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Home My WebLink AboutResolution 6768Existing Certs 1164318 Doc No T05459651 Certified, filed and/or recorded on Jul 10, 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 126 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 1573840M $46.00 $46.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6768 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. 17-3938 WHEREAS, on June 12, 2017, TC Homes (Brian Tutt) as agent for Nancy Bloms ("Applicant[s]"), applied for a variance from the City Code for the property addressed 1325 Rest Point Lane and legally described as: Lot 74, Tonka View Gardens, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow a single family home within the side street setback and on a non -conforming lot as to its width and area; and WHEREAS, on May 15, 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 May 15, 2017, the Planning Commission recommended approval of the variance; and WHEREAS, on June 12, 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 #17-3938. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 5763 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 -1B Zoning District. 3. The Property contains 0.35 acres in area (1 acre is required) and has a defined lot width of 75 feet (140 feet is required). 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[s]: a. Lot Area (15,590 square feet were 43,560 square feet is required) b. Lot Width (75 feet where 140 feet is required) c. Side street setback (29 feet where 35 feet is required) 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: The following analysis was conducted: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed use is consistent with the zoning ordinance, the proposed encroachment appears to be the minimum necessary. 2. The variance is consistent with the comprehensive plan. The property is guided for single family residential. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant has developed a home that meets with the constraints as much as practicable. Fully meeting the requirements for the ordinance would only permit a 30 foot wide home. K CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 6 8 b. There are circumstances unique to the property not created by the landowner; This property is fronted on three sides by public rights of way, further the slope and vegetation limits building sites without drastic changes to the neighborhood and c. The variance will not alter the essential character of the locality. The minimal encroachment for the covered entry will likely not impact the character of the area. d. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 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 single family residential is a permitted use in the LR -1B District. 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 Council has determined that small lots are a practical difficulty, this lot is one of the few in the neighborhood that has frontage on three sides. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject lot is one of five (with three street yards) in the immediate neighborhood, though this is the only one that has yet to be developed, and it appears to be the second smallest. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6768 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance is necessary to construct a modest sized home well under the hard cover and structural coverage limitations. 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. No evidence has been provided that suggests the variance will impair health, safety, and welfare. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Based on the amount of hardcover and structural capacity, it appears the applicant has made an attempt to coordinate the project and the neighborhood. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6768 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 the three variances described above, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated April 13, 2017 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. 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 (June 12, 2018). 5. 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 this 12th day of June, 2017. A ST: Anna Carlson, City Clerk CITY OF ORONO: i Dennis Walsh, Mayor The Gregory Group, Inc. d.b.a. LOT SURVEYS COMPANY Established in 1962 LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA 760173rd Avenue North 1763) 560-3093 Mbuwapolu, Mwreeots 55428 Fax No. 560.3522 3urur74ars T-ertifirate T/C HOMES Basis for bearings is Property located in Section Property Address: 1325 Rest Point Lane I. 7, Township 117, Range 23, Orono, MN Hennepin County, Minnesota 4_o2so8,18e L-z28R5Me sL irad L-28.2 plat tet, 969.9 11\ CpUntV S a� I\ tate qid Hi9 BC/ I \� b,l��b,te�wayNo. /9 y 989.8 989. bush e 988.0 N77. so.80 pkt \ coven 48'S9•W q� \ 6wh c 966. ycro' Nov .77INy� � _ ` 987.8 987. 986.9 \ Area Mowed \ by Neighbor _ 963.2 962.6 2� 976.9 mow- W 0 0 0 5 x976.1 x 977.0 mow- 972.5 974.6 T mber TAV 970. 966.6 Wall aW 966. fx/stmg Budding 9671 No. 1345 ~2.5W01l5 as Regwred 9x6.8 66.6Q. N 5rgn 4685 ,,A�Mc 964t.62 a i �'$� tette AqO+ei 9 1,32 G4 958.9 Eqr Egress g \ .9 e 956.8 tett e 946 976.2 wde 973.7 N W3 .� 0.0 moo, s w Proposed Residence Resolution Exhibit A INVOICE NO. 86261 F.B.NO. 1093-28 SCALE: 1" = 30' • Denotes Found Iron Monument O Denotes Iron Monument p Denotes Wood Nab Set for s cavatlon only _ Denotes Existing Contours Denotes Proposed Contours x000,0 Denotes Existing Elevation 0E Denotes Proposed Elevation -ad*- Denotes Surface, Drainage NOTE: Proposed grades aro subject to results of sail fasts. Proposed bulldng Information must be checked With approved betiding pan and dmelopmem or gratling plan polars excavation and construction. Proposed pedes shown on title survey are interpolations of proposed contours from the drainage, padre andNor development plane. NOTE The relatiorrMp between proposed flow elevations to be mriflad by builder. 959.0 Proposed Top of Foundation 958.7 Proposed Garage Flow 951.0 Proposed Loweat Floor Type of Bulling Fullbasentent Walkout Proposed Hardcover Lot area = l 5,590 5.1 k Budding Driveway Deck = /, 686 5q ft = 93 / sq ft = 4 / 2 sq ft Total = 3,029 sq ft Percentage = 19.43% The only easements shown are from plats of record or Information Lot 74, TONKAVIEW GARDENS provided M client. Hennepin County, Minnesota I certify that this plan, specification, or report was prepared by me or under my direct supervision and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota Surveyed this 13th day of April 2017. Rev Drawn Sy g. dyer Signed A.1, 2-57 -F964.7N. 61315 962.4 No 965.8 Gregory t.,Fllrascl (Minn. Rey No. 24992 wde -95954.9 ,29• trew•�50.sr,�:. sok x 952.4 TopSpik 2'Cantdever O W Top Spike �'� \ \ 98.29 u I 949.2 /5'c prcv QQ 946.43 �.jS $ 947.7 945.4 tet e 949.26 l 5' pbsbc ury tel e 942.69 946.16 Nt e 0116 / b,t c 946.16 Point 1 945.06 got The only easements shown are from plats of record or Information Lot 74, TONKAVIEW GARDENS provided M client. Hennepin County, Minnesota I certify that this plan, specification, or report was prepared by me or under my direct supervision and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota Surveyed this 13th day of April 2017. Rev Drawn Sy g. dyer Signed A.1, 2-57 -F964.7N. 61315 962.4 No 965.8 Gregory t.,Fllrascl (Minn. 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