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� � � �`�' RESOLUTION OF THE CITY COUNCIL
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A RESOI�IITION GRANTING A
CONDITIONAL DSE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (G)
FILE #955
WHEREAS, David M. Winton (hereinafter "the applicant") is
the owner of the property located at 1780 Shoreline Drive within the
City of Orono (hereinafter "City") and legally described as follows:
AlI that part of Tract A I.ying Southerly of a I.ine drawn from a
point on the Southwesterly Iine of said Tract A distant 80 feet
Northwesterly of the most Easterly corner of Tract B, to a point
on the Northeasterly line of said Tract A distant 80 feet North-
westerly of a judicial I.andmark placed at the intersection of the
East and Northeasterly Iines of said Tract A; and
AI1 that part of Tract B Iying Southerly of a line drawn from a
point on the Southwesterly line of said Tract B distant 80 feet
Northwesterly of the most Southerly corner of said Tract B, to a
point on the Northeasterly Iine of said Tract B distant 80 feet
• Northwesterly of the most Easterly corner of said Tract B; and
Tracts C, D, E, and I; and
Tract H except that part thereof Iying between Tracts G and J and
Southwesterly of a line drawn parallel with and 20 feet Westerly
of the Easterly line of said Tract H; aII in Registered Land
Survey No. 245, files of Registrar of Titles, County of Hennepin,
(hereinafter "property" ) ; and
WHEREAS, the applicant has applied to the City for a
Conditional Use Permit to permit the construction of a guest house on
a separate 2.2 acre parcel historically considered and used as a part
of the principal. dweI.ling property,� per Municipal Zoning Code Section
10.20, Subdivision 3 (G).
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #955.
2. The property is located in the LR-lA Single Family Lakeshore
� Residential Zoning District.
• 3. On September 16, 1985, the Orono Planning Commission reviewed
the application as proposed and recommended approval , finding
that:
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' a) The guest house parcel contains 2.2 acres of dry build-
�� able I.and, meeting the LR-lA 2-acre minimum Iot area
. requirement. The remainder of the non-combined parcels
�` contains 6.9 acres of dry buildable land and includes the
. main house. The Iot width at the building site is somewhat
less than the required 200'.
� b) The gue;st house is proposed in a Iocation within the 2.2
acre parcel which meets aII setback requirements within that
parcel, and which will maintain in excess of the minimum
setback required (60') from the adjacent structure.
c) Access to the guest house is via the existing driveway
serving the main house.
4. The City Council has considered this appl.ication including
� the findings and recommendations of the Planning Commission,
• reports by staff and comments of the applicant and the effect of
the proposed use on the health, safety and welfare of the
community.
5. The City Council finds that granting a Coriditional. Use Permit
to allow the construction of a guest house will. not be detri-
mental to the health, safety or general welfare of the public,
would not adversely affect light air nor pose a fire hazard or
other danger to neighboring properties, nor will it depreciate
surrounding property values and that the proposed Ievel of use of
� the property wil.I be in keeping with the intent and objectives of
the Zoning Code and Comprehensive Plan of the City.
• CONCLUSIONS, ORDER AND CONDITIONS
' Based upon the above findings, the Orono City Council hereby
grants a Conditional. Use Permit per Municipal Zoning Code Section
10.20, Subdivision 3 (G) to permit the construction of a guest house
on a separate 2.2 acre parcel historically considered and used as a
part of the principal dwelling property, subject to the following
conditions:
l. The guest house shall have a separate well and septic system.
2. Applicant is placed on notice that if P.I.D. #10-117-23 14
� 0002 (the 2.2 acre parcel with guest house) is ever sold off
separatel.y from the main property, the guest house shall at that
time be considered the primary residence for that parcel , and
construction of a second dwelling on that parcel will require a
further conditional use permit review.
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3. Applicant is placed on notice that Orono Municipal Zoning
` Code Section 10.03, Subdivision 6 (C) prohibits the sale or
� transfer of any parcel or combination of adjacent parcels which
singly or in combination are non-conforming in area or width; or
� . which sale or transfer makes the retained property or properties
rv non-conforming; without Council approval.
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� 4. Applicant is further placed on notice, that based on the �
survey submitted with the application, the existing main house at
; one point appears to be only 23' from the side lot Iine where a
;; 30' side setback is required, hence sale of the guest house
�� parcel would cause the main house parcel to be non-conforming, in
Q violation of §10.03, Subdivision 6 (C). A simpl.e lot line re-
<� arrangement would remedy this potential future problem. Al.so,
�� the survey indicates that the Iot lines could be arranged so that
- while maintaining a 30' setback to the existing house, the Iot
width of the guest house parcel coul.d be increased to approxi-
, mateI.y 195', nearl.y meeting the required Iot width but still.
. requiring a slight variance.
� 5. Applicant is further placed on notice that if the guest house
parcel was sold off separately, that an access easement would be
required over the existing driveway on the main house property.
: 6. The applicant is advised to check on the relative property
' tax benefits of combining or not combining the 9 properties held
in common.
� 7. Violation of or non-compliance with any of the terms and
conditions of this resol.ution shall. constitute a violation of the
. Zoning Code, shal 1 automaticall.y terminate any authority granted
herein, and shall be punishable as a misdemeanor.
8. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his 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 7th day of
� October, 1985.
AT EST:
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� • rothy alli , City Clerk Mary C. - Ier, �Mayor
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(1) Property Owne
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� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
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'' On this day of �r� , 198�
` before me a Notary Publ ' c /w.i thin and for said county, personally
� appeared 5��729'l� �. [/�l�llYOtil known� to me to be �
the perso�(s) described in and who executed the foregoing
instrument, and acknowledged that he (they3 executed the same as
� his (their) free act and deed. �
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•. MICHAEL P. G �
� ��'''� NOTARY PUBLIC-MIN^:: � : N TARY PUBLIC
' ' HENNEPIN C��''�� '
pAy Commission Enp�res J ^ � ;
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• MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �� T� day of ��%����� !% . 198:�; before me
. a Notary blic wi iry �nd fo said County, personally appeared
i��l f� % �L�// � �G �l 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.
♦
��\N�S��p OTARY PUBLIC
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et�1 MY COMMISSION EXPIRES
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