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HomeMy WebLinkAboutResolution 6779IMM I%II��H INTI IR NIIIINIIUWINIYDoc No A10471619 Certified, filed and/or recorded on Aug 11, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1587416M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6779 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-350 & 78-1605 FILE NO. 17-3942 WHEREAS, on May 19, 2017, Lori Zappa ("Applicant'), applied for a variance from the City Code for the property addressed 3670 Togo Road and legally described as: The East 50 feet of the West 158 feet of the South 175 feet of Lot 4, Block 10, Townsite of Langdon Park, Hennepin County, Minnesota, except street (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for variances to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100 feet in width are required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed 18 feet from the front lot line where a 30 foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new home 4.2 feet from the side lot line where a 7.5 foot setback is required; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1605 to allow a 12 foot by 12 foot screened porch to be 22 feet from the wetland where a 35 foot setback is required; and WHEREAS, on June 19, 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 June 19, 2017, the Planning Commission recommended approval of the variances; and WHEREAS, on July 24, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and CITY OF ORONO RESOLUTION OPY9 IT COUNCIL NO. 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 findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3942. 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 LRA C Single Family Lakeshore Residential Zoning District. 3. The Property contains 8,250 square feet or 0.18 acre in area and has a defined lot width of 50 feet. 4. The Property is within Tier 3 and hardcover is limited to 35% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Lot Area b. Lot Width c. Front Yard Setback d. Side Yard Setback e. Wetland Setback 6. In considering this application for variances, 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 lot width and lot area variances are consistent with the general intent of the Ordinance. The requested side yard, front yard, and wetland setback variances are in harmony with the Ordinance. Light, air, and open space will not be reduced for adjacent neighbors by the new home. The wetland, side yard, and front 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6779 setback variances requested for the home and porch are reasonable considering the depth, and buildable width of the Property. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 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 the home on the foundation of the existing home within the side setback, front setback, and wetland setback, appears to be reasonable as the Property's narrow width and depth (due to the wetland) creates a difficulty. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub -standard size of the Property was not the result of actions by the landowner. The location of the home and garage on the Property, the high water table, the narrowness and shallow depth of the buildable area create difficulties for developing the Property. c. The variance, if granted, will not alter the essential character of the locality." The lot area and width variances will not alter the character of the neighborhood. It does not appear that the setback variances to permit the new home will adversely impact the adjacent property owners. 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6779 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 -1C 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 wetland, high water table, the narrowness and shallow depth of the buildable area of the Property create difficulties 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 wetland, high water table, the narrowness and shallow depth of the buildable area of the Property create difficulties unique to the Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this condition to be true. 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 substandard area and width of the Property; its wetland and location of the existing home and garage create practical difficulties affecting the Property; the variances are necessary and do 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 variances to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed on a property 0.18 acre in area and 50 feet in defined width where 0.5 acre and 100 feet in width are required; a variance to Orono Municipal Zoning Code Section 78-350 to allow a new home to be constructed 18 feet from the front lot line where a 30 foot setback is required; a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new home 4.2 feet from the side lot line where a 7.5 foot setback is required; and a variance to Orono 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 7 7p Municipal Zoning Code Section 78-1605 to allow a 12 foot by 12 foot screened porch to be 22 feet from the wetland where a 35 foot setback is required, 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 05/30/17 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 Applicant, 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 variances will expire on that date (July 24, 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 24th day of July, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor LEGAL DESCRHMON: The East 50 feet of the West 158 feet of the South 175 feet of Lot 4, Block 10, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota, except street. SCOPE OF WORK & LUffrATIONS: I. Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2. Slowing the location of observed existing improvements we deem necessary for the survey. 