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Home My WebLink AboutResolution 6884 Doc No T05558217 Certified, filed and/or recorded on Sep 5, 2018 11:17 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 125 Pkg ID 1731899E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1438420 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G� No. 6 8 8 4 �`�kFs H p��' A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-328(7) FILE NO. LA18-000050 WHEREAS, on May 16, 2018, Forrest Burke(hereinafterthe"ApplicanY'), applied for a conditional use permit("CUP") pursuant to the City Code for the property addressed 1020 Tonkawa Road and legally described as: Tract B, RLS No. 617, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a CUP pursuant to Orono Municipal Zoning Code Section 78-328 to allow plumbing within an accessory building including installation of shower fixtures; and WHEREAS, on June 18, 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 June 18, 2018, the Planning Commission recommended approval of the CUP; and WHEREAS, on June 25, 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 CUP 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 #LA18-000050. 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 materiafs distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1 B Zoning District. 1 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�, �� No. 6 8 8 4 G tqkES H�4� 3. Applicant has applied for the following CUP: a. Plumbing within an accessory building which includes a bathtub or shower. 4. In considering this application for CUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP 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. CONDITIONAL USE PERMIT ANALYSIS: The Council finds that the proposed CUP at the proposed location is or will be: 1) Consistent with the community management plan; the proposed use is residential in nature and residentia/use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; the proposed detached garage improvement inc/uding the plumbing fixtures are compliant with the zoning ordinance. 3) Adequately served by police, fire, roads, and stormwater management; the proposed use wil/be adequately served by existing services and facilities.. 4) Provided with an adequate water supply and sewage disposal system; the Property is served by City sewer and private we/l. Staff believes this criterion is met. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the proposed detached garage with entertaining space is residential in character and its use is expected to be compatible with fhe surrounding area. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the detached garage with recreation space including plumbing is residential in visual character and is expected to be compatible with the surrounding area. 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� No. 6 8 8 4 � l�KBSHO�� 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The architectura/styling of the proposed detached garage with plumbing is expected to be residential in character and consistent with that of the principa/structure on the Property. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The use of the detached garage with entertaining space which includes plumbing is not expected to have any adverse impacts. No information has been presented to indicate such. 10)Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the detached garage will be situated in a conforming location and will not be significant/y visible when viewed from off the Property on the street side, and the views from fhe neighbors wil/be screened somewhat by existing vegetation and the physica/separation. In the opinion of staff, additiona/screening or buffering will not be required. 11)Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; the proposed detached garage wifh plumbing is not expected to cause any of these undesirable impacts. 12)Not cause excessive non-residential tra�c on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; it is anticipated that the proposed detached garage with p/umbing will not generate any of these undesirab/e issues. 13)Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; the proposed detached garage with plumbing has been visually designed to conform to the residence on the property, and will not have a negative environmental impact. 14)All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; Applicants are hereby advised of this requirement; and 3 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G� rro. 6 8 8 4 tqkFSHp��' 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criferion is met. 16)Additionally, the Council has determined that the following criteria have been met: 1. The council finds that the proposed use of the accessory structure with a bathtub or shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. 3. The accessory building is conforming in location, size and height. 4. The property owner agrees to the filing of a covenant in the title of the property providing that the accessory building will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-328(7) to allow installation of a bathtub or shower within the accessory building, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the plans and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. The Owners agree to a covenant restricting the accessory building as follows: a. The accessory building will not be used for a home occupation unless specifically approved by the city or if allowed by this Code. b. The accessory building will not be used as a dwelling unless a guest house conditional use permit is obtained. c. The accessory building will not be rented, leased, or otherwise provided for use as a dwelling under any circumstances. 4. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � No. 6 8 8 4 �' G tqkESH�� 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 accessory building. A framing inspection must be completed within one year of the date of Council approval, or the CUP will expire on that date (July 9, 2019). 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 July, 2019. ATTEST: CITY OF ORONO: r � � , 1 �3 � �,��_--�' _� ..- .. � Anna Carlson, City Clerk Dennis Walsh, Mayor 5 ��p CITY OF ORONO RESOLUTION OF THE CITY COLJNCIL �� G� No. 6 8 8 4 t��FSH04� � � rres . urke Pro ert Owner enee M. Burke ro ert Owner , P Y , P Y AI1118 Ma�l6 Cc1f�S011 NIo�Y Pub�C•Minr�esote My Cornrrassion F�ir�0113112020 STATE OF MINNIESOTA COUNTY OF HENNEPIN /�+� This instrument was acknowledged before me this �(G' day of , 20�, by Forrest G. Burke, husband of Renee M. Burke. �. tary ublic STATE OF MINNESOTA COUNTY OF HENNEPIN � This instrument was acknowledged before me this�� day of !.{ , 20�, by Renee M. Burke, wife of Forrest G. Burke. Anna Marie Carlson Nota�y PubBc-Minnesota � . 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