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Home My WebLink About#4363 - CUP i�� _ �� 0�\ O O \ �,. - ,� CITY of ORONO � �, lJ RESOLUTION OF THE CITY COUNCIL '�',� G~ � t, - �, 9kESH�4� N0. ._, �-, .� � A RESOLUTION GRAI�ITING A CONDITIONAL USE PERirIIT PER MUNICIPAL ZOivIi�1G CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #2521 WHEREAS, Joseph J. Haus, (hereinafter "the applicant") is the owner of the prope:ty located at 448� Bayside Road within the City of Orono (hereinafter "City") and leQally described as: Exhibit "A" attached hereto, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, after due published notice and mailed notice in accordance «-ith Minnesota Statutes and the City of Orono Zoning and Plannin� Codes, the Orono Planning Commission held a public hearing on September 20, 1999, at «-hich times all persons desirin� to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a conditional use pernut to Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house. NOW, THEREFORE, BE IT RESOLVED b�� the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2�21. 2. The property is located in the RR-1B Zoning District, where 2 acres or 87,120 s.f. is the minimum lot area. The property consists of 7.3 acres. 3. The Planning Commission reviewed this application on September Z0, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the follo�ving findin�s of fact: Page 1 of 5 _ /�� '� � O O �.b - CITY of ORONO � � �'',� �'ti RESOLUTION OF THE CITY COUNCIL �kES� NO. t' _ - �: � A. A property is required double the lot area for the zoning district to allo�v a guest house. The propert;�• is located in the RR-1B, 2 acre zonina district. The subject property contains 7.3 acres of dry contiguous buildable land. B. The use of the accessory building as a guest house will not exceed the 2 acre per "dwelling unit" density in the RR-1B Zoning District. C. The guest house meets all required principal building setbacks. D. The barn is 2,400 s.f. qualifying as an oversized accessory structure requiring a restrictive covenant being recorded on the chain of title. E. The existin� principal buildin� is scheduled to be removed at some time following completion of the guest house, at such time the guest house �vill become the principal residence on the lot. 5. The City Council finds that grantina a conditional use permit to allow a guest house will not be detrimental to the health, safety or general welfare of the public, �vould not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping �vith the intent and objectives of the Zonin� Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER �'�tD CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Nlunicipal Zonin� Code Section 10.20, Subdivision 3 (G) for a guest house, subject to the follo�ving conditions: Page 2 of 5 _ i�o�\ � � 0 0�� ; �b. - �; CITY of ORONO � �,�; ,� G � RESOLUTION OF THE CITY COUNCIL �9 4��'/ NO. �. �� ':� � �kES� �. The guest house is for the sole use of the occupant, including his domestic employees or the non-paying guests of the primary dwelling. 2. The guest house shall not be rented or utilized as a home occupation as defined in the 1�lunicipal Code. 3. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit wzll expire on that date (October 11, 2000). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his 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 l lth day of Octobe� 1999. ,� � ;` / ATTEST: ,,�' �� /' '' �!� ' �� , �/� G� ' _� l, �,; � �, r. � ::'� ,- —, Lin . Vee, Ci Cl k Charles el y, Acting Maqor ' r' � , P erty O��n, (s)` STATE OF NIINNESOTA ) ) ss. COUNTY OF HEN�IEPIN ) The foregoing instrument was acknowledged before me on this llth day of October, 1999, by Chazles Kelley and Linda S. Vee, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �('^�:P�»"' Ci�,PiQ�E�..Hr�F�,.s�,f~y�'.? ��i -L ( • !� / `�. �� /J tr` � � � f//-�7./�. / � r,a�rhYF��uc � �: ;, r. —, ' � �� :cc ��> > Notary Public ( .. 1'' _ TTi:eI.!1�`.'; _.,.. .. ' , � . _ .._._„_�_�__.....,_,._._...,,. .. Page 3 of 5 �� /� O 1 I O O �.b. - C ITY of ORONO � � . , �',� G'� RESOLUTION OF THE CITY COUNCIL �kESH�4'� NO. �� + '� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of Q,��,-��,hz_r , 199�before me a Notary Public within and for said counry, personally appeared �� ., -, �. �� n `� r ' known to me to be the person(s) described and who executed the foregoing instrument,and acknowledjed that he (they) executed the same as his (their) free act and deed. �..;�.,_�..y�',r"„c,r��a,.';�c�+-��'�r .;: �. ''�• C�,�C�E� �r.,,r . .T, �, t � NG�rkYFL`� C ' � `• ;� \ � ��;.F � �c�� ^J , ,.�J � ;„ � ,, • , .., .� � ;,�r T. .,i^'I . "� " NOTARY PUBLIC � ' .� _, L� � - - -- •. _ � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoin� instrument,and acknowled?ed that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Pa�e 4 of 5 Fxhibit A � � � � � � LEGAL DESCRIPTIO�1 ThaZ parti of the Northeast 1/4 oP the ilorthwest 1/4 oF Section 6 , To�rnship 117 , Range 2:5 deaarib ed as fo llovv s :Be ginning at ths Northeast corner oY the South�est 1/4 aP the Rortheast 1/4 of the NorthAest 1/4 oP Seation b ;thenae V�est along the North lins of th� Southwest 1/4 0�' said Northeast 1/4 oY NorthRest 1/4 of Section 6 , a distance oP 1Ei _sods ; thence South and parallel with the �7est line oP sai� 1`lartheast 1/4 crP NorthWest 1/4 to South line of said Northeast 1/4 oP NorthRest 1/4 or Section o; thenve East alon.g South line oF Northeast 1/4 vP Northwest 1/4 oi' Section 6, 28 rvds ; Zhence North e distance of 48 rvds to � point 10 rods East oP the Y{est line o� the North�.st 1/4 oY Northeast 1/4 or Northwest 1/a oi' Section Ei ; ✓tihence Ptest lU rads to West line oi' said Northeast 1/ o�' Northeast 1/� oP Northwest 1/4 0�' Section 6 ; thence South to poi: oP be�inning, all in and part of Section ti, Tor�nship 117 , Hange 28; �lsa e strip or land d 1/4 feet �ride on each e3de of a line dra�n irom e point on the Rorth lin� af North�est 1/4 oP Section 6, Tovrnship 117 , Range 23 a distance or 10 1/z rods East of Nor-thwest corner of Northeast 1/4 aP Northeast 1/4 of Nvrthwes�C 1/4 of said Section o ;thenoe South a distanae oP 3� rods to a point l0 1/2 rods �as�� or �Test line oi' Northeast 1/4 01' tlortheast 1/4 ai' Northvrest 1/ o� said Section 6 , To�rnship 117 , Rana�e �� . (Not e :The strip o� land �i 1/4 �eet wid e on each side of' the line abo�e descrided is included in the abcsve caption for purpose aP s.�orring zitle to an easemeut therean �rhich is ap urtenant to the balance of the premises covered bp above caption� � , .�� ''� 5of5