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Home My WebLink AboutResolution 6804Deputy 21 i5�ydW> /sryy lyry/pre 6/a/ �� IRII�� M�SIIIIINII Doc No A10507273 Certified, filed and/or recorded on Nov 22, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Pkg ID 1631730M Document Recording Fee $46.00 Document Total This cover sheet is now a permanent part of the recorded document. $46.00 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6804 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-305 FILE NO. 17-3966 WHEREAS, on April 23rd, 2017, LDK Builders on behalf of Linda Tamosuinas ("Applicant]"), applied for a variance from the City Code for the property addressed 1525 Long Lake Blvd and legally described as: All of Lot 20 and that part of Lot 21 which lies west of a line drawn north and south through said lot and midway between the east and west line of said lot, in Albee's Long Lake Addition, 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 78-305 to allow a rear yard setback variance; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow a lot width variance; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-305 to allow a lot area variance; and WHEREAS, on October 16, 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 October 16, 2017, the Planning Commission recommended approval of the variance; and WHEREAS, on November 13th, 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: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 68 o4 1. This application was reviewed as Zoning File #17-3966. 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 -1A Zoning District. 3. The Property contains 0.35 acres in area and has a defined lot width of 90 feet. 4. The Property is within Tier 1 and hardcover is limited to 25 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Rear yard setback b. Lot area c. Lot width 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: 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 requested are consistent with the general intent of the Ordinance. The rear setback variance is in harmony with the purpose of the ordinance. The lot includes challenges with the steep slope and the curved right of way limited the building envelope 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 substandard lot, in the proposed location 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 0 4 within the rear yard setback seems reasonable as the property is steep and could become hazardous in the winter months if the garage is moved to meet the setback by creating a longer and steeper driveway. 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 with attached garage on the Property, the steepness of the lot, the narrowness and shallow depth of the buildable area of the property create difficulties for developing the Property and 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. The neighboring parcel has a home much closer to the road than it proposed. 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 home is an allowed use in the LR -1A 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 small building envelope with the substandard lot, the curved right-of-way along the rear property line and the steepness of the lot create difficulties unique to the property. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 0 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Due to the steepness of the lot the garage should be set closer to the road to create a manageable access for the driveway. Moving the garage further from the road creates a steeper and longer driveway which could become hazardous in the winter months limited the accessibility and use of 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; steepness of the lot and the curved road long the rear property line 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 a variance to Orono Municipal Zoning Code Section 78-305 to allow rear yard setback, lot area and lot width, 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 September 11, 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 (November 13, 2018). 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6804 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 13 day of November, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor ExbWx ElmW. FN/ " \ 1 68 04 Resol No. Exhibit A r #17-3966 .awwtivr.w mti b°�m��e.�a1.�F<, mnpv„vr<urm..v <ndra re wnu.vvo�wa m�.Y ma..reac. uK <ww m�.rab cae+s. wh.rYv �, fmAYv:13)J lae03rc ewlnwd.(xwo.1! SS3% x3 >m aAw�r aFv.emmxa<x(.w a<a>mv<eme<avma<ma.m�m.a<. mnaPmblPsltmho.e x.b wm.cm.Y.re�YJa zro3JcalmF,abma<aYmr+w�.9m mis I) Iovl6en haY�M: OnaY.W:I3,M3a.L _OJSSvm (NnVM04 sl a.M wrY.Yb.: rha YYmuvhy raruY.apY eY9<.lymu-i.3(ow F..ar 3.myY<xmwY.x ne<.SPD h Cbaf(xeMmnme W bvY Sgrabv m16. M ebrl. hYar, wd navnPv<..v�awwu. be.arveq aalptim .ae raerd d4 be (3b of Qma (erI r •Y wh Ye as the aY af3gnals 9IL ml) a! w w bb.<: PYYmnl9bawc 9drL-Fmc 50 kY(I.wy W<BM1 Sii: 10 Pru )3fm H �l0 ba *r ss o<�i arw w Pere i swmmawun wel.y ua91Y w.P PI�.<m< bu ih< emn+l " " the mbJz. 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