3. Setting survey markers or verifying existing survey markers to establish the comers of the property. 4. Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 5. Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and cluck at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 6. Nae that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 6. While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any, other officials that may have jurisdiction over the proposed rnprovemeas and obtain their approvals before beginning construction or planning improvements to the property. 7. Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 8. While we show the building setback lines per the City of Orono web site, we suggest you show this survey to the appropriate city officials to be sure that the setback lines are shown correctly. Do this BEFORE you use this survey to design anything for this site. STANDARD SYMBOLS & CONVENTIONS: "0" Denotes iron survey marker, set, unless otherwise noted 6W - - -835— - — A32Y22W SPoT AZNV47YVN X 835.5 PROPAf® SPOT BL6P. nm B9dCd� laei AGB AJPWF — AZO/ MZT FANT " J4WZ — SF — GRADING & EROSION CONTROL NOTES: BEFORE DEMOLITION AND GRADING BEGIN • Insall silt fence/bio roll around the perimeter of the censnocthon ares. • Sediment control Sesames es mad remain in pace until final sabilvation has been established and then shall be removed Sediment controls may be removed to accommodate short term construction activity but must be replaced before the next min. • A temporary rock construction emmce shall be established at each access point to the site and a 6 inch laya of l to 2 rich tock extending at least 50 feel from the street into the sin and shall be umdedaim with permeable gomextile fabric. The entrance shag be maimained during construction by op dressing or washing to prevent Backing or clow of sediments onto public streets, walks or alleys. Potential entrances that are not an protected shall be closed by fencing to prevent unprotected exit from the site. DURING CONSTRUCTION: • When din stockpiles hoe been created, a double mw of silt fence shall be placed to prevent escape of sediment laden maoff and if the piles or other disturbed areas are to remain in pace for more than 14 days, they shall be seeded with Miunesota Department of Transportation Seed Mixture 22-111 at 100lb/acre followed by covering with spray mulch. • A dumpster shall be placed on the site for prompt disposal of constmcthon debris. These dumpstas shallle serviced regularly to prevent overflowing and blowing onto adjacent properties. Disposal of solid wastes from the site shall in accordance with Minnesota Pollution Control Agency requiremems. • A separate container shill be placed for disposal of hazardous waste. Ha>ardma wastes shall be disposed of in accadance with MPCA requirements. • Concrete track washout shag be in the plastic lined ditch and dispose of wmbings as Solid waste. • Sedimem control devices shall be regularly inspected and after major rainfall events and shall be cleaned and repaired a necessary to provide downstream pureatme. �� utaLTar'Ixa1 OM ORIENTATION SCALE MEWIJOBADENESS ImtovEm E1a57aai IXIX — N 0 20' 40' 0) =r CL Q -CD -, D Se CL n 3 O SD no 00 < Q = Q N cL— AR i � CD CO0 CL p N CCD O CD 0. Q --%7 0O O Q N LORI ZAPPA 3670 TOGO ROAD ORONO, AIN • Streets and other pylic ways shall be inspected daily and if liner or soils has been deposited it shall pmmprly be removed • if necessary, vehicles, that have mod on their wheels, shall be clewed before exiting the site in the rock enU— areas • Moisture shall be applied to disturbed meas to control dust as needed. • Portable toilet facilities shall be placed on site for use by workers and shall be property maintained • If a become necessary to pump the excavation during construction, pump discharge shall be into the Stockpile Orem so that the double sit farce around these mess cast filter the water before it leaves the site. • Temporary erosion control shall be installed w later than 14 days after the site is fust disturbed and shall consist of broadcast secdmg with Minnesota Department of Tansporomon Seed Mixture 22-111 at 100 Wacre followed by covering with spray mulch. SrIE WORK COMPLETION: • When final grading has been completed but before placement of aced or and an "as built" survey shall be dose per Orone requirements to inane that grading was property done. • When any remedial grading has ban completed, sod of seeding shall be completed including any erosion cannot blankets for steep areas. • When orf is established, sill feree and ides protection and other erosion comtol devices shall be disposed of and adjacent streets, alleys and wallm shall be cleared as needed to deliver a site that is erosion assistant and clean N 8972'06" E --50.00-- — \ \-.AvsrAu -%r fOAX1870 RaL I Si l �N --"EExsting I 1 SF // kk ------ REI/OI£ WE hs I 771- 105 Al s1ED, Existing l.0 as Owe//ing DWEWNO R >! Existing Dwelling •tti (EW,. -935.0 NcE I i! (UIUZE EXISE ------ N _--_a_• FOUNDATION) j �� 1 --1'10 Ash � ll s i � O _ -4 —_50.00-- o N 8972'06" E Is. �— — — 1Edsfig Edge of net. Road-- v'! rap of gat. N M2 I N1FR m11AT ant M Rol 9aaGlal m DATE SURVEYED: SHEET TITLE Advance tAAawm �� sit um®at JULY 14, 2013 Dom x u4a tai a mE w aaamD PROPOSED S SURVEYED BY: ADGI NERING. V. D. SrRveJ'filg & Enfig, C0. a ENGINEERING. CO. SHEET SQE: 17 X 2i DATE auFrEo: xlax]Hyn•y Nnx up8 DRAVANO NUMBER MA10ut'I'' M—sslfs MAY 25, 2017 cna»tasa-- MAY 25.2017 170.784 JT vwe: w•w.eJww.wn a% Z176£ -L l,# ON IOsaa /� 61 Z (n p DRAWINGS PROVIDED BY: Project for: 7 D � MSunrise Design Lori Zappa & Construction Remodel Stillwater MN 621 20' 0 VI for: DRAWINGS PROVIDED BY: Project M ii r- „ N Sunrise Design Lori Zappa o & Construction Remodel o Stillwater MN Ell 20' O X O X dh n a 3 < 3 (b � 3 Q N i2 20' (n �' (n In 0 DRAWINGS PROVIDED BY: Project for: M � m Sunrise Design Lori Zappa ii c & Construction Remodel o Stillwater MN