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Home My WebLink About#6584-variances-2016 , . ��1� �Ur rt S� ' . � � � Doc No A10311708 Certified, filed and/or recorded on May 4, 2016 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 1388376M Document Recording Fee $46.00 Document Total $46.00 J This cover sheet is now a permanent part of the recorded document. �� . , . �. ` , F �0�� C IT� 4F ORQNO RESOLUTION OF THE CITY COUNCIL y�l� �.�'�� N O. �� u ,'} kESH�� , d A RESOLUTION APPROVING VARIANCES FROM ORONO MUNICIPAL ZONING CODE SECTIONS 78-350, 78-1435, 78-1438 AND 78-1511 FOR PROPERTY LOCATED AT 3414 LIVINGSTON AVENUE —FILE N0. 16-3801. WHEREAS, Cazl E. Borg III and Caren G. Borg,husband and wife,(hereinafter the "Applicants")are owners of the property located at 3414 Livingston Avenue within the City of Orono (hereinafter the"City") and legally described as follows: Lots 22 and 23, Block 2,NAVARRE HEIGHTS, Hennepin County,Minnesota (hereinafter the"property"); and WHEREAS, on December 15, 2015 the Applicants made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-350 and 78-1511 to allow construction of a detached garage located 25.2 feet from the front street lot line and in the required street yard where a 30-foot setback is normally required; and a variance to Section 78-1435 to allow said garage to encroach streetwazd of the front line of the principal residence structure; and a variance to Section 78-1438 to allow the gazage to be located 8 feet from the existing open deck on the property where a 10-foot setback between structures is normally required; and WHEREAS, on January 19, 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 January 19, 2016, the Planning Commission on a vote of 6-0 recommended approval of the variances; and WHEREAS, on February 8, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff. Page 1 of 7 • � , �O A ' 1 v� C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��1� �.�'~� N O. � J t� �r kESHo� 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 fmdings of fact conceming this property: FINDINGS OF FACT: Al. 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. A2. The Property is located within the LR-1C Single Family Lakeshore Residential District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'.Detached garages are a permitted use in the LR-1C District. A3. The Property is 9,031 s.f. (0.21 acres) in area and 101 feet in defined width. A4. 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. A5. The applicants have owned the existing residence since 2001 and propose to construct a 20'x20' detached 2-sta11 single-story gazage. The property is considered as a corner lot and currently does not have a garage. The proposed garage will be located just southeast of the house,25 feet from the street lot line where a 30-foot setback is required and approximately 13 feet nearer the street than the house. The minimal garage size and proposed location allow for the garage to meet the 15-foot required side street setback from Shadywood Road. The proposed gazage will be approximately 8 feet from the deck platform where a 10' setback between structures is required. A6. With regard to the front / street setback variances, the triangular shape of the lot coupled with the location and orientation of the existing residence and its deck, create practical difficulties for siting a detached garage on the property. Pushing the proposed garage further north (in an attempt to reduce or eliminate the variance for an accessory structure nearer the road than the principal structure)necessarily forces it to move nearer the house and onto the deck area in order to maintain the requ.ired 15' side street setback. Removing the deck and attaching the garage would likely result in significant changes to the house and is not the desire of the applicant. Alternatively, locating the detached garage less than 15' from Shadywood Road is