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Home My WebLink About#4612-CUP & denying CUP-2001 , �, �� ,.�, O,�. O O �b_ - � C ITY of ORONO �� G'�' / RESOLUTION OF THE CITY COUNCIL `�kES� N O. _ �� s�"-' . � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNI�IPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) AND A VARIANCE TO ��CTION 10.28, SLJBIIIVISION 5 (A); AND �ENYING A COle1DITIONAL USE PERiI�IIT PER SECTION 10.75, SUBDIVISION 1 AND VARIANCE TO SECTION 10.28, SUBDIVISION 5 (A) FILE #2650 WHEREAS, Patrick Burton and Kirsten Burton, (hereinafter "the applicants") are � � the o�vners of the property located at 2601 Rainey Road within the Cit}�of Orono(hereinafter"City") and legally described as: Lot 3, "I`rees t� Be, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 17, 2001, at which times all persons desiring to be heard concerning this application�vere given the opportunity to speak thereon; and WHER�AS,the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 1020,Subdivision 3 (G)for a guest house,a conditional use permit per Section 10.75,Subdivision 1 to permit a 6'chimney height over the allo�ved 30'height limitation for the primary residence, and variances to Section 10.28, Subdivision 5 (A) to permit a 30', three story guest house with 2.5' safety railing over the 30' height limitation. N�O`V, THEREFORE, BE IT RESOLVED b}� the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #26�0. Page 1 of 6 � � ♦ . / O � � I O 4 �, CITY of URONO � � ti �',� G'� RESOLUTION OF THE CITY COUNCIL �9kESH0�� NO. � � ��. `'; 2. The property is located in the RR-1 B Zoning District,where 2 acres is the minimum lot area. The property consists of 14.06 acres of which 5.25 acres are dry contiguous. ;. The Planning Commission reviewed this application on January 17, 2001. , 4. The Planning Commission made the following findings of fact: A. The guest house will not exceed the 2 acre per "dwelling unit" density for properties in the RR-1B zoning district. B. The guest house meets all required principal building setbacks. C. Three septic sites have been identified by SP Testing and all building and wetl�nd setback requirements have been met. D. The Planning Commission had a split vote on approval of the variances for the full three stories and added height to the top of a safety railing above the roof line of the guest house. E. A house with a gabled or hipped roof, which is the standard house built in Orono,can have an actual height over 30'. The defined height is the midpoint of the gable not the peak of the roof. F. The guest house is proposed to be constructed with natural earth tones,with a dark wood color as the primary color of the structure. G. It is the intent of the applicants to construct the guest house before the main house. 5. The Comprehensive Plan(CMP)addresses the issue of structure height and states the rural cha�.racter of the Community is to be protected. Structures shall be contained �vithin tree lines. The added height of the structure to permit a railing is not in keeping with the height standards as addressed in the CMP and may set a negative precedent to allow a structure to exceed a 30' defined height for the railing on the guest house and to permit the chimneys on the main house to exceed 32'. Page 2 of 6 � � ' � i�� /7 O� O O : , CITY of URONO � ti '�' RESOLUTION OF THE CITY COUNCIL � ��'G � `� ,`� ' ��kESII� NO. E'1 6. The State Building/Fire Codes require chimneys to be located 2' above the highest portion of a structure within 10' of the structure. 7. Section 10.28, Subdivision 5 (A) establishes the maximum building height for structures to be 2 '/Z stories or 30' in height. The building requires a �•ariance for height because a part of the house is 3 full stories. A %2 story would be the portion of living space within a gabled roof line,for example. Because the architectural style . has a flat roof, it leaves a full three story house 30' in height. 