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HomeMy WebLinkAboutResolution 7184 • r r 11 in IN 11 11 1 1 LAND TYPE Abstract (A) DOC NUM 10949851 Certified, filed and/or recorded on Apr 21, 2021 8:52 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 170 Pkg ID 2222026E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. -WAT CITY OF ORONO RESOLUTION OF THE1CITYQACOUNCIL y : NO. 7 1 8 4 e, G t'1kESHO�0 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 & 78-418 FILE NO. LA21-000018 WHEREAS, on February 10, 2021, Glenn Solie and Nancy Solie, a married couple, (hereinafter the "Applicants"), applied for a conditional use permit pursuant to the City Code for the property addressed 3500 Bayside Road and legally described as: Lots 24 and 25, Auditor's Subdivision Number 203 The legal description as surveyed is as follows: The East 165.23 feet of the West 808.66 feet of that part of the Northeast Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian which lies northerly of the northerly right-of-way line of Bayside Road and southerly of the northerly 1649.89 feet of said Northeast Quarter; ALSO, that part of the East 165.23 feet of the West 808.66 feet of said Northeast Quarter which lies southerly of the southerly right-of-way line of Bayside Road and northerly of Lake Minnetonka. NOTE: Because of the lack of dimensions on the plat of Auditor's Subdivision No.203, and because the underlying legal descriptions are not specific to direction, the above legal description shows what the owner possibly owns. Three different abstracts were examined without a clear solution to the problem. Therefore, some type of judicial proceedings may be required to firmly establish boundaries, (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(6) to allow plumbing which includes a shower or bathtub in an accessory building; and WHEREAS, on March 15, 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 March 15, 2021,the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on April 12, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 %ON/ CITY OF ORONO RESOLUTION OFTHECITY COUNCIL NO. 1 1 " 4 NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby[approves/denies] 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 #LA21-000018. 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 LR-1A Single Family Lakeshore Zoning District. 3. The Property contains 2.17 acres in area and has a defined lot width of 167 feet. 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 a conditional use permit for plumbing an oversized accessory building ("OAB"). An OAB covenant has already been provided by the applicants. 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 use 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: The City Council may grant a Conditional Use Permit provided 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. 2 -cLpArp CITY OF ORONO 111011LC:e RESOLUTION OF THE CITY COUNCIL NO. 71 84 -/kESHO0' 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 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 garage including 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 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 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 garage 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. 3 icLOATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A NO. 7184 t G `"IkESHO 11)Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed 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 property owner agrees to the filing of a covenant in the title of the property regarding the limitations on the use. Additionally, a 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. 4 - Ap CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ",'s. NO. 71 84 4KESBOO' 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 Sections 78-418 and 78-916 to allow plumbing which includes a shower or bathtub within an OAB, subject to the following conditions: 1 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 11-12-2020 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. The undersigned Owners hereby 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. 