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HomeMy WebLinkAbout1989-10-10 Resolution #2703V *• CITY ORONO City of ORONO RESOLUTIC*' THE CITY COUNCIL f 3 A RBSOLOnOH Gk .,i, n:il6 A COMDITIONAL OSB PBRIfIT ABD VARIAHCB PEB NOMICIPAL B0HIB6 CODE SBCTIOM 10.20» SUBDIVISIOli 3 (6) PILB #1434 HHBRBA8, Gary Barr (hereinafter "the applicant") is the owner of the property located at 3034 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 3r Bloclc 1» Casco Cove» Hennepin Countyr Minnesota (hereinafter "the property"); and NBBRBA8, the applicant has applied to the City for a conditional use permit and variance to permit the guest house use of an existing dwelling unit constructed above an existing detached garage on the property, per Municipal Zoning Code Section 10.20^ Subdivision 3 (G). MON, THBRBPORE, BE IT RESOLVED by the City Council of Orono# Minnesota: PIHDIM6S JL e This application was reviewed as Zoning Pile #1434 2. The property is located in the LR-IC Single Family La)ceshore Residential Zoning District, requiring a minimum lot area -of 0.5 acres. 3. On August 21, 1989, the Orono Planning Commission reviewed the application and recommended approval on a vote of 3-2, based upon the following findings: A) Tn 1976 a building permit and plumbing permit were issued to a previous o«mer of the property to construct a detached garage including the installation of two plumbing fixtures in the garage. Subsequent inspection records indicate a temporary dwelling use of the garage during construction of a residence on the property. B) The current property owner (applicant) purchased the property in April 1979 and was not aware that no guest house conditional use permit had been obtained lor the dwelling unit above the garage nor did he know that one was required. Page 1 of 5 ' > n I Y OPONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2703_________ Applicant's past use of the existing guest house has been to occasionally allow relatives, friends or acquaintances to live there as a .*!ecurity measure while applicant is out of the state. D) Applicant notes that his future intent would be to never use the dwelling unit as anything other than a guest house and he has no intent to use it as a rental apartment. E) Municipal Zoning Code Section 10.20, Subdivision 3 (G) requires that a guest house meet all regular lot requirements. The existing guest house unit is located 10' from the principal residence, hence the 20' setback required in order to potentially place the guest house on a separate conforming lot, would be impossible to obtain. Further, the existing lot area is 0.81 acres in this 0.5 acre zone. Applicant has been unable to purchase a .17 acre parcel to his west to increase hie property size nearer to the required 1.0 acres in order to meet the gxisst house lot area requirement. P) The existing guest he use unit is more than 50' from all property boundaries, nence continued use of the unit as a guest house would have no significant visual impact on the neighborhood. 4. The City Council has considered this application Including the findings and recomiriendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a conditional use permit to allc* continued use of the existing detached dwelling unit aoovc the garage as a guest house will not be detrimental to the health, safety or welfare of the general public; would not adversely affect light, air nor pose a fire hazard or other dancer to neighf oring properties; not would it depreciate surrounding property values. The Council further fin'' hat the proposed level of use on the ping with the Intent and ob-'ectives jomprehensive Plan of the City.property will be i of the Zoning Code Page 2 of 5 ri 1 V OMONO City of OROISO RESOLUTION OF THE CITY COUNCIL NO.2703 COHCLOSIOHSf ORDKR AMD COMDITIOMS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional Pf^liio! 3variance oar Municipal Zoning Code Section 10.20, Subdivision 3 (G) to peralt continued guest house use of the exist^g unit above the existing detached garage on H 0?81 acres In area where 1.0 acres would normally be accommodate a guest house in the LR-IC house is located only 10* from the Principal residence where a 20* separation would normally be required between those S^);\ictur08# subject to tho followin9 conditions: 1. The guest house may only be used by principal residence, and their domestic employees or non­ paying guests. 2. The guest house shall not be rented as a separate dwelling unit. 3. Utilities for the guest house shall continue to be metered jointly along with the principal residence. 4. Future rental of the guest h^use will cause an autora-.ic revocation of this guest house conditional use permit. 5. Violation of or non-compliance with any of the conditions of this variance shall constitute a the zoning code, shall ™granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, “"f hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and hereby agrees to the recording of this resolution in the chain of title of the property. 7. Applicant shall pay the ?225.00 sewer uni^ charge for this second guest house dwelling for the terms and conditions of this resolution to take effect. Page 3 of 5 I ^I CITY I ORONO L /fj City of ORONO RESOLUTION OF THE CITY COUNCIL NO. .2703 ^Adopted by the City Council of the City of Oro»?o, Minnesota at a regular meeting held on the 25th day of Sept«nber# 1989, 1ST: /D^otl^M/lSlallin, City Clerk PropertyOwner(sf L/CCC'^ i t Edward J. Callahan, Jr., Acting Mayor STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by Edward J. Cr.llahan, Jr. 6 Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. fidUf tStL Nolsery Public . : k. scHffR» : FUtlK - ^UNNISOTA My Conunission Cxpi^e%y Page 4 of 5 City of ORONO CITY RESOLUTION OF THF CITY COUNCIL NO. __2VQJL_________ ORONO NNESOTA ) ) SS. COOKTY OP HENNEPIN ) On this in _ day of Ic 1)) C X.19 3 before me a Notary Public^ithin and for said county, personally r-,j 4 nfL^rj ?sared , person(s) de^ribed in e. d who executed the foregoing trument, and acknowledged that he (they) executed the same as % (their) free act and deed. NOTARY PUBLIC 9-.9--93i MY COMMISSION EXPIRES STATE OP MINNESOTA ) )SS. COUNTY OF HENNEPIN ) On this day of 198 , before me a Notary Public within and for said County, personally appeare.1 known to me to be person(s) described in and who executed the foregoinginatrum^nt, ar. ’ acknowledged that he (they) executed the same as aS ( ir) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 ! I % Ili I • !