8. The Orono Code allows structures to have a maximum height of 2 '/z stories or 30' whichever is more restrictive. In this case the 2%z story height is the more restrictive standard. Building height is defined as: The vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower and the top of the cornice of a flat roof, or the deck line of a mansard roof, or the upperinost point on a round or other arch type roof, or the average height of the highest gable of a pitched or hipped roof. 9. A building could be 2 %stories in height and exceed 30'. If the architect«-ould build a house with a gabled or hipped roof,which is the standazd house built in Orono, a building over 35' in actual height could be constructed. The defined height is the midpoint of the gable not the peak of the roof. 10. The guest house is proposed to be located near a grove of mature trees. To a��oid , removing several trees, the building was kept narrow but to gain additional square footage. The height of the structure will be 30'. Requiring the third story of the I building to be removed and relocated adjacent to the narrow footprint�•ould require , removal of trees. To preserve the trees the third story will remain as proposed. 11. The City Council finds that granting a conditional use permit to allow a guest house will not be detrimental to the health, safety or general welfare of the public, «-ould not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 12. The City Council finds that the conditions existing on this property aze peculiaz to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire ' hazard or other danger to neighboring property; would not merely serve as a Page 3 of 6 i � / � 'g" .� � 0 �, CITY of ORONO � � ��ti G'�' RESOLUTION OF THE CITY COUNCIL '� � �`�'ESgpg' NO. � � �_ �.' �� convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 13. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and ' welfare of the community. . CONCLUSIONS, ORDER AND CONDITIONS , , i Based upon one or more of the findings noted above,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to permit a guest house on the property and grants a variance to Section 10.28, Subdivision 5 (A) to permit a 30', three story guest house; and denies a variance to Section 10.28, Subdi�•ision 5 (A)to permit a 2 '/�' railing over the 30' allowed height limitation in the RR-1B district and grants a conditional use permit per Section 10.75, Subdivision 1 to permit a 2' chimney height over the allo�ved 30' height limitation for the primary residence denying the 6' chimney request, subject to the following conditions: 1. The property owners shall file a restrictive covenant on the property agreeing the guest house will not be used as a rental unit and will not be used for a home occupation. �. 2. Thejguest house shall be used and occupied by persons who would otherwise use the prir�ary residence on the property, such as domestic help, guests and relatives. 3. No�ree within 30• of the guest house is permitted to be removed without consent of the�ity of Orono. Orono is hereby approving variances to permit the added height bas�d on the hardship that existing mature trees would be removed if the guest house wer�built per Code requirements. Should a tree be requested to be removed an equal repl�cement shall be planted. 4. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit�vithin one year of the date of Council approval or � ' this conditional use permit will expire on that date (February 26,2002). Page 4 of 6 ; i O /7 . � O O �, CITY of ORONO � F �' RESOLUTION OF THE CITY COUNCIL ��9 4�G � 6 � � kESHO NO. 5. 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. 6. The undersigned applicants have read,understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to fihe recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of February, 2001. ATTEST: , ' .a� �?- U Il.,Q� . . � , Linda S. Vee, City Clerk ' Barbara A. Peterson, Mayor . -�c`"t"'``�`�n,� Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of February, 2001, by Barbara A. Peterson ar�d Linda S. Vee, Mayor & City Clerk of the City of Orono, a I�linnesota municipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE c�l�ci�r'-�---�' /,�Gc�� NOTARY PU3UC•MINNE^OTA NOt PUbI1C �,A�r�orrur�sipn Expkea Jaa�.31�2006 �' Page 5 of 6 , , , , i �- /� �� 0 0 , C ITY of ORONU � � '�' RESOLUTION OF THE CITY COUNCIL ��`9$E p�''�'G � . NO. � � �. � �_SH STATE OF MINNESOTA ) ) ss. COUNTY OF �iENNEPIN) On this�'�H day of �� ,20 6� before me a Notary Public wit in and for said county,personally appeared ��--�-%cKf.3c�Ttar� � ki��.-� b<<r't�n, i'�'�'-'T�nown to me to be the person(s) described in and who executed the foregoina instrument, and acknowledged that he(they) executed the same as his (their)free act and deed. � RRCHEL�ODGE NOTARY pUBLIC-MINNE:aTA �� V INy Cortimisslon Exphes Jan.31.3006 � ~�� Notary Public STATE OF N�INNESOTA ) ' ) ss. COUNTY OF H��TNEPIN) On this day of ,20_before me a Notary Public within and for said county,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their)free act and deed. Notary Public Page 6 of 6 I