HomeMy WebLinkAboutResolution 6751 'e
Doc No T05439620
Certified, filed and/or recorded on
Apr 27, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
� Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1541009M
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
814333
This cover sheet is now a permanent part of the recorded document.
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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G��' rro. �i 7 � 1
t�KESH�4�
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-330
FILE NO. 17-3914
WHEREAS, Phillip Otto, and Darcy Otto, a married couple (hereinafter the
"Applicants"), are the owners of the property located at 4116 Highwood Road and legally described
as:
That part of Lot 38, "Highwood Lake Minnetonka', Hennepin County, Minnesota,
described as follows: Commencing at the Northeasterly corner of said Lot; thence
Southwesterly along the Southeasterly line of said Lot a distance of 98 feet to the point
of beginning of the property being described; thence deflecting right 69 degrees a
distance of 6.2 feet;thence deflecting left 90 degrees to said Southeasterly line;thence
Northeasterly to the point of beginning.
That part of Lot 40, "Highwood Lake Minnetonka", Hennepin County, Minnesota, lying
Southwesterly of the line drawn from a point on the Northwesterly line of said Lot,
distant 22 feet Northeasterly from the Southwest corner of said Lot, to a point on the
most Southeasterly line of said Lot,distant 12 feet Northeasterly from said Southwest
corner.
Lot 39 and 43, "Highwood Lake Minnetonka", Hennepin County, Minnesota, (PID 07-
117-23-44-0088).
(hereinafter the"Property");
WHEREAS, on February 21, 2017, the Applicants have made application to the
City of O�ono for a variance to Orono Municipal Zoning Code Section 78-330 to allow construction
of a 16 foot x 16 foot addition to the existing home 3 feet from the side lot line where a 10 foot
setback is required; and
WHEREAS, on March 20, 2017, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the 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 recommended approval
of the variance; and
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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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tqkFsgp��'
WHEREAS, on April 10, 2017, the 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 variance as described above based on one or more of the
following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3914. The analysis contained within
staff memos 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.
2. The Property is located in the LR-1 B Single Family Lakeshore Residential Zoning District.
3. The Property contains 16,847 square feet (0.38 acre) in area and has a defined lot width
of 113 feet.
4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following variance:
a. Side Setback Variance
6. In considering this application for variance, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed variance
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.
ANALYSIS:
1. "Variances shall only be permitted when they are in harmony with the general purposes
and intent of the ordinance . . . ."The proposed addition is residential in nature. Due to the
orientation of the adjacent properties and the homes on each property, there is adequate
space for light, air and open space between the proposed addition and the neighboring
home. The variance is in harmony with the Ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variance allowing improvements to a single family residence in
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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� G�� rro. � 7 � 1
t'�kESH04�
a residential zone are consistent with the Comprehensive Plan as well as the character of
the neighborhood.
3. "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:
a. The property owner in question proposes to use the property in a reasonable manner,
however, the proposed use is not permitted by the o�cial controls.
The request to permit construction of an addition to the home, within the 10 foot
side setback appears to be reasonable as the adjacent properties do not appear
to be adversely impacted; the mature vegetation and topography separate the
Property from adjacent neighbors.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The shape and size of the Property were not the result of actions by the landowner.
The existing home was constructed as a replacement home as the result of a fire
in approximately 1989; the new home was constructed in approximately 1994 by
the current owner in the location of the previous fire-damaged home. The nearest
structure on the neighboring property to the northwest is a detached one-story
garage and it is set back and oriented sufficiently to allow for light, air, and open
space between the finro structures.
c. The variance, if granted, will not alter the essential character of the locality."
The proposed addition to the home will not alter the character of the neighborhood.
The proposed post construction will permit existing drainage patterns to be
maintained. Stormwater drainage in this neighborhood is challenging creating a
practical difficulty.
4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have not been a factor in the variance approval determination.
5. "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.
6. "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 residence is an allowed use in
the LR-1 B District.
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RESOLUTION OF THE CITY COUNCIL
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7. "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.
8. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property." The topography, lot width, and the home's
proximity and orientation to the property line are special conditions unique to the Property.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." The topography, which drops off steadily as you move east, the
narrowness of the lot, the angle of the property lines from the road, as well as the
nonconforming location of the home on the lot make the Property unique.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." Options for conforming expansions of living
space, including upward expansions, are severely limited on the Property. Staff finds the
variance is necessary to preserve the property right of the applicants.
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 the
requested variances will not adversely impact health, safety, comfort, or morals; nor will it
be contrary to the intent of the Code.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty."The lot width, the location and size of the
existing home, as well as site topography, create practical difficulties affecting the
Property; the variance is necessary and will not merely serve as a convenience to the
Owner.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a 16' x 16'
addition to the existing home, on posts, 3 feet from the side lot line where a 10 foot setback is
required, subject to the following conditions:
1. Council approval is based on the survey dated January 23, 2017 by Schoborg Land
Services and building plans submitted by the Applicants and annotated by City staff,
attached to this Resolution as Exhibits A & B. Any amendments to the plans which are
not in conformity with City codes may require further Planning Commission and City
Council review.
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���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y� ��� NO. � � � �
tqKESH���
2. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (April 10, 2018).
3. 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 terminate any authority
granted herein, and shall be punishable as a misdemeanor.
ADOPTED by the Orono City Council on this 10�h day of April, 2017.
ATTEST: CITY OF ORONO:
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
Building Permit Survey \ � 6 7
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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 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.
ity Clerk
(seal)