5. 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 (April 12, 2022). 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. 5 ‘VOIVp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 84 I'kESHps2"O ADOPTED by the Orono City Council on this 12th day of April 2021. ATTEST: CITY OF ORONO: DjuirjoiAnna Carlson, City Clerk Dennis Walsh, Mayor 6 q-OJV CITY OF ORONO RESOLUTION OFTHEE CIITY COUNCIL y� C. NO. l' [ 8 4 e,kESG HO0" z)-&__ 4 g"-- - Glenn Solie, Fee Over Al 4 1 L&/ Nancy Solie, Fee Owner STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this I3f`' day of A-#9ri l , 2021, by Glenn Solie, husband of Nancy Solie. /. - / ,4/ Notary Public `. , ALICIA A JOHNSON 4 A NOTARY PUBLIC-MINNESOTA o'1 I MY COMMISSION EXPIRES 01/31/25 STATE OF MINNESOTA ) .. )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /-3t6 day of Aril I , 2021, by Nancy Solie, wife of Glenn Solie. r • Notary Public #311 ..41 7 " `' ALICIA A JOHNSON ,,,,,4;' NOTARY PUBLIC-MINNESOTA - `'''f'.• MY COMMISSION EXPIRES 01/31/25 1 CERTIFICATE OF SURVEY FOR ? 1 8 ,4 s GLENN SOLIE I WaTM"K«%� — ?� OF LOTS 24 AND 25, AUD. SUB. NO. 203 "�'"'-" Exhibithol A. HENNEPIN COUNTY, MINNESOTA I OT 35 I LOT 34 . . A .._-4 i i LA21-000018 a LOT 33 LOT 34 I RV 1.,.--1,19.1-"r-2, I ." .-N 89°56'42" E � 1185.24--� w .40" •s a = : o° ,Y_ .- I !- y65 's 09'20'06'E 16324 _.�:a / ,AWOL,.USALkjtatreinte /' I r 165.2}. \ Z 1f —enfrt..__ tk g '8 % „,.._ 1 . -cAFACE _ 7, O —— t- L-= �Ay� rc ,A__ 615 4}= 4 1 ) 1/1 I ) Il t " —,'---1 ,o ,--1- - a4 xk f �- a', f y u-•y+��o+ 140,050.04. ILK ....3 _- � y -" 6' a / !- ; _ • a v LE. e> b � Y : ^ ne o ^0 6 — 120 /' I _^ \S,,. E%1HOUSE , y.M.rrW 1 .,... / .i • 41 'Zi"peon(1 -Ith' SCALE IN FEET \yl I 1 h efli-may{'J,flo r-' lPn 1 ..,,,,,k0,...:'•./.4665 y1V {, VW non I b't— {u., LEGAL DESCRIPTION OF PREMISES 1 I I. L'4pjV . 1� Lots 24 and 25.Auditor's Subdivision Number 203 _ '1 1"° ti The lege-description as surveyed is as'alas.: i v se,e The East 16525 feel of the West 80666 feel of trot port of the Northeast Ouvter Il 1 Section 5,Township 117 North.Range 23 West of the 5th Pr maps Meridian which _. has northerly of the northerly right y line of Bayside Rood and southerly of nre h\ rvpww4 _ the northerly 1649.89 feet of d Northeast Ouster,A_50,tent pal 1 the East ''' Y sew? 2 y'`' 16523 feet of the West 80866 feel of sold Northeast°Porter which Fes eculherly - of the southerly right-of-way ins of Bayside Road aid northerly of Lon M'anitonko. `�-eerw.'r 0�a"�'n_ _ -'sje NOTE'cause t of the lack of l deems m the pot ep Auditor's Sbdivn,th No above '� and bd.0UP the howlunderlying Mao own,tionepossibly .Three to direrent son the above i �I \ �" legal description vacs wort the Oto t problem. .The Three so different a0 of w«0 3� I;'� "-R: *J'' +", ° f examined without a clear solution to the peobkm lnereloe some type of p cid $pA6W ) \ proceedings may be required to firnly establish bandaies i A. 4---r--'''',---.,.' - ''', 1` .%.3-..,,,,,.. ` V i C i:u iw Pur a: denote: ran mak«rand 4�� `.�„ g A. p �-, � •. denotes,:Awa Lwmmark found AYs Dg kQ±fp 0C�„,e.p.�� r II (9063): denotes existing spot elevation.mem sea level aotum ve _ DnRy nW if �vp4t*c _ _:_. 1910.6 denotes proposed spot Nrmtion,mean sec evN datum .(O7s 4--. - - -- 917---: denotes existing centaur Fre,mean sea Noel datum �.�,� '��--y - denotes Proposed contour ens.meal sea leve datum LAKE ~: ___--=-- -r : denotes existing tree to be removed `_\-- Bearings.hewn ore barged upon an assumed datum. MINNETONKA '\ 25 This survey ineencs to show the boundaries of the above described property.and the s,o-a, location of an existing house.Rat ekv0timdi s.topography.and visible"hardcover", IONand tie proposed location of proposed addition,driveway and grads,thereon. urn.It rwswlN� • does notpurport to Wow any other improvements or encroachments. 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