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HomeMy WebLinkAboutResolution 6849 s41VO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � `C'' NO. 6849 s� �4KFS H 01`� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-350 FILE NO. LA18-000013 WHEREAS, on February 19, 2018, Nathan VanCamp ("Applicant"), applied for a variance from the City Code for the property addressed 601 Minnetonka Highland Lane and legally described as: Lots 1, 2 and 3, Block 9, Minnetonka Summit Park(hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow for a 18.8 rear yard setback; and WHEREAS, on March 19, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 March 19,2018,the Planning Commission recommended approval of the variance; and WHEREAS, on April 9, 2018 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 #LA18-000013. 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-1 B Zoning District. 1 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6849 4kES H OQ``" 3. The Property contains 0.43 acres in area and has a defined lot width of 135.56 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 variance[s]: a. Rear yard setback 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 applicants propose to construct an addition to the existing residence on a residential property which is in line with the intent of the ordinance. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance resulting in a permit for an addition to 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 an additions to the existing home within the 30 foot rear street area appears to be reasonable as the adjacent properties do not appear to be adversely impacted;the home is confined by streets in 3 sides and a wetland to the east of the home limited the build envelope on the property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing home,and neighboring homes are separated sufficiently to allow for light, air,and open space between the homes and the proposed addition,and c. The variance, if granted, will not alter the essential character of the locality." The scale or setbacks of the proposed addition to the home will not alter the character of the neighborhood. The setback in question is the rear yard because the frontage along Tonkawa is the shortest street frontage, although the front of the house faces 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G NO. 6849 `�KFSHO�`tc. Minnetonka Highlands Lane. From a character of the neighborhood,the rear yard looks and feels like a side yard which would require a 10 foot side yard. 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-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 lot is unique because it is surround my right of way on three side and a wetland is located on the east side of the parcel which covers a large portion of the front yard.The proposed addition seems to be reasonable for this existing home and lot. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposed home with the addition will be generally in line with the neighboring homes. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicant have indicated that this criterion is met. 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 existing wetland and being surrounds on 3 sides by right of way creates a limited building area for an addition to the home;the variance is necessary and will not merely serve as a convenience to the applicant. 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 78-350 to allow rear yard setback, subject to the following conditions: 3 ILONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL sF NO. 6849 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated January 29, 2018 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A 3. The applicant is encouraged to improve to City Standards the existing secondary driveway access on Elm Street(Sec. 18-136); paved for a minimum of 30 feet from the roadway in order to reduce driveway runoff depositing soil and debris upon the roadway per the City Engineer. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 5. 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 (April 9, 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 this 9th day of April, 2018. ATTEST: CITY OF ORONO: / 1 / it2a°2______ nna Carlson, City Clerk Dennis Walsh, Mayor 4 Exhibit A i CERTIFICATE OF SURVEY FOR 6 8 4 9 NATHAN VANCAMP OF LOTS 1-3, BLOCK 9, MINNETONKA SUMMIT PARK Resol No. HENNEPIN COUNTY, MINNESOTA LA18-000013 A 66 BLOCK 8 8 z1 ELM ST 8 1 N 82°52,' ' ' - a 1 „ I r In 0.0 —: rte — __�s.e-7I CO 8•eW • `.\\ 1 (p W LEGAL DESORPTION OF PREMISES 888 --- m1AVEi. '' 1 1A O 1 Lots 1, 2 and 3, Block 9, MINK ETONKA SUMMIT PARK �_—_ pNEW(F)AY I �\ XMm �I) `V re— `'. tri - -\ I \\(M O I o.a Z • : denotes iron marker found +7s- `— �\'': re 1111111 \ © • QI (908.3): denotes existing spot elevation, mean sea level datum 3 I 2; ` 1 3 n. -� ,--- - I ^y --917--: denotes existing contour line, mean sea level datum HOUSE E -, 4, \\a PRppOgp EXISTING \ c�.n\I N {►-I O Bearings shown are based upon an assumed datum. �, N\�\ (Mr. i 1 USE s \ / N E-' This survey intends to show the boundaries of the above \ \\ rw (A) \ a described property, and the location of an existing house, N. N I I 1 0 rQ� two sheds, spot elevations, topography and all visible ((`'� N�-� O -4 \ .. — w~ I / (n I �./ "haradd tonvthereoon. Itthe does notepurportlocation to sh wf a paannyosed V .�NJ \ O \ .{ ae.n IWwm I ! other improvements or encroachments. �,. \ \ 1 4id_ 1 I \ �\ '-----1--, 'i° BLACKTOP I NOTE: Accuracy of hardcover location, and extent of \ - 1\� DRIVEWAY \\ I A°+� additional hardcover is limited by ice and snow cover. N \ y \N. V\I i (0) I\\ \ aoAo" • \. I v vvv twsM \i ' :4 •se I v�'°v' sFc°�'`.14�1 / e6 MA__. :____.,_).... \wA �\ I \ I �\ I / I i N 89°39'4fi' W \\�, \ \150.00\\ �/ Wn�--p' (uag / cnw �ri \ / „I �I MINNE' 'ONKA �� Act' HIGHLANDS LANE 1+ 1 1 DATE BEsalrnla( I hereby army that we plm.ro.delwtbn or ral art t!CALE GRONBERG & ASSOCIATES, INC. rdtprMetply °yzzr=ryt°rt-�-v the kers of uie S .c �n srveyor oder CONSULTING ENGINEERS, LAND SURVEYORS. & SITE PLANNERS 1 X18 445 NORTH W9.LOW DRIVE, LONG LAKE, MN. 55356 /��G�^ fiber ,�- 952-473-4141 •O NM 1/3-006 Mark S.Grorberg 1grnesoto LKeiw 12755 18-006 North Elevation Nathan &Wendy VanCamp 601 Minnetonka Highlands Lane Orono, MN. 55356 6849 roposed ddition t o fi I 111.1tieggii 1111 10 r III _ Rear Setback Cii j' 1:1Ff.! 1 .. 18.8 W . , iti , ri a$ •.' ' - Ili i LULU=1:1 11 1 _ _ . i \: ti ng ❑raCel ❑rice❑ay SC ScaleM m C 1--1 Nathan &Wendy VanCamp West Elevation 601 Minnetonka Highlands Lane Orono, MN. 55356 6849 roposed yyddition -i Iit I I 1 WI ? l 0! 6 Side Setback L0.1 t 71--- 7 1 1 ---- �� � '1 Cantile er 1.3 it r Side Setback r 50.1 ti < , i....._._.......„_._...____, Scale❑❑m L t---' South Elevation Nathan &Wendy VanCamp 601 Minnetonka Highlands Lane Orono, MN. 55356 684 9 H lroposed 1 ''ddition !III it I I i 11111111111111111ff mum mui as .. t h l i Rear SetbackII 18.8 Et ( r5.-- ,„„ < : 1 11 [i3 r .._ __ , ,1_ j_ _ III � = Ana„Tyr. Q _ . _ ___ _ _ - 4, . [Listing ❑lacktop ❑rice❑ay [JUL ScaIeLL m L'--' • \� Doc No A10550474 Certified, filed and/or recorded on Apr 30, 2018 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 59 Pkg ID 1685323M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.