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Home My WebLink About#4785-variances/CUP-2002 � �.i.�_._,�.._. . /�'� �� . . . � o 0 ��b. - CITY of ORONO � � �� ,�' RESOLUTION OF THE CITY COUNCIL . ��`9k,ESH.pg'� NO. �� e� �_ A RESOLUTION GRANTING � VARIANCES TO SECTION 10.03, SUBDIVISION 12, SECTION 10.22, SUBDIVISION 1(B), GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 3(Q)AlotD , SECTION 10.20, SUBDIVISION 3(G) FILE NO. 02-2761 ' WHEREAS,Addison L.Piper and Cynthia S.Piper,(hereinafter"the applicants")are the owners of the property located at 1125 Spring Hill Road within the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot 2,Section 26,Township 118 North,Range 23 West of � � the 5`� Principal 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 seaonds 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 569.03 feet;thence South 54 degrees 35 minutes East to a point of intersection with the East line of the West 619 feet of said Government Lot 2;thence South 1 degree 03 minutes 45 seconds West a distance of 304.38 feet; thence South 11 degrees 30 minutes East to the Southerly line of said � Government Lot 2, and there ending. Except that part thereof lying Westerly of the � following described 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 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, Hennepin County, � Minnesota . WHEREAS,the applicants have applied to the City for variances to Municipal Code Sections 10.03, Subdivision 12 to permit the pool house to be located 9.3' from the principal structure where 10'is required; Section 10.22, Subdivision 1(B)to permit construction�of a screen porch which encroaches 15'into the average lakeshore setback;a conditional use permit to allow the � Page 1 of 7 � i�� . � o 0 ��e. - CITY of 4RON0 � � � ti �� ,'�' � RESOLUTION OF THE CITY COUNCIL, . ��`�$ESH04� NO. � d �i'� � guest house per Section 10.20, Subdivision 3(G); and a conditional use permit to allow plumbing in the accessory building("pool house")per Section 10.20, Subdivision 3(Q). 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 March 18,2002,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#02-2761. � 2. This property is located in the LR-lA Zoning District,where 2 acres is the minimum � lot area. The properry consists of approximately 6.6 acres. 3. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval by a vote of 7 to 0. 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 LR-lA zoning district. B. The guest house meets all required principal building setbacks. C. The septic system is designed to handle the wastewater for the principal residence,the guest house and the pool house. D. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. E. The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. � Page 2 of 7 �_,__ �� . � o 0 ��b. - CITY of ORONO � � � . �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. � d' �i � F. The average lakeshore setback variance is justified by the conclusion that existing views of the lake enjoyed by neighboring property owners will not be encroached upon by the proposed screen porch. G. The pool house has existed in its present location since at least 1994. 5. The City Council finds that the conditions existing on this properly are peculiar to it and do not apply generally to other properiy 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 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 ancl Comprehensive Plan of the City. • 6. The City Council finds that granting conditional use permits to allow construction of � a guest house and to allow plumbing in an accessory building will not to be detrimental 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 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. 7. 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 variances 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 variances to Municipal Code Sections 10.03, Subdivision.l2 to permit the pool house to be located 9.3' from the principal structure where 10' is required; Section�10.22, Subdivision 1(B) to permit construction of a screen porch which encroaches 15' into the average lakeshore setback; a conditional use permit to allow the guest house per Section 10.20, Subdivision 3(G); � Page 3 of 7 i�� . � O� . � o o � ��b. - CITY of ORONO � � �� Gti' RESOLUTION OF THE CITY COUNCIL . ��SH.�4'� NO. . � "�° � � and a conditional use permit to allow plumbing in the accessory building("pool house")per Section 10.20, Subdivision 3(Q). Approval is subject to the following conditions: 1. The guest house shall be used and occupied by person who would otherwise use� the primary residence on the property, such as domestic help, guests and relatives. The guest house shall not be rented out. 2. The guest house shall be constructed in accordance with the plans submitted by the applicant on file with the City of Orono and shall be developed in accordance with the site plan attached to this resolution as"E�ibit A". Any amendments to the site plan may require further Planning Commission and City Council review. 3. The property owners agree to the filing of a covenant in the title of the property � regarding plumbing in the accessory structure providing the following: , A. The accessory building will not be used for a home occupation unless � specifically approved by the City or if allowed by City 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. Authorities granted by these variances and conditional use permits run with the property not with the applicants,but are permissive only and must be exercised by . application for a building permit within one year of the date of Council approval, � . or these variances will expire on that date (Apri18, 2003). � � 5. Violation of or non-compliance with any of the terms and conditions of these . variances and conditional use permits 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 agrees to the terms of this resolution and on behalf of themselves,their heirs, their successors and . assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 4 of 7 i—•—'_ �� . � o o. . ��b. - CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH04� � NO. � � � �' Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 8th day of April, 2002. �TTEST: � _ /� (/ . Linda S. Vee, City Cl Barbara A. Peterson, Mayor , � . � Property Owner(s) • STATE OF 1��INNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 8th day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � Q��-- G•- � , J7._ . � Not .ublic ALISSA A,WINTERNHEIMER STATE OF MINNESOTA NOTARYPUBLIC-MINNESOTA � COUNTY OF HENNEPIN My�ommission exa;�e�.►an.31,2oos •._.r.�.<;.�..... . ... �:�^-�-: . The foregoing instrument was acknowledged before me on this�day of April, 2002 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. .. _�K- � /� "` ' RACH�L L�ODGE �-�'��,�'`x" �OG�C C`�_ �,_,, .� } � '' NOTARI'FUBLIC-MINN�.^OTA , s_•.�a:-; . "�t'''�'- Notary Public • ;;r;':` My Commission Expires Jan.31,2005 Page 5 of 7 �� 7 O� . � O O ��e. - CITY of ORONO � F �� ' RESOLUTION OF THE CITY COUNCIL . ��`9x',E8H,0g'� NO. . � °� � � ` � STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of r; � , 20 O2, �c�c�sn n C. l��r� personally appeared before me, . who is personally known to me •�/'whose identity I proved on the basis of =/l�lN �C_ whose identity I proved on the oath/affirmation of a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � Notary Public • STATE OF MINNESOTA �� _.__��S�M.LESKINEN COUNTY OF HENNEPIN NOTARY PUBLIC-MINNESOTA My Cortunission Exp(res Jan.31,2005 On this�day of �,�/��L. , 20�, ��h ��. � �%�c,r personally appeared before me, who is personally known to me �/', whose identity I proved on the basis of_ ��t/ � L whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the _ same as his/her/their free act and deed. 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