HomeMy WebLinkAboutResolution 7171 LAND TYPE Abstract (A)
DOC NUM 10935920
Certified, filed and/or recorded on
Mar 24, 2021 9:25 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 145 Pkg ID 2202621E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
p CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
ti* 4' NO. 71 7 1
G
e4kES HO
A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT
PURSUANT TO MUNICIPAL ZONING CODE
SECTION 78-418(6)
FILE NO. LA21-000004
WHEREAS, on January 7, 2021, David Wohlwend (hereinafter the "Applicant") on
behalf of the David L. Wohlwend Revocable Trust under agreement dated August 18, 2011, as
amended, and the Megan E. Wohlwend Revocable Trust under agreement dated August 18,
2011, as amended (hereinafter collectively the "Owner"), applied for a conditional use permit
pursuant to City Code for the property addressed 1150 Pine View Drive and legally described as:
Lot 3, Block 1, Pine View, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a
conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418)6)to allow a full
bathroom including a shower or bathtub within an accessory building pool house; and
WHEREAS, on February 16, 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 February 16, 2021, the Planning Commission recommended
approval of the conditional use permit; and
WHEREAS, on March 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 #LA21-000004. 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.
BOAT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�� NO.
7171
G
`.kESHO
2. The Property is located in the RR-1 B Single Family Rural Residential Zoning District.
3. Applicant has applied for a Conditional Use Permit for Plumbing in an Accessory Building
4. 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
conditional use permit 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.
ANALYSIS:
The city finds 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
plumbing is residential in visual character and is expected to be compatible with the
house on the property and the surrounding area.
2
gO�p CITY OF ORONO
RESOLUTION OF THE C Yry
COUNCIL
NO. 71 I
`�kESH 000
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 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
15) Not detrimental to the public health, public safety, or general welfare. This criterion is
met.
3
�pNp CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y NO. 717 1
F G
`4kESHO
16)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.
17)The council finds that 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(6) to allow
plumbing including a bathtub or shower within an accessory building pool house, subject to the
following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the plans submitted by the Applicant and annotated
by City staff, attached to this Resolution as Exhibit A.
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 building permit must be
obtained within one year of the date of Council approval, or the approvals will expire on
that date (March 8, 2022).
5. The property owners agree to the filing of a covenant in the title of the Property 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.
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
CITY OF ORONO
RESOLUTION OF THE CIITY COUNCIL
y*5/14
G� NO. 7 1 1 '
,A-ESH00"
ADOPTED by the Orono City Council on this 8th day of March, 2021.
ATTEST: CITY OF ORONO:
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I VA
Anna Carlson, City Clerk Dennis Walsh, Mayor
5
lijiv14CITY OF ORONO
GRESOLUTION OF THE CITY COUNCIL
�� NO. 7171
`�''ESHOv-t
C) (C2 )"Tr vi 54-4.-R
avid L. Wohlwend, Trustee
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this1ot day of kjtx1 k , 20 1 , by
David L. Wohlwend, the Trustee of David L. Wohlwend Revocable Trust under agreement dated
August 18, 2011, as amended.
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l `4 T s'4 ANDREA LEE HENTGES i
:- ‘' . NOTARY PUBLIC-MINNESOTA LQ
•••: .;.i,,%;09'`My Commission Expires Jan.31,2023 if't�
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M E. Wohlwend, Tr tee
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this j day of N:ll.1'lk. , 200iJ , by
Megan E. Wohlwend, Trustee of Megan E. Wohlwend Revocable Trust under agreement dated
August 18, 2011, as amended.
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s
T ANDREA LEE HENTGESc\Absso-
NOTARY PUBLIC-MINNESOTA otary Public
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