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HomeMy WebLinkAboutReso 6751 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. � ���p CITY OF ORONO � RESOLUTION OF THE CITY COUNCIL � � 7 � � y � rro. E' G t'�kESHp��' A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 17-3914 WHEREAS, Phiilip 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 Orono 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 conceming this application were given the opportunity to speak thereon; and WHEREAS, on March 20, 2017,the Planning Commission recommended approval of the variance; and 1 � �-��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � No. � 7 5 � ��' G 1`9xFs H 0�4' 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 pub�ic 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 2 � ���p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � �� No. � � � � y� � t�'�FSH�4� 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 official contro/s. 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/andowner is due to circumsfances unique to his property not created by the/andowner. 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 two structures. c. The variance, if granted, wil!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 di�culties." 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. 3 ���p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G,��" NO. � 7 � t tqkFSH04�' 7. "The board or council may permit 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 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 ptans which are not in conformity with City codes may require further Planning Commission and City Council review. 4 ���p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G�� rro. � � J � t�kFs H p��' 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 10th day of April, 2017. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 5 � Building Permit Survey \ �j 7 . Resol. No. Frepared 7or: � `��,���.` Dorcy o;to � �� � Exhibit A � � �'0�#17-3914 ' �� \ � y'�� \ f9� � n � I`%6� fa9P � - �wnd 7ron M.onumen t � �s'�F-r� o���v,�y� � x DGD.O £xistirtg E/evotion -vr s � Cxistir.g iAbli oa8? , �Manhde � � RW P.etorn�ng Wdl , � �.Q �. '0. ��0 � �, sc,�.e �°�°��` !. ��ryyo�oy, h / �� � �� F tV �O �� / ��9 ,y�,` �'' ��'� 43 a� � ti 1 tnch � 30 leet ��sys ' �p� +�� k`i / 2 ��� .� ..°� � . ,�,� a�.� h ���' � � ',., .o �� F �. . �.�i,_ ,� _ , 1S h_ i�l�y / _�•��� � �`_ y g�� �_ / '_ �� _ , 1 ��T � ` 7� / , '�r b� �� 'b � ��� �a�j�e'\ t'� ` � o`�ac� / � 1 .� '� ps7� , e � � ��G> � �'o,� �. � � ov�S� ����9��,e F MN 9s�B�p�LoyF � . e�i(� �19��. r '�" ^ � '' � myni S�te Add�eas: j�{ F .h�� RW--% ) � � %E�u No. � 4�76 Highwood Rd s> ;3'l� �� // Og '� �857153) � Wono. AeN 3536< 1 �r'p�'�. �"��8 /l` .�, ` f � �Q,�iJs �. JQp�O• i�..� �✓+j \� � / / /r�O�hd�.D?�t �F��'��`{`' � � '-�6�q>a� '�ry� �\ ���% I� P_.Q?oset!Herdtover Ga/c��ol;nn� (sa If J ����Ht y''1�� "`S � q.7 Proyptcd A4dition ?36 � N70 : t � � �So �� Es95 Exist' Hwse 97b 7S, �S7'�-_« ^` � .� fro 8 1 �.95�- � peck k 5eeps �33 �5(cpy�p) � _ � ' � '�n°`0 i k� B;tuminou:Drnc�.cy v,a�5 ��L �aJ J�, / Retoininq Wads 365 `� ' �� �,+s� �'� Shed _� X%ttmy �9�e � 35J6 � egy ' f ./ �Bs Lat Areo 76.8s7 �.��� � � � Tofoi Mordcavrr ?LOz �, �S Jg S74b u � .-RW��mtn� i � a � --_:r-- a _ 0'� 7d? _ ,/ ' �� ��$S��N�� y1�18' No grods+q is propnssd/a tnis sYe. � S 9�i( � Ori�O�S �'.�, ����'{� 8aendarv Des^riefion (:SlAAI�d Zt!'�Junl) ��V � �3.3 / fiat pwf ol tot S8, 'Nighwood Lake M;mrefonko', ,4�^ � RW' � . 939.r.�, Nmnepirt County, Minnesota Descnbad as /oflows: Commencir+g of fhe Nortbsoaterly cromar ol soid Lol; ,� � �d)'� fhence SouthwesterJy dong the Sw<heostrrlr line ol �'� 76 R� tfa� soid bt a d;stance ol 98/eet to thr point o! .1 �p�• �d � �a tQ' Deginnmg o/the property 6eirig Aescri4e4 thence r�j y��j.���1� tle�ecting righf 69 degreea o 07stonce ol 6.?feet; �igf• lhente deflsctiag lelt 90 deqress ta soid Sootheasteny 6� /��S line; thents Npr}hepste�y to fhe yoinf ol beginninp. � 5 fiat port eI Lot 4D, Hfghwopd Lokc Minnetonko; Nennepfn Caunly, lf;nnesoto, lying i Sovthwesrrrly o1!he Yna Orown /�om p poinf on the NorthwestMy linr o!so�d tat, �J dlsfont 12 Ieed Nptheo5ferlr/rpm th!Soafhwest COmM O/said 1ot, to o poinf nn the / mcst Sovfheosfe�ly liae o/Soid lot, Aistont f? feef Nartheosferly bam soid Soutbwest / � COmP. ,/�965.5 / Lot 39 and 43, N;gh.00rt idre Mln�efonko', HenncpM Cwnty, N�nnesoto. 8eorings bose�on ossumet!datum. JoD NumDer: 8?66 SCHOBORG �herany certily lAaf tnts cert/Iicote ol aunry�ros prepared by me v w+der my dirett supavialon ond Bodr/Page: LL that f om o du/y Registered Lond Surveyw under fhe / � �/ LAD SERVlCES ,�ws �,�h� �,"'°'�e6D'� �^�y�<<: 8 �0 6, 8 z �6 n � Ornring Nome: ottadrvg J�C �i'��",gZ.� drOr»6y. Klft OoVS Pou18. 5chobng "� j Rsviaiaer, i/23/1�(prop. od�n. locctian) 763-97?-3??I 8997 Co. Rd. iJ SE � wwr.Schoboryiond.can Dslano, #IN 55328 aote- �(�1+lC���� 23.tr/7 Registrotinn no. 1a700 Resol. No. �1 � � , _ - Exhibit B ; #17-391�L , � , . ' _ , i , i , _ - - _ � � i . � : i. ,. , 7' . i , -- , , �_ _ _ - . _ ___ . . , . , � , - _ ' , . , i . , , ; . , , � _ �. ;= ;-: :. : _;_�,_: • i' I � _ �__ ._ _ _ ; __. __i __ , � 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 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 l lih day of April, 2017. ity Clerk (seal) �\\��`,4�t _ .��\.?��'° �,t/ ..:� , „� ,.,• �'. � �1'1,:�'.� . .� '� , t �' v `�- �^ ..� �C>� .�� .�..'��' 1.• r " , . ' .,�4 . .. .1� ."S� lp 1 P f .i�' . � y ..M��Fd�/t.8'skt'} 4:�(�., . . ,J �°"b�� �_� .�f� � � ; �� �F �'�t�.�t F��tij yG ,�id ��� �� � : i' � � .�p.�! t4t�'`� � ` _.7- � �`��•^Mti�. . . .