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Doc No A10429884
Certified, filed and/or recorded on
Apr 10, 2017 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 127 Pkg ID 1535657M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
, •
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION
APPROVING VARIANCES FROM
MUNICIPAL CODE 58-47 AND
MUNICIPAL ZONING CODE SECTION 78-395
FILE NO. 17-3901
WHEREAS, Michael Burton Demenge and Aaron Strozinsky Demenge, a
married couple and Kurtis John Wolbeck and Amy Michele Wolbeck, a married couple
(hereinafter collectively the "Applicants"), are the owners of the property located at 4380 Sixth
Avenue North and legally described as:
That part of the Northeast Quarter of Section 31, Township 118 North, Range 23 West
of the 5t'' Principal Meridian, described as follows: Commencing at the Southwest
corner of the Northwest Quarter of the Northeast Quarter of said Section 31; thence
North along the West line of said Northeast Quarter,said West line being assumed for
purposes of this description to be a due North-South line, a distance of 260 feet;
thence North 37 degrees East a distance of 117 feet to the point of beginning of the
property being described; thence South 37 degrees West a distance of 117 feet;
thence South 460 feet thence North 49 degrees 30 minutes East to an irrtersection with
a line drawn through the point of beginning bearing South 40 degrees 30 minutes East;
thence North 40 degrees 30 minutes West to the point of beginning, Hennepin County,
Minnesota (hereinafter the "Property");
WHEREAS, on January 17, 2107, the Applicants made application to the City of
Orono for a variance to Orono Municipal Zoning Code Section 78-395 to allow construction of a
second-story addition over the existing home situated 76 feet from the front property line where a
100-foot setback is required; and
WHEREAS, on January 17, 2107, the Applicants made application to the City of
Orono for a variance to Orono Municipal Code Section 58-47 to permit one septic treatment site
where finro septic treatment sites are required; and
WHEREAS, on February 21, 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 conceming this application were given the opportunity
to speak thereon; and
WHEREAS, on February 21, 2017, the Planning Commission recommended
approval of the variance; and
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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WHEREAS, on February 27, 2017, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
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 #17-3901. 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 RR-1 A Rural Residential Zoning District.
3. The Property contains 1.8 acres in area and has a defined lot width of t370 feet.
4. Applicant has applied for the following variance[s]:
a. Front Yard Setback Variance
b. Number of Septic Sites
5. 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 variance will be in harmony with the
intent of the Zoning Code as the proposed improvement will not increase the footprint
size, and will be partially screened from view by the vegetation that exists between the
home and the street.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The addition to the residence is consistent with the comprehensive
plan. Although the front setback is substandard, the home is set back approximately 180
feet from the travelled portion of Sixth Avenue North and the addition will be partially
screened by existing vegetation.
,
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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 official controls.
The request to permit construction of an addition to the home, within the 100 foot
front setback area appears to be reasonable as the adjacent properties do not
appear to be adversely impacted; the mature vegetation and topography separate
the Property from both roadways as well as adjacent neighbors. The setback
encroachment will not create an unreasonable perception of additional massing.
b. The plight of the landowner is due to circumstances unique to his property not created
by the landowner.
The location, size, and orientation of the home on the Property were not the result
of actions by the Applicant. The neighboring home to the east is set back
sufficiently to allow for light, air, and open space befinreen the two homes.
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 existing home garage is set back 76 feet from the property line and approximately
180 feet from the paved roadway of Sixth Avenue. It does not appear that a second
story addition will adversely impact the neighbors.
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 perrnit as a variance any use that is not perrnitted 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 RR-1 A District.
��Np CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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7. "The board or council may perrnit as a variance the temporary use of a one-family dwelling
as a finro-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 home as constructed in 1963 met the 100
foot setback. As a result of the taking of the land to reorient Sixth Avenue (County Road
6), it is now at a nonconforming setback on the Property. The proposed improvements will
not increase the footprint nonconformity within the setback.
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 north and
northwest, the substandard area of the lot, 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 going upward, are limited on the Property by the septic system location
and challenges, front setback requirement, and topography. The variance is necessary to
preserve the property right of the Applicant.
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 variance 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 area, 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
Applicants.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Code Section 58-47 to permit one septic treatment site where two
septic treatment sites are required; and a variance to Orono Municipal Zoning Code Section 78-
395 to allow a second story expansion over the footprint of the home 76 feet from the front
property line where a 100 foot setback is normally required; subject to the following conditions:
1. Council approval is based on the survey dated 01/12/17 by Gronberg and Associates and
building plans submitted by the Applicants and annotated by City staff, attached to this
���p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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.
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 (February 27, 2018).
3. The variance from the number of septic sites recognizes the location of the wetlands,
property lines, and structures on the property limit options related to alternate, virgin septic
sites. Replacement of the septic system will likely occur at the same location of the
existing site, at higher than normal cost, and may render the property unusable during the
construction of this second system.
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 terminate any authority
granted herein, and shall be punishable as a misdemeanor.
5. The undersigned Applicants have read, understand and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants' 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 this 27�h day of February, 2017.
ATTEST: CITY OF ORONO:
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Anna Carlson, City Clerk Dennis Walsh, Mayor
�'��a CITY OF ORONO
RESOLUTION OF,�T��]�COUNCIL
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Michael Bu o Demenge Aaron Strozinsky D enge �
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this�3 day of ����' , 20 �� by
Michael Burton Demenge, husband of Aaron Strozinsky Demenge.
,,«�,,,,, TIMOTHY D WAGNER �(,�
,� � Notary Public �'`''
;k - � Minnesota Notary Publ�c
�s ,3 My Comm. Expires
Jan 31,2019
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this23 day of l�u��t , 20�7by,
Aaron Strozinsky Demenge, wife of Michael Burton Demenge.
��� � )
�,-.::;,,' TIMOTHY D WAGNER j �,�,w
� Notary Public Notary Public
\s +� Minnesota
My Comm. Expires
Jan 31,2019
���p CITY OF ORONO
RESOLUTION OF TI�E CIT;�OLJNCIL
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Kurtis John Wolbeck Amy Miche e Wolbeck
STATE OF MINNESOTA
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COUNTY OF
This instrument was acknowledged before me this �day of , 20 1 �, by
Kurtis John Wolbeck, husband of Amy Michele Wolbeck.
�� '4LEXANDRp►ROSESCHIEFELBEIN Notary Public
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�YC�pM�3310N D�AESOtA1/1D1A
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this � day of MQYt�NI , 20�1 , by
Amy Michele Wolbeck, wife of Kurtis John Wolbeck.
.
NICOLE CARA HEFFLEY
NOTARY PUBUC-MII�IESOTA
MYCOMMISSIONEXPIRE31I31/18 Notary Pu '
Resolution No
#17-3901
Exhibit A
CERTIFICATE OF SURVEY FOR
, MIKE DEMENGE
� IN THE NE 1/4 OF SEC. 31-118-23
I HENNEPIN COUNTY, MINNESOTA
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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 document adopted at the meeting of the Orono
City Council on February 27, 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
�day° , ��7 ; .� .
.� /�'
c,'� �' :-''���. �-n ` ._-.---�--._..___
�nna Carlson, City Clerk