HomeMy WebLinkAboutResolution 7134 LAND TYPE Abstract (A)
DOC NUM 10890099
Certified, filed and/or recorded on
Dec 22, 2020 1:56 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 161 Pkg ID 2136861E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
l l 100
LAND TYPE Abstract (A)
DOC NUM 10891188
Certified, filed and/or recorded on
Dec 28, 2020 8:16 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 104 Pkg ID 2138698E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
-OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7134
t4A-EsH0st
A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT
PURSUANT TO
MUNICIPAL ZONING CODE
SECTION 78-418
FILE NO. LA20-000059
WHEREAS, on August 20, 2020, on behalf of the Owners, Casey Webber and
Sydney Anderson, Hendel Homes (hereinafter the "Applicant"), applied for a conditional use permit
from the City Code for the property addressed 1775 Fox Street and legally described as:
Lot 3, Block 1, Fox Island, Hennepin County, Minnesota (hereinafter the
"Property");
WHEREAS, the Applicants have made application to the City of Orono for a
conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to allow a full
bathroom including shower or bathtub within an accessory pool building; and
WHEREAS, on October 19, 2020, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, on October 19, 2020, the Planning Commission recommended
approval of the conditional use permit; and
WHEREAS, on November 9, 2020, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested conditional use permit as described above based on one or more
of the following findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #LA20-000059. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
above mentioned meetings, and any and all other materials distributed at these meetings
are hereby incorporated by reference.
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-8L-OA/-p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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2. The Property is located in the RR-1 B One Family Residential Zoning District.
3. The Property contains 2.16 acres in area.
4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5. Applicant has applied for the following:
a. Conditional Use Permit for Plumbing within an Accessory Building.
6. In considering this application for conditional use permit, the Council has considered the
advice and recommendation of the Planning Commission and the effect of the proposed
application upon the health, safety and welfare of the community, existing and anticipated
traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on
values of property in the surrounding area.
CONDITIONAL USE PERMIT ANALYSIS:
On the basis of the application and the evidence submitted, the city must find that the
proposed use at the proposed location is or will be:
1) Consistent with the community management plan; The proposed use is residential in
nature and residential use is consistent with the CMP guiding for this neighborhood.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed accessory building
improvement including the plumbing fixtures are compliant with the zoning ordinance.
3) Adequately served by police, fire, roads, and stormwater management; The proposed
use will be adequately served by existing services and facilities.
4) Provided with an adequate water supply and sewage disposal system; The property
is served by a private septic system and private well. This criterion is met.
5) Not expected to generate excessive demand for public services at public cost; This
criterion is met.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed pool house building is residential in
character and its use is expected to be compatible with the surrounding area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; The pool building including
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-siLONp CITY OF713ORONO4
RESOLUTION OF THE CITY COUNCIL
A
NO.
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plumbing is residential in visual character and is expected to be compatible with the
house on the property and the surrounding area.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
The architectural styling of the proposed pool building is expected to be residential-
looking in character and consistent with that of the principal structure on the Property.
9) Not expected to substantially impair the use and enjoyment of the property in the area
or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; The use of the
pool house building which includes plumbing is not expected to have any adverse
impacts. No information has been presented to indicate such.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; The pool house building will be situated in a
conforming location and will not be significantly visible when viewed from off the
Property on the street side, and the views from the neighbors will be screened by
existing vegetation and the physical separation. In the opinion of staff, additional
screening or buffering is not necessary.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; The proposed
pool house building with plumbing is not expected to cause any of these undesirable
impacts.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; It is anticipated that the proposed building will not generate any of
these undesirable issues.
13) Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; The proposed building has been visually designed
to conform to the residence on the property, and will not have a negative
environmental impact.
14)All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; Applicants are hereby
advised of this requirement; and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7 1 3 4
&ESHO
15) Not detrimental to the public health, public safety, or general welfare. This criterion is
met.
A conditional use permit may be granted subject to such conditions as the Council may
prescribe. Further approval shall be granted only when the following criteria are met:
1. The proposed use of the accessory building with a shower will not be detrimental to
the residential character of the neighborhood.
2. The plumbing fixtures proposed are in keeping with the applicants' intended use of the
accessory building.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 to allow
plumbing including a bathtub and/or shower subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated December 6, 2019 and updated
on September 21, 2020 and building plans submitted by the Applicants and annotated by
City staff, attached to this Resolution as Exhibits A & B.
3. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
4. Authorities granted by this resolution run with the Property not with the Applicants, but are
permissive only and must be exercised by obtaining a building permit for the new
construction and commencing construction of said project. A framing inspection must be
completed within one year of the date of Council approval, or the variance will expire on
that date (November 9, 2021).
5. The Owners hereby agree to this covenant providing that the accessory building will not
be:
a. Used for a home occupation unless specifically approved by the city or if
allowed by this Code.
b. Used as a dwelling unless a guest house conditional use permit is obtained.
c. Rented, leased or otherwise provided for use as a dwelling under any
circumstances.
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Q01Vp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 71 34
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6. Additionally, the conditional use permit shall remain in effect as long as the conditions
imposed by the City Council are observed, but nothing in this section shall prevent the
city from enacting or amending official controls to change the status of conditional
uses.
7. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein.
ADOPTED by the Orono City Council on this 9th day of November, 2020.
ATTEST: CITY OF ORONO:
&Zki'YA_ i .1 ugozeal .
Anna Carlson, City Clerk Dennis Walsh, Mayor
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isZoli.AiCITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ye NO. 7 1 3 4
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Property Owner Property Ow.-
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 13 day of NO JUfl r, nap, by
of rl']S Foy(St
ACitiel2kri'St' VNO I-c✓
114C4.449°41111114;ej
Notary Public
ALICIA A JOHNSON
NOTARY PUBLIC-MINNESOTA
;1..; .; MY COMMISSION EXPIRES 01/31/25
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