 744 CfTYOFORONO � I ( HENNEPIN COUNTY, MINNESOTA ( I � G"� I �r�t1� ! 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I �(.� / r t � \ "�•.. ,f a,,,� �"°� Jp+° � �e��: � / � 1 � � � \ `'--. � � I • ` ��' �� ..�' � I % ��— 33. � � � /��7�u �r� ��y r � .,.! f� / �c4r � � ti If J! �r�.� 1� / i Y,V�`l�` '�iNa � �t � 1 � � I / I� : �1 � 1 � f � ' ` � � � �� � � I ; �� , � Ioo �„�,; � , ; � (swaw uuc� cn 1 0 � �I � �6 I � � � � � � � /�� � PA I ��� O I s�.�� � � �s � ( ��T 4 � i i I �, � �ousE� � i � � ,� � I �' i i � �;�� �� i i � z�►��► � � W �r � � �,s � � �.0 � � � �, W , !� �...__._.. �, �, f � ������-_ � � , .� _ , � � � � � [--� �•,,,, �� I �� � _ _ �,�� ,�m r i ��1 L+ �es� / /� � STARS I , , � � � � �# � � �''�'� �� �,� �,T�A C T � __-�Y- � 1� `' � ( � �� f �� �/ �' � � � J' � � � � �& j � .�, .. �� !� v. � � IW o / ""� �75 �,� � � � o � I BLACKTOP � ' � 4 �ry � I � p � � I I DRN�WAY � L�A� I ) l ? � � 1 � 1 � 1 � � 1 O�' � I � _ - -. c � � ' i' ' ! . ..�. `�%� � ; ; �`'a� i l ~ a o � •� � � 6660 Resolution Exhibit B n..rnMtw.�rrtl�..wsa N 1 W�E CLrnAldrilwYYdr� � f � 3 7 � � d � � I Mn.w�rr.rwe�.ra 7r.w...w..�rr+..�rwi.s.we . ��R��NK���L�MWw�/� �#t � � . ,1M2'2mu d1f2Ymte #3846 ��� °^��� # 38h6 _ . � . � Q . � .. �. � � � � � � � ��€ � , � �� � �� ��� � �Z �� � � _�� � � � #38�6 ���,�„ ��� # 3846 ��«� L v � �' f r 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 resolution adopted at the meeting of the Orono City Council on August 8�`, 2016, with the original thereof on file in my of�ce, and the same is a correct transcription thereof. .>_..;j��,,� ' - - . "�lRdl� <<r� "': WITNESS my hand officially as such City Clerk and th��ec�ora,te _+� 'of��;�itF�this 25�"day of August, 2016. �;��- �`�°� r', 1 '', '`, ''� t,' r � :�r.�r, =�-�. �. a, j �, '�.: :� .L f:.° ✓ f +a;:.i. � i ',t.� : a"S . / ane'�'�eg �P ��� � � `��'-,�'�; �. � � �ao � i.�.�Vt ;+���Q �- rr�{(!,`; � � •�q�`�.-' ' tl,� ��.