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HomeMy WebLinkAboutResolution 6850 liLO p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL fi NO. 6850 t�' ESHO�� A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1700 FILE NO. LA18-000015 WHEREAS, on February 19, 2018, Michael Jones and Natele Jones, a married couple (hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed 3186 North Shore Drive and legally described as: That parts of Blocks 2 and 4, of Crystal Bay Park and of View Avenue, now vacated lying between said Blocks, described as follows: Commencing at the most easterly corner of Lot 5, Block 4, Crystal Bay Park; thence northwesterly along the northeasterly line thereof 250.73 feet; thence deflected left 88 degrees 23 minutes along a line 10 feet to the point of beginning of the property being described;thence continuing along last said line to the West line of Crystal Bay Park;thence North along said West line to the shore of Lake Minnetonka;thence easterly along said shore to its intersection with the northeasterly line of Lot 6, Block 2, Crystal Bay Park; thence southeasterly along said northeasterly line, its southeasterly extension and the northeasterly line of Lot 5, Block 4, Crystal Bay Park to the post easterly corner of said Lot 5; thence southwesterly along the southeasterly line of said Lot 5 a distance of 22.0 feet; thence northwesterly to the point of beginning, 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 78-1700 to allow 28% hardcover in conjunction with the reconstruction of a detached garage; and WHEREAS, on March 19, 2018, 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 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 1 ILO% CITY OF ORONO RESOLUTION OF THE CITY COUNCIL .S.<0GAG` NO. 6850 4kEsHOQ`f" NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested hardcover 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 #LA18-000015. 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-1B Zoning District. 3. The Property contains 0.79 acres in area. 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: a. Hardcover Variance 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 variance requested is consistent with the general intent of the Ordinance. The requested hardcover variance is reasonable and necessary as the existing location of the garage is nonconforming, and the proposed location is conforming. The new garage will be located closer to the existing driveway resulting in less driveway hardcover. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variance to permit a detached garage to be constructed in a residential zone are consistent with the Comprehensive Plan. 2 �p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4. 0 NO. 685 t'rkEsHO1-1" 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 uniqueness of the shape, the long narrow driveway neck, and the orientation of the Property create difficulties for the property owner's reasonable request to rebuild a detached garage. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape of the Property was not the result of actions by the landowner. The existing condition of the long thin neck of driveway to reach North Shore Drive contributes to the hardcover overages. The variance, if granted, will not alter the essential character of the locality." The hardcover variance will not alter the character of the neighborhood; there is an existing improvement on the Property situated at a substandard setback which more directly impacting the neighbors to the south and west. The hardcover variance is reasonable and necessary as the most logical location for the improvement is closer to and adjacent to the existing driveway. The hardcover for the Property will not increase above the existing hardcover level which includes the assumed driveway. 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 garage is an allowed use in the LR-1 B District. 3 Oi CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6850 ?*1k'ESHO�� 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 unique shape and orientation of the Property is not common in the surrounding neighborhood. The long narrow driveway neck results in excess driveway hardcover without the proportionate land area to balance it out necessitate granting a hardcover variance. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The unique shape characteristics of the Property are not common in the surrounding neighborhood. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the requested variance will provide relief to the applicant regarding the lot shape and existing conditions of Property. 