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Home My WebLink AboutRes 5112 p OCITY of ORONO (:ire- G RESOLUTION OF THE CITY COUNCIL 49k'ESII•Ov N0. A RESOLUTION GRANTING A CONDITIONAL USE PERMT PER PER MUNICIPAL ZONING CODE SECTION 78-1431 AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1434, SUBDIVISION 2 FILE NO. 04-2967 WHEREAS, Sharon Rae Guimond, a single person (hereinafter "the applicant") is the owner of the property located at 2900 Watertown Road within the City of Orono (hereinafter the "City") and legally described as follows: West 225 feet of the East 645 feet of the South 415.6 feet of the Southeast quarter of the Southwest quarter of Section 33, Township 118, North, Range 23 West of the 5`h' Principal Meridian, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS,the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1434 to allow an oversized accessory structure of 1,500 s.f. to be constructed on a 2.0 acre property where a maximum accessory structure of 1,200 s.f. is normally allowed. WHEREAS, the applicant has made application for a conditional use permit to construct an accessory structure on a lot which is considered a"through lot" by City Ordinance. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 1 FINDINGS 1. This application was reviewed as Zoning File#04-2967. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District which requires a minimum of 2.0 acres and minimum lot Page 1 of 5 0 0 Q0,- CITY of ORONO 1, lj\ Itlit :f ,� 1V1" C~ RESOLUTION OF THE CITY COUNCIL kESI;0 width of 200'. The area of the property is 2.0 acres and a defined lot width is 225'. 3. The Planning Commission reviewed this application at a public hearing held on January 20, 2004 and recommended approval of the conditional use permit based on the following findings: a. The property has frontages in the front and rear of the property making it a through lot. b. A variance of 300s.f. is supported by the hardships of the existing barn having been destroyed by a situation not created by the applicant, and the desire to utilize the existing foundation. c. The location of the proposed detached garage will be setback so as to meet all of the required setbacks established by the RR-1B Zoning District setbacks. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit and variance 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 applicant, but is necessary to alleviate a demonstrable 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1434 Subdivision 2 and a conditional use permit for the construction of a 1,500 s.f. detached accessory structure/barn on a through lot, subject to the following conditions: Page 2 of 5 414 0 ° -- i CITY of ORONO 1H RESOLUTION OF THE CITY COUNCIL �`gkESYiOg� NO. e ft . . 1 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. A vegetative screen along Wear Circle shall be maintained to avoid future visual impacts as viewed from Wear Circle. 3. No access to Wear Circle shall be allowed for the proposed barn. 4. The height of the barn shall not exceed 30'. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (February 9, 2005). 6. Violation of or non-compliance 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. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 the 9th day of February 2004. ATTEST: iI/ // - ob,,eciLtex : „exa -/,..) Linda S. Vee, City Clerk Barbara A. Peterson,Mayor (1) ' 'N\ , 1, '— ''.\\0,.X OA ' .0--(:;' ,,t- .K3.,-wc.,-cl, Property Owner(s) Page 3 of 5 1,, °.4,.. 0 0 .\'v,„,,,,,4„0,- CITY of ORONO ti �` RESOLUTION OF THE CITY COUNCIL `4k'ESH0'- NO. ,51 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of I--4 .., 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. C, liett Notary Public rte"-/SY✓.]/.�!I'-i:�_ //;-:i'�1l� .:/.!J-tel✓' t ' ^ , ALISSA A.WINTERNHEIMER 1 '-,fig.. NOTARY PUBLIC-MINNESOTA ,,"6 My Commission Exp'.-e5 J_a.31,2006 r STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /3' 'day of u , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municip corporation and said instrument was executed on behalf of the City. c661A-60.4. 5,2„.. Notary Public ‘, d: -0 -, BARBARA G. SILOS 0 NOTARY PLICLIC-I.",:1.1"!:CCTA N tr,y Comnssicn E;:;i,-c3 --:. 2008 ✓J�i—rte-� _, ---,---------,..---=.-- Page 4 of 5 0 0 =:.A CITY of ORONO r 4 ' 6y �'' ., 34,11,y 0 RESOLUTION OF THE CITY COUNCIL ikzsK04 NO. State of Minnesota ) ) ss. County of Hennepin ) This instru ventas acknowledged before me this i ,.i day of I\' 6 �'c k ,2004 by<. 4�`v cv JC)`i+l'U'c- r\(:a single person. DOME � 1 -„ RACHEL DO ',?TA [ f' �y .(. G< j ;( L. (Q rt NOTARY PUBLIC NIIP.i `` pay Cc-omission Expirea Jo _,. Notary Public Page 5 Of 5 v` „n N N , N •4 .v '� Certificate of Survey for David G. Gutinond a C` 91,0' • • SL� in the SL•',, of the SW4 of Section 33-11ic-23 • QN • E �d PI0 :41 Hennepin County, Minnesota e -,. _ • • • ' • . ;i j — — .... .... -•. I hereby certify that this is a true and correct rcp- i ; 4 resentation of a survey of the West 225 feet of the 10 ,t 4/9 �Q East 6115 feet of the South 415.6 feet of the South- �,-� -•- - - us. east quarter of the Southwest quarter of Section 33, . T• ownship 118 North, Range 23 West of the 5th Principal(� • Meridian, and of the location of all buildings, if r.,:" • any, thereon. Tt does not purport to show any other ,-•., .•-- • improvements or encroachments. c' 91 • ov j^ • P�G a�i i (.01'1 1N & (;IIONDI.IIG, INC. ./ •.C.t'''./.-7/-:.• - !1'/.A-----e.... . ....... ( ''' t:' - . . ^ GordonCoffin Reg. No. 6061 £OSlneo/cIL,,Engineers and Land Surveyors °y oftJJa 0Se .33-118-z3 �' ' La • ' .................94.5' r. 4 Long lake, Minnesota Sf .'{ Er. i • •.a hov,ioi �j do;l�'.4 Scale: 1 inch = 61) feet 1 plo-. art Date : February 111, 1985 )-it-BS ,r.,../b a.ra -(t . • Scpfic lank . r H 0 . Iron marker { 41 /1] - • 8i Soufh /inc of SO4 of m 0 • p • 5WY4 af5cc.33-118.13 ►n n, 1ZS.00' ., .. • Wolter'h2�n Read • In