HomeMy WebLinkAboutResolution 6805MVI �I VIII III lIII IIIII�II VIII Ilnl RII IIII
Doc No A10507272
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
Deputy 21 Pkg ID 1631710M
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. 68 05
A RESOLUTION
APPROVING A VARIANCE FROM
MUNICIPAL ZONING CODE
SECTION 78-1436,78-1700 and 78-1403
FILE NO. 17-3972
WHEREAS, on September 11, 2017, Jan Gasterland ("Applicant'), applied for
multiple variances from the City Code and on September 25, 2017 the application was deemed
complete for the property addressed 1920 Shadywood Road and legally described as:
Lot 32. "Shadywood" (hereinafter the "Property");
WHEREAS, the Applicants have made application to the City of Orono for a
variance to Orono Municipal Zoning Code Section 78-1436 to allow rear and side yard setback
for an accessory building; and
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1700 to allow hardcover of the lot to exceed 25%; and
WHEREAS, the Applicants have made application to the City of Orono for a variance to
Orono Municipal Zoning Code Section 78-1403 to allow structural coverage of the lot to exceed
20%; 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 13, 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 findi's of fact concerning the Property:
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 8 0 5
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3972. 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 thel-R-1 C Zoning District.
3. The Property contains .248 acres in area and has a defined lot width of 57 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. Side and rear setback for a detached building
b. Hardcover
c. Structural coverage
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 applicant is proposing to construct a new detached
garage on a residential property which is consistent with the intent of the ordinance.
2. "Variances shall only be permitted . . . when the variances are consistent with the
comprehensive plan." The variances resulting in a permit a new detached accessory structure
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
a new detached garage within the 15' rear and side setback seem reasonable as the existing
2
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 8 0 5
garage currently occupies this space, therefore the adjacent properties may not be
adversely impacted. The hardcover is also being proposed to remain as the same amount
as existing, it seems reasonable to allow this request. The structural coverage increase
resulting from the proposed larger garage creates a new encroachment and seems to be a
reasonable use.
b. The plight of the landowner is due to circumstances unique to his property not created by
the landowner. The location of the garage and hardcover amount were preexisting and not
created by the homeowner.
c. The variance, if granted, will not alter the essential character of the locality. "The requested
variances have the same setbacks and the same hardcover percentage for this lot. The
requested variance will increase the structural coverage on the lot. It seems unlikely that
the character of the locality will be impacted by the larger structure on the property.
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 detached accessory structure for a
garage 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 size of the subject property is not conforming
to the LRAC area or width standards.
9. "The conditions do not apply generally to other land or structures in the district in which the
land is located." This site is unique is that there are currently many existing nonconforming
encroachments. This lot is small in size for the LRAC District. The applicant is proposing to
maintain the existing setbacks for the accessory structure and hardcover which does not apply
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6805
to other parcels. The applicant has indicated a reasonable request pertaining to the expansion
for structural coverage.
10. "The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant." The applicant has indicated the variances are
necessary.
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 that meet the same setback as the existing structure and hardcover seem
reasonable. The structural coverage variances request will not impair the health or safety of
the area and seems to align with the intent of the zoning chapter.
12. "The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty." While the location of the existing detached
structure and the existing hardcover of the lot may support the requested setback variance and
hardcover variance; the requested structural coverage variance has been shown to be
supported by a demonstrable practical difficulty.
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 Sections 78-1436, 78-1700, 78-1403 to allow rear
setback, side setback, hardcover and structural coverage, 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 August 21, 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).
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
6805
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:
a^r�' zu 920
Anna Carlson, City Clerk
CITY OF ORONO:
NWZL4z)1 -
Dennis Walsh, Mayor
BOUNDARY AND TOPOGRAPHIC SURVEY FOR
JAN GASTERLAND
OF LOT 32, "SHADY WOOD"
HENNEPIN COUNTY, MINNESOTA
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Exhibit A
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LEGAL DESCRIPTION OF PREMISES SURVEYED:
Lot 32, "Shady Wood"
This survey shows the boundaries and topography of the above described
property, the location of an existing house, garage, and other visible "hardcover"
thereon, and the proposed location of a proposed garage addition. It does not
purport to show any other improvements or encroachments.
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