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HomeMy WebLinkAbout#6648-variances-2016 • 5 7b &rya OuhJ—I 11111 111 Doc No T05379235 Certified, filed and/or recorded on Sep 1, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 47 Pkg ID 1442618M Document Recording Fee $46.00 Multiple Certificates Affected Fee $20.00 Document Total $66.00 Existing Certs 1423876, 1423877 "This cover sheet is now a permanent part of the recorded document. V pi,Q3877 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL r, G1 NO. 6 6 4 8 o 4kES H Og�c A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-420 FILE NO.16-3837 WHEREAS, on May 18, 2016, John Bninello(hereinafter the"Applicant")on behalf of the J. Brunello LLC, a Minnesota Limited Liability Company, (hereinafter the "Owner"), applied for variances from the City Code for the property addressed 570 Orono Orchard Road South and legally described as: Lots 8, 9, 16, and 17, Block 13, Minnetonka Bluffs, according to the recorded plat thereof, Hennepin County, Minnesota, including the vacated alley(hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-420 to allow redevelopment of a property 0.61 acre in area and 99 feet in width where 2.0 acres and 200 feet of width are normally required;and WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-420 to allow construction of a new residence 17 feet from the north side lot line and 15 feet from the south side lot line where 30 foot setbacks are required; and WHEREAS, on June 20, 2016, 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 20, 2016, the Planning Commission recommended approval of the variances; and WHEREAS, on July 11, 2016, 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 variances as described above based on one or more of the following findings of fact concerning the Property: 1 CITY OF OR ONO RESOLUTION OF THE CITY COUNCIL NO. 6643 `�kFS H 04'4. FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3837. 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 RR-1 B Zoning District. 3. The Property contains 0.61 acres in area and has a defined lot width of 99.89 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. Lot area variance; b. Lot width variance; and c. Side yard setback variances. • 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 variances 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 area, lot width variances requested are consistent with the general intent of the Ordinance. There is adequate space for light air and open space between the proposed home and the 15 foot+ setbacks requested. The variances are in harmony with the Ordinance. 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: 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Ae„, ,, �• NO. 6 6 4 8 kFS 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 portions of the proposed home within the 30 foot side setback area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from the adjacent neighbors. 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 neighboring homes are set back sufficiently to allow for light, air, and open space between the homes. c. The variance, if granted, will not alter the essential character of the locality." The proposed home will not alter the character of the neighborhood. The existing home plus detached garage to be replaced with the new residence have a frontage width of approximately 52 feet. The structures on adjacent lots are set back 62 feet for the home and 27 feet for the detached garage to the north; and the home to the south is over 84 feet from the property line. 4. "Economic considerations alone do not constitute practical difficulties." The Applicant has not requested consideration based on economics. 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 criterion 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 criterion is not applicable; the use for a single family home is an allowed use within a residential 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 criterion 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 nonconforming lot area and lot width of 3 �-04,0 CITY OF ORONO RESOLUTION OF THEICITY COUNCIL 0 q ~ NO. 6 4 8 kESH0�tic the Property are not uncommon in the surrounding neighborhood. The Applicant is building in the general location of the existing home due to the topography and the heavily wooded eastern portion of the Property. However, the existing substandard setback to the north lot line will be improved (setback increased)with the proposed home. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The proposed home will be generally in line with the neighboring homes with respect to size and setback. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Staff finds this criterion to be 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 size and width of the Property and the topography create practical difficulties affecting the Property; the variances are necessary and 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 78-420 to allow redevelopment of a property 0.61 acre in area to Orono Municipal Zoning Code Section 78-420 to allow construction of a new residence 17 feet from the north side lot line and 17 feet from the south side lot line where 30 foot setbacks are required, subject to the following conditions: 1. Council approval is based on the survey by Sathre-Bergquist, Inc., dated 05/12/16 and revised on 06/09/16 and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A& B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Owner, 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 4 • IL0.4jr.‘ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �, C. NO. 6 64 8 9ktSHO completed within one year of the date of Council approval, or the variance will expire on that date (July 11, 2017). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. ADOPTED by the Orono City Council on this 11th day of July, 2016. ATTEST: CITY OF ORONO: • lane Tiegs, City Clerk Lili Tod Mc illan, Mayor 5 4,4gok0 CITY OF ORONO RESOLUTION OFITHE CITY COUNCIL U 9 0' t•-'s NO. 6 4 S kFSHOR J Brunello LLC A Minnesota Limited Liability Company Y- - - - , Its President. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this / day of JAVA O______rlAYIeto , the President of J Brunello LLC, a Minnesota Limited Li iii 201k, by behalf of the LLC. ty Company, on till! 9,l./✓.%✓✓.l✓l.//✓.�^✓✓✓J✓.l✓!� MONICA A.FADNESS Nota Public 4. NOTARY PUBLIC-MINNESOTA ; ` My Commission Expires Jan.31,2017 6 i1iE {! d ii WI Q m IIIh I e7 a! •ala i i11. 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JUN 0 7 2016 45. frertittli— CITY OF ORONO I s .. ®o111111rtrmriyy Agt4o//lman U • Resolution Exhibit B 1 6648 + 4 H -------' M till JiIi Il R Ij 21 1 ne 41 I 111-111 ��� i e i 1 Il i milommi I I e Hii) ._�o Orli,41 -11 S i II 1 is F ill------. B IKtqIJ i^II_II� sur�ec - V'9 o w S 1 ' i S H rrro�.'r+�mauroar .A 0 _1 C3 v fij 4 S. 0 a 4' o m .f 4 � � Resolution Exhibit B :// � 6648 rgElr:4 , I" .: A - - ^ Via, _ V . I\i' Lill 411 r------I q gm guy 1.,,.. .......1 &I T mum mom, ' - ; - -::11111-----El 0 rgi ___, I ' „&/4.� 1 A Z m . T c n 2 -...., 111 o z 0 s 0 A STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of th : ' ity of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at th:;, eeting of the Orono City Council on July 11, 2016, with the original thereof on file in;.; office, and the same is a correct transcription thereof. .„• -,`' WITNESS my hand officially as such City Clerk and the p�rat•e�,sewoe10-04 15t day of August,2016. / i. :" rF . e TM Tityc . , '. .,.sib' � 1 a• t2Akk � "it1 tr -. ,