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Home My WebLink About#2444-varianc/CUP-1988 ) 1 / �t'_._ ", 7 , ' , , � . � � . ,. . . . . . . .. A: .`'.. r x�4tx� . . . • • . . . : ... ' . . ,. x�>>�f d . C�t� o� ORONO �� ',y ' , • �� - � . � . . . , . - ��W:; Y f �. RESOLUTION OF THE CITY�COUNCIL tif� . , �`"_ `',.�" . " � . . . NO. 2444 ' . . . � F �� ' � :ti��.�:". • � . A RESOI�UTION GRANTING . � . A VARIANCE AND AND CONDITIONAL IISB PSRMIT TO - MONICIPAL ZONING CODE . . . S$CTION 10.23, SDBDIVISION 4 • (A) � ... � ... .. 'FILE #1269 . � . .. WHEREAS, Norwest Bank Minnesota, National Association, formerly known as Norwest Bank •Mineapolis, National Association, as Trustee, (hereinafter "the applicant") �is the owner of the property located at 1395 Orono Lane wi`thin `the City of Orono (hereinafter "City") and legally described as Lots 7 and 8, "Homes on Brown's Bay", Hennepin County, Minnesota (hereinafter "Propertg"); and ' • WH$REAS, the�applicant,"•�has='°:� made application to the City of Orono to permit the reinstallation of a guest house use in the upper or �econd level of an existing detached garage requiring an area variance of 36,990 s.f. or 3.14 acres or 79� variance. • • , . �; . � NOW, THEREFORE, BE TT� YtE$OLV$D�by the City Council of Orono, r-- Minnesota: � � •� � � • FINDINGS. 1. This application was� reviewed as Zoning File #1269. 2. The property is located �in the LR-1A, Lakeshore Residential Zoning District requiring `two acres in area.` � " : 3. The property is approximately 37;250 s.f. or .85 acres in area. 4. The Orono Planning Commission reviewed this application on June 6, , 1988, and recommended approval of the proposed variance to the area . standard that would require 4 acres or 174,240 s.f. in area for both the principal residence and guest house per Zoning Code Section 10.23, ; Subdivision 4 (Aj, and recommended approval of a Conditional Use Permit for the reinstal•latiori of the guest house use per that same 'j section based on the following� findings: a. Based on the � private covenant executed in 1982 � by the � previous owner of the property at the request of the City of • Orono, the existing apartment was al lowed to remain with plumbing and heating with no other attempt to alter the structure as to prevent future habitation. The intent and conditions of that covenant strongly suggest that a guest apartment could be ' reinstalled on the property in the future if the appropriate � • permits were obtained from the City of Orono. s b. The guest house use had existed on the property prior to t 1982 and under the current existing LR-lA Zoning District. . c. The property is now served with sewer. x . Page 1 of 4 e� r , ' . . , e• d Cit o� ORONO � � • � RESOLUTION OF THE CITY COUNCIL � N0. 2444 • ' � • '� d. There wi l l be no increase in hardcover proposed with the . reinstallation of the guest house use. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property � in this zoning da.strict; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the app licant, but is necessary to al leviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . 6. The City Council finds that granting a conditional use permit to al low the reinstal lation of a guest house would not be detrimental to • the hea 1 th, saf ety or genera 1 we 1 f are of the pub 1 ic, wou ld 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. CONCI�DSIONS, ORDER AND CONDITIONS ' Based upon one or more of the above findings, the Oron�o City Council hereby grants a Conditional Use Permit and Variance to Municipal Zoning Code Section 10.23 , Subdivision 4 (A) that would allow the reinstallation of a guest house use and approves an area variance of 136,994 s.f., 3.14 acres or 79$ for two residential units on a single lot in a zoning district that would require 4 acres, subject to the following conditions: _ _ 1. The guest house is for the exclusive use of the members of the family who reside/own the principal �residence on the property. 2. The guest house is no`t approved for rental purposes. 3. If the guest house is proposed for the use of a caretaker, a seperate or independent Conditional Use Permit shall be required. 4. Prior to the occupancy of the guest house, the guest house must be connected to sewer via the existing line that is under the garage. The primary residence shall be connected to municipal sewer via an � independent new line. � , . 5. Prior to occupancy of the guest house unit, the building inspector must inspect the structure to see that minimal standards are .- • complied with for residential habitation. 6. The accessory structure located within 75' of the lakeshore shall never be used for habitation as a third residential unit on the property. Page 2 of 4 t .'i' F • < < J R • '. .. � .�,�` ; . . . ;:, . _ ' � . d . � c�t o� oR,oivo � -, . .- _ . � � . �. `, • . ' RESOLUTION OF THE CITY�COUNCIL _ • Y - � � NO. 2444 � � • • '7 . The current owner must make a sewer connection payment of $14,503.18 �and a SAC payment .of $550.00 with the sewer ,connection permit for the principal residence. 8 . Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the, date of • Council<� approval, or the special'�conditions of this resolution will expire on that date (June 13, 1989). 9. Violation of or non-compliance with any of the terms and condi- tions 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. 10 . 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 13th day of June 1988. ATT T: . . , � . � othy M � allin, City Clerk Edward� J. Call an, Jr. , Acting ayor Norwest Bank Minnesota, National Association, formerly known as Norwest Bank Minneapolis, Nat ' 1 Association, a national banking association, as Trustee, By � , ✓ Its �,i(�� , and ✓ . Its . � i 3 • ; - ` Page 3 of 4 � � < � � i , ,,��.•�.,:r-�; .. . - - - • . r - .� , - � �: � � � c�tY o� oR,oNo �x V � ��,y�� .�,� �" RESOLUTION OF THE CITY COUNCIL i:�a-":� � NO. 2444 ,V��,," • • .. . r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this y G� day of �, 198� . before me a Notary Pu lic ithin and for said county, personally appeared i Jft. - 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. - �- ' . - ---_ - . - Q.�-�� '' NOT Y PUBLIC . - • _ - -- __ -- -_ � - � �+"`� NATHALIE M.PETERSON _ ' � ��'L NOTARY PUBU�-MINNESOTA , HENNEPIN COUNTY MY COMMI�SSIbI�%a��l '�� ' ,� ,:� ,� . :, , �� - - ' STATE OF MINNESOTA ) )ss. ' - COUNTY OF HENNEPIN ) - - : � - - __ - - -- -- - --_ _ - -_ ___ : On this 4th _ day:of - - _.__ Au�usr- � ,_, 198_, befoxe=me _ � a Notary Public within and for- said County, personally-appeared - — :' Mary P. Barrett -- ___-�-- .- knoWn to mei=to =-be -the_ --_ � � person(s) described in and who executed the f oregoing instrument;- - - _ and acknowledged that he �(they) executed the same as_his _ � (thei r) f ree act and deed. _._ _ _ _____ _ ___ _..- -- - - - - _ -�- - --- -. =-T- -- --. � - - -- - ___- �.._ � _ �---�- - - - ., - -- - --- - �� ° � / � NOTARY PUBLIC , � * - f'""'� GENEVIEVE M.YOUNQ ---- - - � -- ;3�c� NOTARY PUBlIC-MINNESOTA • -- - - NENNEFIM COUNiY - - - _MY COMMI _ - x Page .4 of 4