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Home My WebLink AboutRes 7171 II II II 11 1111 1 1 1 111 1 11 11 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. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� NO. 7171 _. l�kESH0V't 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. 1 v,OAp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7171 C tIkESH0O" 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. gOAi0 CITY OF ORONO RESOLUTION OF THE C Y COUNCIL ---'$. NO. + 1 1 e c> t'lkf5 H 0v-0 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 p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tc NO. 7171 kESHO 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 ..aka_iik.Dip CITY OF ORONO RESOLUTION OF THE CITY COUNCIL I sF NO. ? 1 7 ? 'TA - ADOPTED by the Orono City Council on this 8th day of March, 2021. ATTEST: CITY OF ORONO: (2197a___/..1 --- r 1 VA ' Anna Carlson, City Clerk Dennis Walsh, Mayor 5 -Opi\JIllL CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� 4. NO. 7171 t-f'ESHOV't i • , )Tr vis-fAR David L. Wohlwend, Trustee STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this lel day of %.k.,(L , 20W , by David L. Wohlwend, the Trustee of David L. Wohlwend Revocable Trust under agreement dated August 18, 2011, as amended. ate, uF cues:;,... . l'., .:i'_2 ANDREA LEE HENTGES �,: . s, �l ry`: NOTARY PUBLIC-MINNESOTA �:;,y+°:y My.Commission Expires Jan.31,2023 1/4181(21" Sc."-_,..--- ....- ./✓r.F//./✓y✓,!✓l/IlIIJ%' otary Public C M--= E. Wohlwend, Tr the STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this lo� day of N..w.vl.�. , 20oJ , by Megan E. Wohlwend, Trustee of Megan E. Wohlwend Revocable Trust under agreement dated August 18, 2011, as amended. r �-�::� .` Ai1Ji�EA LEE l IEtdTGES ilk,NOT,4r:YPUBI_!C M{NNESOTA ` �a' 9ubIic &lbitl.. `+- 4..: ` it!y Commisson Expires Jan.31,2023 6 4 •Qi „ARM. i 1 Resolution No. 7171 I? Exhibit A 01 PLA1.41 Ra 1 I A 1 1I I rL koriailli :,4 1■3.■`.:• •4:4 iliqigigiei WiPlihihi 01,1.M Oilkibihill 1. r14141 *0011.41141014: . = _ m Qi pa-.as•aNaba '•!ti!••li:: it . < JO! D!L( ::ilii 71'' y //I• D : I. zJ- Ng ■41;! j' iNv W.■ :::I fltiPhilitg �� µ�N' t t t n«r. W-41,; an. I ll I 11i I I I 1;1;\I - - 11 ih Oilligiligi :tip, • 4:1.r. - /HIP' Swftisft Wit 41- _ >11 .eie _ !p- !.orn! 2 . E ,,.--..!!!r:;::: 0R40I1110 DEKRIPTICN UJOHLUJEND RESIDENCE s J ART• 7021 R88q`' _ s E,Ci II40 PINEVIEW DRmax«arx.Leva.a.e - 9y�� j�ORONO.MN PER'1I7 SE7 ,.'i D) 7- t "" Resolution No. 7171 s �$ Exhibit A 4 '• V*NO.�� `~4 a1J•IMVil 1A i 9 96 T ._ . 410 v f � 4 4 4a . I 15r • • M s 'r 't - — a K . • a F T \ ti oL'a' T i S 9 F 6 3 S 4 1 4. Y it �..,. sa' n.o rr rw IA. Ile _ r arr ( II4UI ! - --- II i IJ I a Ng 41:igilo 1 F I fi s t i tlr, 4 1 e.\ ,,,,,.% ' 3. ng a I a rJyr V� y li o ra.. ill..ovr .J , i i ,(....„..,...---;,....:4:—.d — ...w• P 1* > a f—` roH• a c.m , 1T0 0 3 •1 e 141 PINE , 8 1 if,t 1R9 1 jJR4WING NM.DESPL. "i,E,, r y EI'''') HLWEND RESIDENCE ..d s uNuaRi aozl . N UJO1150 PINE VIEW DR nQvrweree�ngna '' A _ - �ertsE, ORGNO MN ir'.. q € � 4 € € � a ,, Resolution No. 7171 t 11 tl i i�= ( Exhibit A Pirgi Ilx ii !II Iiili Ila gi!1 1 lil i e a Oh i! R b .ice6.1. l~ :iiiitigii 1 *4 !4,: • r •••a i ir� i i h r- r r cleititolP- 41! 4! : '=r• A. 0 a o �� qR pppp • aj il aillol 1I S ,_,r . — 9 ir j 1 sr i IWW:::t 2Iiiirl fil 1-0.„,r •r $9 B pE €g a �I1!HI ea i ( - - „ ! i rr 'o rr, 4 i ill F • • t 2 T-1 N• S ;dig MM 1R IP 111. ::e:a; l6 M y .. 1 n 9 f--f i1 i::p::i_':% d. Or a ri Ye DR-1,l:YC DESCR!PION 'w.c.g; ew wiv, UIOHLUIEND RESIDENCE �� 5 J4NUAR1 7071 = e ` 1150 PINEVIEW DR 4o Rx+K.nPREVIOUS' yaw' 4 k7 W EF"?,-.Et ORONO MN misi STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing Declaration of Restrictive Covenant adopted at the meeting of the Orono City Council on March 8, 2021 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 18th day of March, 2021. of Anna Carlson, City Clerk (seal) ,+ ._ --_.. ..,-.t.',' �'