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Home My WebLink About#3567 - Subdivision-1995 � �� '�� ,///�` O ��\ y— � � \\ ,�� o�� o� oRoNo � CI � e ,,, � �,, �'��./'� � f�ti� '� RESOLU ION OF THE CITY COUNCIL ��\` �." V// Q � i'^�� A ��kESH�� p, v �� , , A RESOLUTION G �G VARI_AI\TCES TO SECTION 10.27, S rBDTVISiO\T � (A & B) �\TD A COi�1DITIONAL US PERi'�7IT PE]E� SECTION 10.27, SLTBD SION 3 (A) FII,E NO. 201 ��HEREAS, Mark J. Hanington and Monica M. Harrinaton (hereinafter the "applicants") are the owners of the propem located a 4080 Bayside and legally described as: Lot 1, Block 1, Popov Addition, Hennep' Counry, Minnesota (hereinafter the ��property"); and ��HEREAS, the applicants have made pplication to the City of Orono to pez�nit construction of a 35'x44' 2'/z' story addition propose at a 32'6" height where the code wou!d allow 3G' to be placed 64'9" from the street lot line wh re the code would require a 100' setback and where tiie existing structure is located 50'. P r Section 10.27, Subdivision 3 (A) the applicants have also made application for a condition I use permit to permit a guest apartment within the upper level of the addition. 1�OW, THEREFORE, BE IT RES LVED by tne City Council of Orono, Minnesata: FINDINGS l. This appli�ation was reviewed as Zo ' � File n2015. 2. The property is located in the RR-lA R ral Residential Zoning District requiring :ive acres ir. a:ea. The subject prope consists of 5+ acres. 3. The Orono Planning Commission revie ved this application on May 15, 199� and recoinmended approval of the varianc s to Section 10.27, Subdivisior.s 5 (� & B) as pr000sed and a conditional use p rmit per Section 10.27, Subdivision 3 (A) tnat would allow a �uest house apa ent within the upper level of the ne�� adc�ition. The street setback and hei ht variances were aranted based on the fo1_lowina unique findings and hardshi s: Paae 1 of � � � °��, � � � _ ��`;`� ORONO i �4' I CITY of "�, � J� � � �� RESOLUTION OF THE CITY COUNCIL ��kESH�� NO. 3 '��' � `� A. The subject property meets the minimum� acre requirement of the RR-lA zoning district. B. The existing residence is located 50' from the street lot line and an addition could not be attached to the structure that would also meet the required 100' setback. C. The addition is located on the only feasible buildin� pad as lot slopes steeply to the north and the east and is heavily wooded with mature trees. D. The present house was built in 1947 prior to current 5 acre zoning standards established in 1975. E. The existing detached two stall garage does not meet the needs of the applicants' growing family and there is a desire to have an attached garage with a family of young children. F. The present detached garage will be removed and the existin� driveway restored to natural ground cover. G. It is necessary to fill 3'/z' beneath garaae floor in order to create positive drainage away from structure. H. The height definition requires that the �-ertical height be determined at the existin� elevation at the south side of aarage. I. The applicants propose a vaulted ceilina at the upper level. This type of desian also has an impact on the heiQht determination. J, The mature oak and spruce trees will buffer the peak of the roof from the roadway and adjacent properties. 4. All standards of the guest apartment section of the code, [Section 10.27, Subdivision 3 (A)] have been satisfactorily mzt with applicants' proposal. Page 2 of 5 � �� '` f ORONO �a �� CIT o .� �; ti �',� G'ti RESOLU ION OF THE CITY COUNCIL �' O. � :=, `� 9kESH�4 _ 5. The City Council finds that the conditi ns existing on this property are peculiar to it and do not apply �enerally to o er properry in this zoning district; that aranting the variance would not advers ly affect traffic conditions, liQht, air nor pose a fire hazard or other dan�er to ighboring properties; would not merely serve as a convenience to the app 'cant, but is necessary to alleviate a demonstrable hardship or difficulry; is n cessary to preserve a substantial property right of the applicants; and would be � keeping with the spirit and intent of the Zonin� Code and Comprehensive Plan of the City. 6. The City Council finds that �ranting conditional use permit to allow a guest apartment will not be detrimental to th health, safery or general welfare of the public, would not adversely affect liaht air nor pose a fire hazard or other danger to neighboring properties, nor will its u e depreciate surrounding property values and that the proposed level of use of he property will be in keeping with the intent and objectives of the Zoning Co e and Comprehensive Plan of the City. CONCLUSIONS, ORDER A� CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby arants variances to Municipal Zonin� Code Section 10.27, Subdivision 5 (A & B) and per Section 10.27, Subdivision 3 (A) grants a conditiona use permit for a guest apartment subject to the following conditions: 1. Existina septic system is to be upgrad d from a three bedroom to five bedroom mound system prior to occupancy of ew addition. 2. The apartment may never be used for r ntal purposes but shall serve members of applicants' family, domestic employee or nonpaying guests. ;. Utilities to addition shall continue to e metered through the utilities or meter serving principal residence. 4. A separate address shall not be assiane for the occupants of the guest apartment. 5. Applicants have agreed to remove the detached garage no later than January 1, 1996. The existin� driveway area sh 11 be restored to natural ground cover by June 1, 1996. Page 3 of � °��„ O � O��,� � - �� CITY of ORONO b �� t, �� G'�/� � RESOLUTION OF THE CITY COUNCIL �9kESH��4' NO. c`3 f`� � `�� 6. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 12, 1996). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of June, 1995. A ST: � � Dorothy M. allin, City Clerk Edward J. Ca ahan, Jr., Mayor �✓L1�✓��-- �1i, ,�i��,� . �(f,�,/ ', �� r ' � Property Ow�er(s) ' � Page 4 of 5 � ,�%��\ , o � o';��, ,� - CIT of ORONO � '"'' ti-; ,� G'�ii RESOLU ION OF THE CITY COUNCIL �9kESH�4� / O. 3 � �� '� — STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foreQoing instrument was acknowl ged before me on this 12th day of June, 199�, by Edward J. Callahan, Jr. and Dorothy M. Ha lin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said i trument was executed on behalf of the Ciry. o �/ _ �; , ;;•. LINDA S.VEE .,��,�_/�c.� � �/x�� NOTARYPUBLIC-��11NNESOTA NO ry public � �Y '� � HENNEPIN COUNTY "�,...••` My Canmission Fxpires Jan.31,2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��'`� day of !�i��r_e , 199 �5 , before me a Notary Public within and for said County,person�lly appeared 77?a� � • �Ha�.�-� � /%�rn'u-c�- ��• f''""jL"��'�„', known to me to be the person(s) described in and wh� executed e foregoing instrument, and�� aclrnowled�ed that he (they) executed the same as his (their) free act and deed. LtNDA S.VEE � � / NOTARYPUBLIGtd�NNESOTA ' ��""� '�J `/�� •�; HENNEPIN COUNTY No ary Public My Commission Ezpires Jan.31,2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County,personally appeared l:nown to me to be the person(s) described in and wh executed the foreQoinQ instrument, and acknowled�ed that he (they) executed the same as his (their) free act and deed. ; No ry Public Page 5 of �