HomeMy WebLinkAboutResolution #1500 . •
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Cit of ORON e ,
RESOLUTION OF THE CITY COUN ; p. `4. •
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CITY 1500 d'''4.i.04. a .
NO. rr . .
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ORONC
GRANTING A CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE SECTION 34.721 FILE 738
r (hereafter "applicant" ) of
Nelson is the owner Whereas , Kip lication to
a property located at 4580 Watertown Road and has
a made house use of o
the City. of Orono , hereafter "City" ,le topermit
described as : a
residence at the property g
see exhibit A, attached
(hereafter "the property" ) .
NOW THEREFORE BE IT RESOLVED by the City Council of Orono ,
Minnesota :
FINDINGS
1. This application was reviewed as zoning file No . 738 .
2. The property is located in the RR-1A Rural Residential Zoning
District .
3 . The older of the two residences on the property was constructed
sometime in the late 1920s and the other residence sometime in the late
1940s .
4 . Prior to 1978 , the older residence was rented and the newer
residence served as the principal homestead .
5. The two residences on the single lot became legal nonconforming
uses at the time
tmmAning distr
created
lotsn width 7 now
per
requiring 5 acreminimum in areaand300 feetof
residential unit.
6. The property contains approximately 6. 5 acres in area and at its
widest point has 290 feet of frontage along the public road .
7. A second residential unit has existed on the property for over 40
years .
8. The older residence was r
nt ed up to 1978 at the time the property
was purchased by the app
City of ORONO
RESOLUTION OF THE CITY COUNCIL;
CITYNO. 1500 `'" = "' P
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OF ` 'r
ORONO
9 . The applicant has used both structures as residences since 1978 .
10 . Both residences are served by a single curb cut and shared driveway.
11 . Both residences are served by one well and septic system. The
septic system shows no sign of failing .
12. Council grants a variance to the lot area and lot width performance
standard as required per Ordinance 34 .721 based on the following
findings :
a) The two residences existed as legal nonconforming uses up to
1978 when the property was purchased by the applicant and rental
of the second residence ceased .
b) Both residences are habitable and may be used without
endangering the safety of those who use the structures .
c) Both structures have served the applicant as a
residence/homestead since 1978 .
13. Since the rezoning in 1967 , an addition was made to the older
structure , at that time a nonconforming structure/use , without a
building permit and in violation of Ordinance 31 .108 of the municipal
code because it resulted in an expansion of a nonconforming use .
14. The addition may remain if the older residence is approved for guest
house use, a legal conforming use, and the required building permits
obtained by the applicant.
15. The City Council has considered this application including the
reports by staff and comments of the applicant and the effect of the
proposed use on the health , safety and welfare of the community.
16 . The City Council. finds that granting a Conditional Use Permit to
allow the guest house use of a second residence on the property will not
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 this use depreciate
surrounding property values and 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.
City of ORON -
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RESOLUTION OF THE CITY COUNCIL ,'r_' '`s." :? -,- �,_,, 4
CITY NO. •
1500 :a•
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OF
oRONa
•
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings , the Orono City Council hereby grants a
Conditional Use Permit to Kip Nelson for the guest house use of an
existing , second residence on the property subject to the following
conditions :
1 . Neither the principal/homestead or guest house structure may
be rented .
2. In lieu of the lot standard variance granted by Council for this
review, the older residential structure approved for guest house
use may never be expanded . Building permits may be issued for
the normal maintenance repairs , structural repairs and
incidential alterations .
3 . Applicant must obtain an after the fact building permit for the
addition to the guest house residence .
4 . No other variances are granted or permitted for this
application.
5 . Violation of or noncompliance with any of the terms and
conditions 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 .
6. The undersigned owner has read , understood and hereby agrees
to the terms of this resolution and on behalf of himself , hereby
agrees to the recording of this resolution in the chain of title of
the property.
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.. A City of ORONO
RESOLUTION OF THE CITY COUNCIL "t,'4 r
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CITY of
NO. 1500 A-;;J`-'. ,:7,, '� -:�--_ :-a.
OF ;e r =.,:
ORONG
Adopted by the Orono City Council on this 11th day of July, 1983 .
ATTEST: CITY OF ORONO
_. :_,/1"-z,z,-.-:_:_. `,17%'. . --7---h----) 'c\C\k c., i NV 1
Alberta M. Strom, City Clerk Mary C. tler , Mayor
i
Kip son
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this /9 day of tie , 19 f.3 , before me , a Notary
Public within and ford said County, personally appeared
k-jp >L222%ff---)"
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 .
___:14.---;7"., (2}-47/f721,A:y.,46f.--zJ )
JOHN R. OERHAROSON 1 NOTARY PUBLIC
447, NOTARY p ,tiNNESOTA
NVNIENNEPIN des COUNTY
�a
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes .386.77 .
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City Of Orono
P.O. Box 66
Crystal Bay, Mn 55323
473-7357