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Home My WebLink AboutResolution 6750 H � Doc No A10434113 Certified, filed and/or recorded on Apr 27, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1540997M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� No. 6 ? � �� `�KESHO�� A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL ZONING CODE SECTION 78-350 FOR PROPERTY LOCATED AT 2755 ETHEL AVENUE —FILE NO. 17-3909 WHEREAS, Ken & Sheralyn Saddler (hereinafter the "Applicants") are owners of the property located at 2755 Ethel Avenue within the City of Orono (hereinafter the "City") and legally described as follows: Lot 6,Block 3, "CASCO HEIGHTS",Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, on February 9, 2017 the Ap�licants made a complete application to the City of Orono for variances to Orono Zoning Code Section 78-350 in order to be allowed the Tier 2 hardcover allowance of 30% for an existing lot of 7,522 s.f. in area and 50 feet in width where the minimum lot size requirements are 21,780 s.f. in area and 100 feet in width; and WHEREAS,on March 20,2017 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 March 20, 2017, the Planning Commission on a vote of 5-0 recommended approval of the variances; and WHEREAS, on April 10, 2017,the City Council reviewed the application and the recommendations of the Planning Commission and City staf£ 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. Page 1 of 5 �`��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� �,�' No. 6 7 � � �'�kFSHO�� A2. The Property is located within the LR-1C Single Family Lakeshore Residential District which normally requires a minimum lot area of 0.5 acres (21,780 s.f.) and a minimum lot width of 100' for construction of a single family residence. A3. The Property is 7,522 s.f. (0.17 acres) in area and 50 feet in defined width, and contains an existing single family residence which was constructed on the property in 2015, replacing an older home. This lot qualified for buildability without area and width variances under the Shoreland provisions of Zoning Code Section 78-72. However, a qualifier for taking advantage of the Shoreland ordinance was a hardcover limitation of 25%, and the new home meets that limitation at 24.99%. A4. The property is located within Storm Water Overlay District Tier 2 which normally allows 30%hardcover for conforming lots.In order for a nonconforming lot to qualify for the 30% hardcover allowance, lot azea and width variances are required. A5. The owner wishes to be able to add certain hardcover amenities including a deck,patio and hot tub. In order to be able to exceed 25% up to the 30% limit, the lot area and width variances are required. Conceptual plans for these amenities have been submitted, and once the area and width variances are granted, any additional hardcover will be limited to 30%. No setback variances are requested. A6. The neighborhood consists of single family homes located on individual lots as well as combinations of lots. The applicant's property had contained a single family residence for many decades before it was recently replaced with a new home. The ability to have the same type of hardcover amenities as other existing single-lot developed properties in the neighborhood would be limited if the area and width variances are not granted. A7. 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: B1. "Variances shall only be permitted when they are in hannony with the general purposes and intent of the ordinance . . . ." Single family residences are a per»ritted use within the LR-1 C zoning distric� B2. "Variances shall only be permitted... when the variances are consistent with the comprehensive plan." The residential principal structure and associated amenities are residential uses which are consistent with the comprehensive plan guiding of this and surrounding properties for residential use. Page 2 of 5 2„ ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �,� NO. � 7 � �� '�kEsr►o��. B3. "Variances may be granted when the applicant for the variance establishes that there aze 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 pernutted by the official controls." ii. The plight of the landowner is due to circumstances unique to his property not created by the landowner." iii. The variance,if granted,will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the size ojthe lot is below the minimum lot size standards of the Zoning Code. The plight of the property owner is due to the ezisting substandard lot size,which is a result of the property being platted as part of the `Casco Heights'subdivision in 1911,long before local zoning codes were in effec� The Casco Heights neighborhood (primarily fronting on Casco Avenue,EthelAvenue, CarolineAvenue and Casco PointRoad) consists of lots rypically 50 feet in width and ranging in depth from 140-190 fee� Over time approximately one- fourth of the lots in the neighborhood have been developed singly, whi[e the remainder have been developed in combinations ranging from 1-1/2 to 3 lots in width. A single family residence with associated amenities on a single lot in this neighborhood is not inconsistent with the character of the surrounding neighborhood. Lots surrounding applicants'property are all similarly within Hardcover Tier 2. B4. "Economic considerations alone do not constitute practical difficulties." Econo»ric considerations have not been a factor in the variance approval determination. B5. "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 condition is not applicable. B6. "The board or the council may not permit as a variance any use that is not pernutted 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 is an allowed use in the LR-1 C Distric� 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. "T'he special conditions applying to the structure or land in question are peculiaz to such property or immediately adjoining property." The lot area,lot width,setback,hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood,and there are many similar sized developed lots in the neighborhood Page 3 of 5 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � 6 ? JU y� �� NO. �'�kFSH�� B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The standards applicable to this property apply to all other property in the neighborhood; however, in order to be allowed the 30% hardcover that other developed similar-sized lots are afforded, a variance to lot area and width is required B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 30% hardcover that neighboring similar-sized lots are allowed 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 area and width variances would not impair health,safety, comfort or morals and would not be contrary 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 of the variances will alleviate a practical difficulty by a[lowing the properly to be developed under the same hardcover and structural coverage allowances as other similar-sized developed lots in the neighborhood 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 78-350 in order to be allowed the Tier 2 hardcover allowance of 30% for an existing lot of 7,522 s.f. in area and 50 feet in width where the minimum lot size requirements are 21,780 s.f. in area and 100 feet in width, subject to the following conditions: 1. Council approval is based on the survey and conceptual landscape plan submitted by the Applicant, attached to this Resolution as Ezhibit A. Hardcover on the property sha11 not exceed 30%. Lot Coverage by structures on the property shall not exceed 2000 square feet. All new construction resulting from the granting of the area and width variances shall be in conformity with setback and height requirements. 2. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only. Page4of5 ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y6'�q �G� N0. � � �, `„i '�ESH�� 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code. Adopted by the Orono City Council on the lOth day of April, 2017. ATTEST: � Anna Carlson, City Clerk Dennis Walsh, Mayor Page 5 of 5 � � Resolution m ��, nr� b � �H M�. $w� ss�,�_ � � °4��-.,�� ExhibitA �€��, � q��: � "s_ � 4� \s'�� $��+�� a�$,o�o $ �°c��i� v � K g q n�" o Q '�'$�� o c�"n p$ a A�� • � t� �� 7 i1 N n n " o R � �,� 0�'�Q� �3,i1 �� ; � 1 J U bN{b�{b�b(� � �p� A OO/ /�R O � fb 4 01 Or,lb p i� \ � �JV�'-' • � Q 2 �. p � u �, ,�+ �� qT� 0` • �- Oi�1� N�40 � AHi ��vV �" G� � ICC. 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A n,d cr.:, p. 4 Q f 5 a'namentol gosses � _men ev rgeen / a� �aduood mukr � �: i � 3 i.p-Ights \ J2 polh li¢�ts - // � REVSED i � �-r �rrrs.ken soddler 2l',S ethel werve Tx�w�s�xoun�wunnc ama�o!�c uH��re o�cn.m�ra�riwn t .i;oytoto,mn 5539 .xo rurmnc m��wnas vauvr w.nomuaonenvaaiemms evou rawr�aw�e+camrr. � � �or,_�xy 17,2CN6 NRINOI UCf�IL MAY�NFZt�ARY PoR QNIA�RURIOM PURPT$ •,�y � PrC�'1��r=^� P..I1fX�i/K� STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) T'he 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 April 10, 2017 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 11�' day of April, 2017. City Clerk (seal)