HomeMy WebLinkAboutResolution 7163 111111111 1 11 11 1111 II II
LAND TYPE Torrens (T)
DOC NUM 5807756
Certified, filed and/or recorded on
Mar 1, 2021 8:40 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 102 Pkg ID 2183832E
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1509534
This cover sheet is now a permanent part of the recorded document.
BOAT CITY O71
F ORONO6
RESOLUTION OF THE CIT COUNCIL
NO.
tioCtfr)kESHG9-1"
A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT FROM
MUNICIPAL ZONING CODE
SECTION 78-418
FILE NO. LA20-000076
WHEREAS, on December 16, 2020, Christopher Moe and Ashley Moe
("Applicants"), applied for a conditional use permit from the City Code for the property addressed
2425 Thoroughbred Lane and legally described as:
Lot 1, Block 2, Old Crystal Bay Road Second Addition (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 January 19, 2021, 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 January 19, 2021, the Planning Commission recommended
approval of the conditional use permit; and
WHEREAS, on February 8, 2021 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 # LA20-000076. 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.
2. The Property is located in the RR-1B Zoning District.
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*iv-14CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
tiNO. 71 63
kEsHO
3. The Property contains 2.71 acres in area and has a defined lot width of 259 feet.
4. The Property is exempt from 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 Community Management Plan 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 septic and well.
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 accessory building with a garage and entertaining
space 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 accessory building including plumbing is
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BOAT CITY O7F 1ORONOb3
RESOLUTION OF THE CITY COUNCIL
y � NO.
es G•
`4&ESHO
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 accessory 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 accessory building with
entertaining space 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 accessory building will be situated in a conforming
location. Screening is not appropriate.
11) Not create a nuisance which generates smoke, noise,glare,vibration, odors,fumes, dust,
electrical interference,general unsightliness, or other means; The proposed accessory
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
15) Not detrimental to the public health, public safety, or general welfare.This criterion is met.
A CUP 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 council finds that the proposed use of the accessory building with a shower will not be
detrimental to the residential character of the neighborhood.
2. The council finds that the plumbing fixtures proposed are in keeping with the applicants'
intended use of the accessory building.
3. The accessory building is conforming in location,size and height.
4. The property owner agrees to the filing of a covenant in the title of the property providing
that the accessory building will not be:
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-OAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
yF G; NO. 7163
`4kESHO0'
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.
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. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review.
3. The conditional use permit granted by this resolution runs 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
conditional use permit will expire on that date (February 8, 2022).
4. 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.
5. 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.
6. 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.
4
sLO.Atp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7163
-IkESHO
ADOPTED by the Orono City Council on this 8 day of February, 2021.
ATT ST: CITY OF ORONO:
XA-t-2:40
Anna Carlson, City Clerk Dennis Walsh, Mayor
-.
Property Owner Pros-rty Owner
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this I`7 day of FCoru.a.�r�, 20 a-1 , by
Ch , _k of �4F ,S `11-►0412113 h 1-4th. ,, ! w .
Mov E.
Notary Public
ALICIA A JOHNSON
NOTARY PUBLIC-MINNESOTA
gal MY COMMISSION EXPIRES 01/31/25
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