HomeMy WebLinkAboutResolution 6735 `
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Doc No A10429710
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 97 Pkg ID 1535396M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
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���o CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��l ��-� No. b 7 3 5
9kESH0�
A RESOLUTION
GRANTING VARIANCES TO
ORONO MUNICIPAL ZO1vING CODE SECTION 78-350
FOR PROPERTY LOCATED AT
3472 LYRIC AVENUE
—FILE NO. 17-3906
WHEREAS, Mark Olson representing Joshua/Markum Builders. 1nc., a Minnesota
corporation, (hereinafter the "Applicant") is owner of the property located at 3472 Lyric Avenue
within the City of Orono (hereinafter the"City")and legally described as follows:
Lot 18,Block S,NAVARRE HEIGHTS,Hennepin County,Minnesota
(hereinafter the "properiy"); and
WHEREAS, on February 1, 2017 the Applicant made a complete application to
the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 in order to
construct a new residence on a lot of 6,721 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 February 21, 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 February 21, 2017, the Planning Commission on a vote of 6-0
recommended approval of the variances; and
WHEREAS,on March 13,2017,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 variances as described above based on one or more of the following
fmdings of fact concerning this property:
FINDINGS OF FACT:
A1. The analysis contained within staff inemos 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.
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���o CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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A2. The Property is located within the LR-1C Single Family Lakeshore Residential District
which requires a minimum lot area of 0.5 acres (21,780 s.£) and a minimum lot width of
100' for construction of a single family residence.
A3. The Property is 6,721 s.f. (0.15 acres)in area and 50 feet in defined width, and contains an
existing single family residence. The property is considered as legally nonconforming with
regard to lot area and lot width.
A4. The property is located within Storm Water Overlay District Tier 3 which allows 35%
hardcover for conforming lots. In order for a nonconforming lot to qualify for avoidance
of the need for area and width variances for redevelopment, the lot would be limited to
25%hardcover.
A5. The applicant is proposing to remove the existing residence structure and replace it with a
new residence. When applying for the demolition and building permits, applicant was
advised that either hardcover would be limited to 25%, or a lot azea & width variance
application would be required in order to increase that to 35%. Applicant determined that
keeping to the 25% limitation would severely restrict the driveway, decks, sidewalks, and
potential other amenities desired, hence this application. Setback, height and structural
coverage limits will be met; hardcover is proposed at 33.8%where 35%would be allowed
if the variances are granted.
A6. The Navarre Heights neighborhood consists of single family homes located on Lyric
Avenue, Livingston Avenue and Crystal Place, between Shadywood Road and Blaine
Avenue. In this neighborhood, 42 homes are on single lots virtually identical in size and
shape to the applicant's lot; 22 homes are on double lots; 5 homes are on triple lots; and
one home is on a combination of 4 lots.
A7. The applicant's property has contained a single family residence for many decades. The
ability to rebuild on the property in the same manner as other existing developed properties
in the immediate neighborhood would be limited if the area and width variances are not
granted. The applicant's proposed site plan indicates all required LR-1C setbacks will be
met, and the proposed house is just under the 1500 s.f. structural coverage allowance for
lots less than 10,000 s.f. in area.
A8. The applicant's property contains a small number of mature trees which provide shade to
the property and adjacent properties. While it is hoped that as many of these trees as
possible can be preserved during the demolition/rebuild process, none are specifically
protected under City ordinances.
A9. Surface water runoff from the existing residence has been a concern of neighboring
property owners to the east, hence the applicants have indicated an intent to direct all
drainage so that impacts to neighboring properties will be reduced or eliminated.
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���o CITY OF ORONO
RESOLUTION OF THE CITY COLTNCIL
��'�q 4��1� NO. � � � �
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A10. 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 harmony with the general purposes
and intent of the ordinance . . . ." Single family residences are a permitted use within the
LR-1 C zoning distric�
B2. "Variances shall only be permitted... when the variances are consistent with the
comprehensive plan." The proposed residential principal structure is a residential use
which is consistent with the comprehensive plan guiding of this and surrounding
properties for residential use.
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 pernutted by the official 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 property owner is proposing to use the properly in a reasonable manner but the size
of the lot is below the minimum lot size standards of the Zoning Code. The plight of the
property owner is due to the existing substandard lot size, which is a result of the property
being platted as part of the Navarre Heights subdivision in 1909,long before local zoning
codes were in effec� The Navarre Heights neighborhood consists of lots rypically 50 feet
in width and 130-I45 feet in depth. Over time these lots have been developed for
individual homes singly or in combinations of 2 or 3 lots together. Construction of a
single family residence on a single lot in this neighborhood will not be inconsistent with
the character of the surrounding neighborhood
B4. "Economic considerations alone do not constitute practical difficulties." Economic
considerations have rtot 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 sha11 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.
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���o CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
��'� �.G`� No. d � ,� 5
kFSHot�
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 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. "The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining properiy." The lot size and hardcover restrictions
applying to this properly are similar to those of other properties in the neighborhood, and
there are many similar sized developed lots in the neighborhood
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 properry apply to all other property in the
neighborhood; however, in order to be allowed the 35% hardcover that other developed
si»ular-sized lots are afforded,granting of 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 properly rights of the owner will be
ditninished if the variances are not granted, as the new residence would not be able to have
the 35%hardcover that neighboring similar sized lots are allowec�
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
variances would not impair heallh,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
practicaZ difficulty by allowing the properly to re-develop under the same hardcover
allowance 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 to allow construction of a new
residence on a lot of 6,721 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:
l. Council approval is based on the survey and site plans submitted by the Applicants and
annotated by City staff, attached to this Resolution as Ezhibit A. Hardcover on the
property shall not exceed 35%. Lot Coverage by structures on the property shall not exceed
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���o CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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1500 square feet. Any amendments to the approved survey or site plan which are not in
conformity with City codes will require further Planning Commission and City Council
review.
2. Applicant shall submit and adhere to a grading and drainage plan that minimizes impacts
to adjacent properties.
3. Applicant shall comply with the permitting requirements of the Minnehaha Creek
Watershed District.
4. Applicant shall construct a fence along the rear lot line of the property
5. Authorities granted by this resolution run with the Property not with the Owner, 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 (March 13, 2018).
6. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
Adopted by the Orono City Council on the 13th day of March, 2017.
ATTEST:
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��Anna Carlson, City Clerk Dennis Walsh, Mayor
(SEAL)
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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 March 13, 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 22"d day of March , 2017.
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(seal)
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