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 variance 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 shape and orientation of the Property create practical difficulties affecting the Property;the variance is necessary and not merely serve as a convenience to the owners. 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 78-1700 to allow 28% hardcover in conjunction with the reconstruction of a detached garage in a conforming location, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the proposed site plan and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A &B. 4 •, /1/p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL .► z NO. 6850 to :, G • 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 (April 9, 2019). 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 9th day of April, 2018. A ST: CITY OF ORONO: 8 APO Anna Carlson, City Clerk Dennis Walsh, Mayor 5 v 6850 �4 *.•A k,� /� PROPOSED SITE PLAN FOR �`(S.d►Na . ,%�� MICHAEL JONE: Resor. No. IN BLOCKS 2&4,CRYSTAL BA' Exhibit A HENNEPIN COUNTY,MINNESC #LA18-000015 fit;- 2 ` V -' r . �" `�e';' c `' \ 0 40 80 pfi trlr: c ". - EXISTING \ SCALE IN FEET r. I�' •P �' `"i �II HOUSE t `I t t lr DOSTING Cjn p716 \`1 t �sl . HOUSE \``t', ice: ;/ A =Ill .u` __ _, �,� \`., Pte `__ 'aPf :`;-;;;7- +.. • �\ .r T \ � " " : ' • { / \ « - • 3 ` 4 \ x t5' t � 7 / `.- ,/ \ , EXISTING ELEVA7p1S: + /" . Id-,t Tooe-® _.-- I1l.LL asnnlal 0o MINIM: % lnd op0o�11��d b.2 N r.a Cry.td bt'M W a V.•w-.new.eea i t, tyl9 la..w..ly.o W.rvM1 s t-too a�muol stay m:w a IN 4 ar,,rayad 8eY r.a.w a Asti o \ ..tory W ri..l,....w..I.-.4.1 a 1:I.t'�"-.ir.arc:. w.a°a R� a Vau'q d M MMn� wla d drag O stare m� leas dVeee.H..y d w{1.d Of.Id Ra o.M rose.. .a o y 140% OR slog b��M Me�Wyyq�1�atsel.n-e w w a lnt 0.sa..QAIa M.,o� re= tam da lr 5�Yes tlr�w��s1w�wo a et ; 3 o J.Ne d Om Ir:tams rstlr.s.tdy M a yoYp N IMNp.. Cw:ly.Ynrela e: l- R' s t *oar fa s M.N lm.n / --�—:.gales mama d',s am.r.w sae Y.OA. e.� Ywry.N.r a.le../',so o+es.l.r.y Ma.• GOA°. • ----- Told rot s--34.907 s0 ft 010 Wi. W� /% Sb..04.,a a..tl:olasedisi.of IM Wes.d.W Td A.:ly.Ya..a2o o of a.=1111 / woe.to.ne.say afv Mars.i4.s s:we** •li.a...�•W...n n s....0 �' NOTE ACCURACY OF HARDCOVER LOCA710N,AND IXIWf OF AODRCNTL HARDCOVER•IYIW DY ICE AND WOMCOVER REV= vMEI,/1111Nrmn.v'N".+"'.'0*"-I.l.a" �� ,y akil..arwra.ylR-wRM.Y.dYR.Rbt t2AL- -aaER .;or„.'.:vyr' 'o.�".'� I GR O&ASSOCIATES,INC. V am e+oR�wrr«w..Yu..Lao PLANNERS _._..CHOE l lwoe AKAA4L a''' w�li 44611 WILLOW pWE Lld10 LAKE,MI 55354 —"WO rarwrrrren.a 4.r.. PHONE:452,473.4141 FAX:•32-4734436 f28'-0" jr— \ , 1 1 I I 2" LEDGE 48"H. x 8"W. POURED FROST WALL 1 •' I 1 TREATED PLATE ON 16"x 8" CONT. CONCRETE FOOTINGS 1 � REBAR PER CODE r'r , I ?,i<, I :: I I >>,, . I -X`' I '` 1 ), I I I y ' I '` CONCRETE SLAB ABOVE I ,,, UNEXCAVATED zo N k-,- I I I I ,'' I I I I `%.h I I I I ts I I r ; I n'`, I -',;' I I y,„? I I I r,!- I I ?, -, I 1 ,,''r} I I l„X, I I_ I }; 28'-0" LINE OF ATTIC STORAGE ABOVE T Z c D rn73 _ CONCRETE SLAB (6" -3000 PSI) z c _ `' 2x6 FRAMING OVER 2" RIDGID FOAM INSULATION c n N 16" O.C. c 73 rn 73 18'x 9'OVERHEAD DOOR 2868 0% 00 cr CD DRAWING DATE:02.12.2018 PROPOSED DETACHED GARAGE—LOWER LEVEL MICHAEL&NATELE JONES SCALE:%"=1' 3186 NORTHSHORE DR,ORONO,MN 28'-0" / 2x6 FRAMING I 2 z Zr7> u a 0 n Q w o OPEN TO BELOW in go r^ 6'X 12' m - o 5 m o- O mi z73 N ATTIC STORAGE T m D cn q C Co 70 ;o 00 m Bo 1 I' '. 00 4'_0" "' 10'-0" 8•-0" 10'-0" o DRAWING DATE:02.12.2018 MICHAEL&NATELE JONES PROPOSED DETACHED GARAGE-UPPER LEVEL SCALE:31"=1' - 3186 NORTHSHORE DR,ORONO,MN 12:12 CEDAR t12 ' _ SHADS .iIII11111.11ri1 1h../Irk UI11111111111IIIh11111111111 Hii1�11/111 III1Il11. 11111 ■11111u11. 111111 ► IlI11I11r11. 111111 111UI11111111► 1111111 I11 Ill III Ii �I , 1 11111 ►I I III II 11 111111 I I I 7-0" OVERHAh1G --- v . 1 HARDI PLANK SIDING - D1111 I I II 0 81/4" (7" REVEAL) --Jib E"AZEK TRIM III IIII III . MI o• STONE Ili 'Si aft a a _ 7:®` 00 18'-0" X 9'-O" GARAGE DOOR o DRAWING DATE:02.12.2018 MICHAEL&NATELE JONES PROPOSED DETACHED GARAGE—FRONT ELEVATION SCALE:/o"=1' 3186 NORTHSHORE DR,ORONO,MN 12:12 03 28'-0" � o DRAWING DATE:02.12.2018 MICHAEL&NATELE JONES PROPOSED DETACHED GARAGE-BACK ELEVATION SCALE:'/4"=1' 3186 NORTHSHORE DR,ORONO,MN 0 QO O t 28'-0" DRAWING DATE:02.12.2018 MICHAEL&NATELE JONES PROPOSED DETACHED GARAGE-SIDE ELEVATION 1 SCALE:31"=1' 3186 NORTHSHORE DR,ORONO,MN 00 C,, 28'-0" DRAWING DATE:02.12.2018 MICHAEL&NATELE JONES PROPOSED DETACHED GARAGE-SIDE ELEVATION 2 SCALE:'A"=1' 3186 NORTHSHORE DR,ORONO,MN 11 111 1 11 11 Doc No A10550456 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 1685308M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.