also not desirable and would not be supported by stafF. Page 2 of 7 . � � ' �-0� � C ITY OF QRON� RESOLUTION OF THE CITY COUNCIL ��s ti�'�� N O. � J � <:: kEsxo� A7. At 20' x 20' the detached garage is generally as small as a 2-sta11 garage can be while still being functional. A review of the immediate Livingston Avenue neighborhood indicates that while a majority of detached garages are located in reaz or side yazds, a variance was granted in 2002 for a detached garage in front of the house for the property to the immediate west at 3422 Livingston. In that case the 30' front setback was able to be met. A8. The proposed 25-foot street setback and 20' wide driveway will allow for parking of at least two vehicles in the driveway without encroaching into the right-of-way. A9. Regazding the structure-to-structure setback variance, the proposed garage will be approximately 8 feet from the platform of the existing open deck on the property,and about 5 feet from the edge of the steps. The intent of the 10-foot separation requirement is two- fold: 1)to reduce the visual density of a site,and 2)to allow for access between structures. Because the deck is open and extends from the main floor,the visual impact of the proposed garage should be relatively minimal. Access to the rear of the lot should still be feasible azound the east side of the lot. A10. The applicant has very few options for revising the plan. Making the garage narrower,for instance as a 1-sta11 or 1-1/2 sta11 configuration,would allow it to move further back on the site without encroaching the side street setback. However,that likely would force it closer to the deck, and would decrease the functionality and storage space gained with a 2-stall garage. Angling the garage to be square with the house rather than square with the street might provide only minimal relief from the setback encroachments. The setback variances for the proposed garage are not extreme, and with such a difficult lot, unavoidable unless a very narrow and less functional garage is constructed. While there is existing vegetative screening of the proposed garage location from Shadywood Road, and while that is primarily deciduous screening, no variance from the side street setback is proposed. ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The proposed variances to a11ow the construction of a detached garage on property zoned for single family use is consistent with the general intent and purpose of the Ordinance. Detached garages are a common amenity associated with residences and aze an allowed accessory structure within the LR-1 C zoning district. B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." Granting of the proposed variances to construct a detached garage to serve a single family residence is consistent with the residential guiding of this and surrounding properties in the Comprehensive Plan. Page 3 of 7 1 � ' �O�O C ITY 4F ORONO RESOLUTION OF THE CITY COUNCIL � ��' (,~� � � � �t t`�'�Esxo�`` N O. B3. "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: i. The property owner in question proposes to use the property in a reasonable manner, however,the proposed use is not permitted by the offcial controls." ii. The plight of the landowner is due to circumstances unique to his properiy not created by the landowner." iii. The variance,if granted,will not alter the essential character of the locality." The Applicants are proposing to use the Property in a reasona.ble manner very similar to how it is currently and has historically been used,but the specific locational aspects of the request aze not pernutted by the Zoning Code. The plight of the Applicants is due to having an extremely small and odd-shaped lot which as a result makes it impossible to meet all required accessory structure setbacks, a condition not created by the property owner. The Applicants have demonstrated that the lot size and shape as well as the location of the e�sting house and deck are all practical difficulties that make it impossible to construct a reasonably sized - detached garage meeting a11 code requirements. All of these circumstances pre-dated the Applicants' ownership of the property and were not created by the landowner. Further, granting the variances will not result in a garage that is out of character with the surrounding neighborhood. