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Home My WebLink AboutResolution 7297 LAND TYPE Torrens (T) DOC NUM 5987935 Certified, filed and/or recorded on Dec 1, 2022 8:50 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 87 Pkg ID 2517801 E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1545139 This cover sheet is now a permanent part of the recorded document. O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiF ��' NO. 7297 �'lkFs H 00' A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-303 FILE NO. LA22-000046 WHEREAS, on August 17, 2022, Eskuche Design ("Applicants]"), applied for a conditional use permit(hereinafter the"CUP") pursuant to the City Code for the property addressed 3345 Fox Street and legally described as: Lot 2, Block 1, Fullerton Estates, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a CUP pursuant to Orono Municipal Zoning Code Section 78-303 to allow a guest house use; and WHEREAS, on September 19, 2022, 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 September 19, 2022, the Planning Commission recommended approval of the CUP for guest house use; and WHEREAS, on October 10, 2022, 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 CUP for guest house use 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#LA22-000046. 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 One Family Lakeshore Residential Zoning District. �O.ArO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G: NO. 7297 `4kESHO 3. The Property contains 4.6 acres in area where 4.0 acres is required for a guest house CUP. 4. Applicant has applied for the following: a. Conditional Use Permit for guest house use 5. In considering this application for a guest house CUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP 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 Council finds find 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 uses are consistent with the CMP guiding for this Property. 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 improvements including the guest house use 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 private septic and a private well. The Applicant is aware that the septic system must be upsized at the time of building permit. They have provided plans for upsizing the system. 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 guest house 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 guest house is residential in 2 BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G; NO. 7297 `./cESHov- visual character and is expected to be compatible with the principal building 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 guest house will be residential-looking in character and consistent with that of the principal building 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 proposed use 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 views of the guest house 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 guest house use 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 use 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 guest house is 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; Applicant is hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. 3 AiL.O.ArO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL s� G; NO. 7297 `4'ESHO4`" 16)The Council finds the following additional criteria are met: a. Regarding the guest house CUP, the lot is at least two times the minimum lot area required by this section; and b. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. c. The council finds that the proposed use of the pool cabana with a shower will not be detrimental to the residential character of the neighborhood. d. The council finds that the plumbing fixtures proposed in the cabana are in keeping with the applicants' intended use of the accessory building. e. The property owner agrees to the filing of a covenant in the title of the property regarding the guest house use. 17)Additionally, the CUPs 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. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-303 to allow a guest house use, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The undersigned 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. 3. 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 4 *5/4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti � NO. 7297 ik@SH00' obtained within one year of the date of Council approval, or the variance will expire on that date (October 10, 2023). 4. 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. ADOPTED by the Orono City Council on this 10th day of October, 2022. ATTEST: CITY OF ORONO: WiQP3301 ' Anna Carlson, City Clerk Dennis Walsh, Mayor 5