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Home My WebLink About#4920-CUP-2003 l f / � O� • O 1: O � ^ CITY of ORONO � ��;.� � � { ti �,� G'�' RESOLUTION OF THE CITY COUNCIL ��kES8�4� NO. � � � � . A RESOLUTION GRANTING A CONDITIONAL USE PERMITAS STATED It�MUNICIPAL ZONING CODE - � SECTION 10.20, SUBD. 3 G, � FILE NO. 02-2857 WHEREAS,Cynthia Piper,(hereinafter"the applicant")is the owner of the property located at 1125 Spring Hill Road, within the City of Orono (hereinafter "the City") and legally desEribed as.follows: "Exhibit A"attached,Hennepin County,Minnesota,(hereinafter"the property");and WHEREAS, the applicant has applied to the City for a conditional use permit, as stated in Municipal Zoning Code Section 10.20,Subdivision 3 G,to permit a guest aparhnent within the primary residence in the LR-lA zoning district; and • WHEREAS after due ublished notice and mailed notice in accordance with � P Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning � Commission held a public hearing on January 22, 2003, at which time all persons desiring to be , heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2857. � 2. The property is located in the LR-lA Zoning District, where 2.0 acres is the � minimum required lot area. The property consists of approximately 6.6 acres. 3. The Orono Planning Commission reviewed this application on January 22, 2003 and recommended approval by a vote of 7 to 0. � � 4. The Planning Commission made the followin� findings: • Page 1 of 6 � � �� 0 >_� � � � . CITY of ORONO ,� ., �, . � .,. .�b t � �'� �G'�' RESOLUTION OF THE CITY COUNC�L �`9kESI�Og' N 0. � � � � . A. Access to the apartment is provided by a primary access within the principal • structure and a second from the exterior of the garage; B. Adequate parking is provided to serve residents of the principal structure and . � guest apartment; C. The property is served by a compliant septic system which is adequate for the four bedroom home proposed; D. The guest apartment will not be rented out and is only for use of the occupants of the principal residence,including their domestic employees or _ non-paying guests; E. The utilities will not be metered separately from the principal residence;and F. The guest apartment will not have a separate address. � 5. The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfare of the public,will 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 2oning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants approval to permit a guest apartment within the primary residence, as stated in Municipal Zoning Code Section 10.20, Subdivision�3 G for the property located at 1125 Spring Hill . Road. Approval is subject to the following conditions: 1. Council approval is based on the site plan and building plan/layout submitted by the � applicant attached to this resolution as Exhibit A. Any amendments to the approved plan may require further Planning Commission and City Council review. . . 2. Approval is subj ect to the following: • a) The apartment within the principal residence is for use by occupants of the principal residence, includin�their domestic employees or non-paying . Page 2 of 6 � °� • o � � -�� CITY of ORONO ,� � ;.. � '�'.� � G~� RESOLUTION OF THE CITY COUNCIL �`9kESI3�g'� NO. � � �' O guests.No rental of the guest apartment shall be permitted. • b) There shall be at least one access door to the apartment from within the principal structure and findings shall be made to permit the access to the guest apartment from the exterior of the structure. More than one exit should be available to the occupants of the guest apartment area for fire safety purposes, especially since the apartment area is located over the garage. c) Utilities shall not be metered separately from the principal residence - utilities and the aparhnent shall not have a separate sfireet address. _ 3. Authorities granted by this conditional use permit run with the property not with the, applicant but are permissive only and must be exercised by application for abuilding permit within one year of the date of Council approval,or this conditional use permit will expire(January 27, 2004). , . , 4. Violation of or non-compliance with any of the terms and conditions of this . conditional use permit shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a � misdemeanor. 5. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of herself,her heirs,successors and assigns,hereby agrees to the recording of this resolution in the Chain of Title of the property. � � Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the � 27th day of January, 2003. ATT ST: � �.-- U1t-?� in a S. Vee, City Clerk Barbara A. Peterso , a�or ` � P , p rty Owner(s) • Page 3 of 6 � °� � o � � -� � CITY of ORONO . ,� � ..�.;�.. � : ti �.� G'�' . RESOLUTION OF THE CITY COUNCIL ' L�kEs�1�4� NO. � � °� � STATE OF MINNESOTA � COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this 27th day of January,2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. r�s + • KRISTI B.AMDERS01� � �`' '�' � '— � ,>`, ,f �t, Nf�fARYPUBUC-C��`INcS"JTA � No Public . " � ��`w•'":� ?ay Cammiss?on F�coic�1z :;�.;'.�Q71 r ._ r -.��.3' STATE OF MINNESOTA COUNTY OF HENNEPIN .. �� • The foregoing instrument was acknowledged before me on this ,�� day of January, 2003 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. - r.. RACHE � `�Q�.�-t�.x. f�(�. •ry��`��';, L DODGE . . 's�i''�"'; NOTARY PUeLIC-MINS�E�orA ' Notary Public , � � My Ccmmisston Exp(rey�an.31,2pp8 �::�.-:�<--.-� - � . STATE OF Iv1INNESOTA COUNTY OF HENNEPIN On this �j 6 day of 'c..n�,�. ,2003,C u r��.��. P�132�' � personally appeared before me, . . ° � � who is personally known to me � � ✓whose identity I•proved on the basis of l�I.JJ 17 � � �vhose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instniment,and acknowledged that he/she/they executed the sanie as his/her/their free act and deed. . • Notary Public DENISE M.LESKINEN NOTARY PUBUC-MINNESOTA �.-�y: MY Canxt�sion F�cpires Jan.31�2045 Page 4 of 6 � °� • o . � � '_� � CITY of ORONO g . , `(' � i :. . � . _ .. • � RESOLUTION OF THE CITY COUNCIL ��`9kESS�g'�G N� � � � STATE OF MINNESOTA - COUNTY OF HENNEPIN � � i/ On this�day of c�, [,z , 2003, � �<+�P��i �!L personally appeared before me, � who is personally known to me whose identity I proved on the basis of ___ whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instnunent,and acknowledged that he/she/they executed the same as his/her/their free act and deed. . ��°�'��TA � L� � �� CEY!.. KLINE .. . ... S 1�i'y�',,,� �rqRY��-MINNESOTA Notary Pub ic �� . • ` ��nuV`��N�VIXPiRES131�2007 . • Page 5 of 6 � � °� ��.�. r o � � _� ��.. CITY of ORONO � ` �,n.;�.. ti . ti RESOLUTION OF THE CITY COUNC�L �L`4kESI3�4�G . . NO. � � � O EXHIBIT A � LEGAL DESCRIPTION: " � That part of Govcmmcnt Lot 2,Scction 26,Township 118 North,Range 23 West of the Sth Principa]Meridian, lying Northerly of creek and Westerly of the following described line and its Southerly extension:Commencing at the Northwest corner of the Southeast quarter of said Section 26;thence on an assumed bearing of South 1 degree 03 minutes 45 seconds West along the West line of said Southeast quarter a distance of 1168 feet to the point of beginning of the line being descn'bed;thence South 45 degrees East a distance of 569.03 feet;thence , South 54 degrccs 35 minutes East to a point of interscction with thc East line of thc West 619 fcet of said Government Lot 2;thence South 1 degrees 03 minutes 45 seconds West a distance of 30438 feet;thence South 11 degrees 30 minutes East to the Southerly line of said Govemment Lot 2,and there ending. EXCEPT that part thereof lying Westerly of the following descnbed line and its Southerly extension: Commencing at the Northwest corner of the Southeast quarter of said Section 26;thence on an ass�ed bearing of South 1 degree 03 minutes 45 seconds West along the West line of said Southeast quarter a distance of 1168 • • feet to the point of beginning of the line being described;thence South 45 degrees East a distance of 448.54 feet; thence South 8 degrees 06 minutes West a distance of 610.58 feet;thence South 5 degrees 54 minutes East to the� Southerly line of said Government Lot 2,and there ending. i . Page 6 of 6