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval deterniination. B5. "Practical difficulties also include but aze not limited to inadequate access to direct sunlight for solaz 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 condition is not applicable. B6. "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." This condition is not applicable, as the use for a single family residence with accessory buildings is an allowed use in the LR-1 C District. B7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This condition is not applicable. B8. "The special conditions applying to the structure or land in question are peculiar to such properly or immediately adjoining property." The condition of having a detached garage on Page 4 of 7 . , �-o�o C ITY OF ORON� � � RESOLUTION OF THE CITY COUNCIL , `�1.� �,�'~ N O. � J � �:f kESHO� small rectangulaz lots in the Navarre area is common; the triangular shape of this lot is very uncommon and presents a unique set of conditions for development of the site as compazed to other lots which are more regular in shape. B9. "The conditions do not apply generally to other land or structures in the distxict in which the land is located." The triangulaz shape of the property is not common in the Navarre area nor in Orono generally,and therefore the conditions imposed by the City ordinances are difficult to meet. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial properiy right of the applicant." The ability to have a gazage would appear to be necessary for the preservation and enjoyment of any substantial property right. B 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." Granting of the proposed variances is not expected to cause any impairment to health, safety, comfort or morals, and will be in keeping with the intent of the Zoning Code. B 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is necessary to alleviate demonstrable difficulty." Granting the variances in order to have a minimum sized garage is necessary to alleviate a demonstrated practical difficulty. 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 78-350 and 78-1511 to allow construction of a detached gazage located 25.2 feet from the front street lot line and in the required street yard where a 30-foot street setback is normally required; and a variance to Section 78-1435 to allow said garage to encroach streetward of the front line of the principal residence structure; and a variance to Section 78-1438 to allow the garage to be located 8 feet from the existing open deck on the property where a 10-foot setback between structures is normally required; subject to the following conditions: 1. Council approval is based on the survey and garage plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Ezhibit A, and the approved hardcover calculation worksheet attached as Eghibit B. Any amendments to the approved survey which aze not in conformity with City codes will require further Planning Commission and City Council review. Page 5 of 7 . ' �-��O C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��'l,, �.`'~� N o. �' � g �� kESH�� 2. An as-built survey reflecting conformance to the approved plan shall be submitted at the time of final inspection of the garage, and prior to refund/release of the permit escrow. 3. Owners shall comply with the permitting requirements of the Minnehaha Creek Watershed District. 4. Authorities granted by tlus 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 (February 8,2017). