Loading...
HomeMy WebLinkAboutRes 2854 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2854 ORONO A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3(A) FILE #1568 WHEREAS , James and Judith Pierpont (hereinafter "the applicants") are the owners of the property located at 1801 West Farm Road within the City of Orono (hereinafter "City") and legally described as follows: Review Exhibit A Attached (hereinafter "property" ) ; and WHEREAS, per Section 10.28, Subdivision 3 (A), the applicant has made application to the City of Orono to permit the conversion of a detached stable and garage into a guest house that will be located 1'6" from the north side lot line instead of the required 30'and that said structure will be located 49' from the street lot line instead of the required 50' and that said structure will be located 58' from the existing principal structure instead of the required 60'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1568. 2. The property is located in the LR-1A Lakeshore Residential Zoning District requiring 2 dry contiguous acres in area for each residential unit. 4. The property is approximately 5+ dry contiguous acres in area. 5. The Orono Planning Commission reviewed this application on July 16, 1990, and recommended approval of the conditional use permit and variances as proposed based on the following findings: a. The property consists of 5+ acres in area. b. The property owner to the immediate north that receives the most visual impact from the intensification of the structure has submitted written approval of the project. Page 1 of 5 A City of ORONO circ RESOLUTION OF THE CITY COUNCIL OF NO. 2854 ORONO The property owner's house is located 150+' further east of the subject structure. c. The existing structures and foundations are in good condition and will be able to sustain the proposed renovations and improvements for residential habitation. d. There is adequate and suitable area for on-site septic development to support the second residential unit with one bedroom. 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 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 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. 6. The City Council finds that granting a conditional use permit to allow the conversion of the stable into a guest house unit 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 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and variances to Municipal Zoning Code Section 10.28, Subdivision 3 (A), subject to the following conditions: 1. Applicant shall make payment of an additional $50.00 for the variance portion of the land use application. Page 2 of 5 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2854 ORONO 2. The applicants have agreed to legally combine Lot 14, Block 1, The Farm at Long Lake with the adjacent homestead property by February 28, 1991. Applicants are hereby advised that if the legal combination is not realized by the specified deadline date, all residential use of the subject structure shall cease immediately and applicants shall be required to make the necessary alterations to the guest house structure so that it may no longer be used for habitation. Applicants shall obtain the required building permit to complete the required alterations. 3. Upon application for a building permit, the applicant shall provide the necessary septic testing and documentation to confirm suitable area for on-site sewage treatment facilities for both principal and guest house structures. This shall include evidence of suitable area for alternate on-site sewage treatment facilities. Applicant is placed on notice that at some future date if Lot 14, Block 1, The Farm at Long Lake, is to be divided from the homestead property, the guest house structure must be converted to an approved accessory structure that does not contain an independent dwelling unit. 4. All portions of improved structure located less than 5' from north side lot line shall meet all pertinent fire code standards. 5 . 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 (August 13, 1991). 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 himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 , . _ . • A City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 7$54 ORONO Adopted by the Orono City Council on this 13th day of Aug st, 1990 . ATT:ST: \ ,", /� :1 i _ //, i/ Dorothy ii Hallin, City Clerk Jame • . Grabek, r' 42111:ITTP,A---- ( 7.e...ae;tC*----- 'C4.'017-- Prop 0 Owners ) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of August, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ) / THERESA LNAAB i ' NOTARY PUBLC - MINNESOTA A.C.--CC<2- 1h_ • /7(a__-(/---- .,„No HENNEPIN COUNTY NOTARY PUBLIC MY commiss on expirav 9-8-92 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this Id- fr‘Nday of -S -(21%&,,-,,--6.-Q-'1 , 199 0 before me a Notary Public within and for said county, personally appeared .7-,y,...0.---) c�,._.S (c __ 2-� �'L 47.6,Z* known to me to be t person(s) des ibed in and w o executed the foregoing instrume t, and acknowledged that he (they) executed the same as his (their) free act and deed. ,wvww`^" ;'`".:,,,. }L"' ' ;L °STA NOT PUBLIC 5!' t;;4,rg;Oct.27,199�J :iy Curtrt:; '� a Page 4 of 5 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2854 ORONO STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this 1 )- 14" day of y , 1990 , before me a Notary Public within and for said County , personally appeared c_ /2 ,,Q� P -",4 known to me to be the p rson ( s ) desribed in anddwho executed the foregoing instrume , and acknowledged that he (they) executed the same as his (their) free act and deed. ,til\nnn,�,✓vLvvv-v.vi.v: vvVvwV‘MNtina NOTA UBLIC :,-,UciDm ss;on c;cires Oct 27, 1990 Page 5 of 5 City of ORONO • CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2854 ORONO • • • L EXHIBIT A J.1?OAL DESCRTPTIQH Lot 15 , Block 1 , THE FARM AT LONG LAKE, ALSO That part of Lot 16, Block 1 , THE FARM AT LONG LAKE, according to the re- corded plat thereof on file and of record in the office of the County Re- corder, Hennepin County, Minnesota, lying southerly of the north 104 .72 feet and northerly of the following described line : Commencing at the southwest corner of said Lot 16, thence North 02 degrees 12 minutes 03 seconds East, assumed bearing , along the West line of said Lot 16, 101 .24 feet to the point of beginning; thence South 87 degrees 47 minutes 57 seconds East , 277 . 16 feet ; • thence North 84 degrees 53 minutes 26 seconds East , 4134.32 fuut to a point on the northeasterly line of said Lc)t. 16, distant 35:) . 57 feet southeasterly of the northeast . orner of .said Lot 16 and there terminating. I hereby certify that this survey was prepared by my or under my direct : u-- pervision and that I am a duly Registered 1,atid Surveyor under the laws of the State of Minneosta.