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, sha11 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 8th day of February, 2016. ATTEST: '�/7 � ` e .a� " i � ,�1 ��.. ' e Tiegs, City Cler Lili Tod McMillan, Mayor Properly Owner ) STATE OF MINNESOTA COUNTY OF HENNEPIN Page 6 of 7 . �o�� C ITY C?F C}RO.I'�d�a RESOLUTTON OF THE CITY COUNCIL ��`°t G~�' �j .� ��$�o�� No. 5 3 .-: This insttument was acknowledged before me this�day of P ' 2016 b Cazl E.Borg III,husband of Caren G.Borg. ' y ° MONICAA.fiADNESS ' NOTa�r r��c-�,��N�soTa ' r�y co�s�n r�rres.�.s�,2on N Public STATE OF MINNESOTA COUNTY OF� ; 1NEPIN This instcvment was acknowleciged before me this�da.y of �� 2016,by Caren G. Bor g,w i f e o f C a r l E. B o r g I II. ,�a , RACHEL IX?DGE �c� NOTARY F'UB1.1C-MtNNESOTA - .��: i+�r c�on r�r�,►e�.3�,2�2o Notary Public -- Page 7 of 7 i _ Resdution E" �ST/l1�� E:hibitA CERTI!'ICATE OF 3UBV$Y P'OR � /q�/jOV�D �+A RAG O� CARL BORG OF LO'f3 22 dt 23,HLOCg 2,IQAVARRE HEIGHTS HENNEPIN COUNTY.1QNNS30TA (� ,s, sy \R� � � �e\ -�& �\\��\ O� � \` O � m.� - 9 '�t � � ��O (eeesl � �_� � \��t��\ �O \� 'P Cr� (rro. �_ �1�\ � `•\ oy� OP,�,� ~ �9—`_ `� �q\�� s� , �.\ � � � `E� \ O O` V ��j 1 '.\, ,� �,°,� _ \ � `\ qO P�, . `�, 22� \`. .yo w � � � /� u �'� ��\ N� �` X \ '� / _ �1 ` ��y�� l�D �Q � +F•'�\ �� a +� 3 *�� ep �++ � ` J �Z�fi' � . \� � HEt�I. CO. MON. C� 21 ` `� � \ \\ � � � O �, �, � w �` o� (�AD � HOUSE � \� \\� _ __ � � ��14 � c�L L � / \� � /� N er�n�o•w ixae re..+a�x�uv,vwc imns 'O1 w � (A� qy�� /� \7/ �� LIVNJGSTON AVENU� � rtno� � ��t90 \ c � µ � DECK � �`f � Tt \ � / � � +ta �) �y� '`'� . �� \� �J o r�, +� ��- \ 6fp oO � � / � PROPOSED � ty \� G .....�... y� \ I � �.mk.�cn av vm�srs� � � �� \ O� �w.a.�e�s.ma z w�vuae�mirs Z g�gg � �\�oren ��. � �st� e: s.�et.r�.ser � . � \� �/ �a pwa�: a��r.Mv��.w�..��r.r..ea. • i -';,.�.�`�a�..� RECEIVEt.� � � �� `� �ca�'J a"ocrar �( � �� ) \ �i TM. �b �,..a.a.r a u.m...a.e«.. DEC 1 5 2t�+� � / i l (K) � �..`�.e�.�'.e.uno��+...�w�eowa�r. � ' �,�;...ro�n•oen n,ne..n / � saax �C�TY OF ORONO � �� _ i . � RONBE G AND "JL"�'�SZ' ,-� M�.� — ��——� ( ,bi,�R( A330CIAT� INC...r.S�a:tr�""'"` ----— �,,,� (°°°.°) C `D" '�' N 89°50'40" W 124.86 Measured 124 NAVARRE HEIGHTS �_,„ .a. :.:. # 38 O1 LIVINGSTON AVENUE M � ��` !"=2 � cs� � a� �� ; � ; , L, , Resolution Exhibit B Git�+flf Orono ��ea�� t�u�a#�� i�e�fi : Property Ad�ress: � � .3'�t'14` L/di�JGJfGrlf ,�'1/�. �d�a�q J � Propar+�d by: G�P�.�./B 6��:'„„,,,� .�'J`Pr�f r.�t rc_ o�, Date: �y��.�_ 3tonnwater Qus�y Over�ay Dist�ct Tisr: (Cirt�e or�j 79er 1 TI$r Tie�3 Tief 4� Tte�6 Stap 2.{��SEp kU�� .,.. . In the folk�+u�taWe,ldentiFy a�Items of proposed haModvsr an the p�'opertY�key�by�to Cerd�c�tie�f&urv�eY(sun+�►r�t+st aowtr�pany thi��crm).lndud�9 a!I�h�rdc�ov�sr i�ms�at�te 1Mended to r�na�t��w�l ae a�proposed hsr+dc�r�er#tems that wiN be added. Uss�msery�as r�er�ary�aoc�rr�eJY�eP�P�Po�handoovet a�att�pf the pro�rty.Fnr'risr i p[c��ident�Y eny tmafiutes by fetter whi,c�t are sp�t at the 75'samack�e snd caiauiats i�ardoo+rer squsr�s footage for each tO NaMaawr fteen(Dascril�) tAm�th x W'idth otsl Swrv u�s fe a �x &F. B �� S.F. x S.F. �� B.F. a ` ° � F. E r.• $.f. F �� O S.�. a �� .� !S � S.F 1� �� ✓ . S.F. I .� �+ � S,F. J t+ a� _ " S.F. K i� C= S.F. L �� .n� S. . � 5.�. N S.F. � $.F. P .F. S.F. S T .F. y 8.F. � S.F. X F. Y .R. z s.�. 1 T�} Herciccver ';, S9 S.F. �cc��Hau+dc�a,rsr 8aa caso sac 78.1sli4- S.F. S:F. 5.f. S.F. S.F. sot�{E�du�ble Hardcover �. Net HaMoover Subh'aGi Me 2 front tine 1 Z 3'.�' B.F. 4 Totat Lot Area p Propos�d Fiardcovar P�aenb�ge [(�)+i4)l �6'.a;�9G �� J�nunr 8L 2�i3 U EC 2 8 711�1 C1TY OF OR�"'� 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 February 8, 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 21 st day of April, 2016. A:��~ , �� A1}�� y '. Y� 'd!'.� } Y':'ar :3'�' y�Y ��~'�' t\3 � ��s� 'R1 \ �` e'4;y�� ^� c. 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