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HomeMy WebLinkAboutResolution 5437CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .5 4 3 7 A RESOLUTION AMENDING THE CONDITIONS OF RESOLUTION NO. 4026 FOR PROPERTY AT 1331 NORTH ARM DRIVE - FILE NO. 2330 WHEREAS, Dennis Wilder and Gail Wilder (hereinafter the "Applicants") are the owners of the property located at 1331 North Arm Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lot 4, and that part of Lot 5 lying northeasterly of a straight line running from the midpoint of the northwesterly line of said Lot 5 to the midpoint of the southeasterly line • of said Lot 5, Block 6; vacated Oak Place; also Lots 5 and 6, Block 7 all in Saga Hill revised, Hennepin County, Minnesota, (hereinafter the "property"); and WHEREAS, the Applicants have listed the subject property for sale and were presented by the City staff with the resolution making the plumbing and heating facilities of the accessory building on the subject property illegal; and . WHEREAS, the Applicants request that existing heating and plumbing fixtures in an accessory building located on the subject property be approved for continued use, requiring a revision of Resolution No. 4026 adopted January 26, 1998; and WHEREAS, Resolution No. 4026 was adopted in response to the application by the previous subject property owner Robert E. Beutler for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a new residence on the subject property that does not meet the required lot width and setbacks; and WHEREAS, Resolution No. 4026 granted a variance subject to removing all heating and plumbing facilities within former residence structure to be converted to an accessory structure and subject to execution by Mr. Beutler of a covenant restricting the use of the accessory structure; and WHEREAS, the executed covenant disallows the use of the former residence structure as •an "alternative living space, including but not limited to, a guest house, secondary residential unit, mother-in-law apartment, rental of structure, or the like;" and 123844 Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 37 WHEREAS, the Applicants use this accessory building as "hobby house" for recreational and horticultural uses, but not as a guest house; and WHEREAS, in 1998 the City adopted Ordinance 179, Second Series, which allows plumbing in accessory structures that does not include a toilet, bathtub, or shower without the need for a CUP but requiring a covenant of limitations; and WHEREAS, the Zoning Code does not address the issue of heating accessory buildings and the City has allowed accessory buildings to be heated as long as they meet Building Code requirements; and WHEREAS, plumbing for a sink and heating facilities are permitted in accessory buildings on lots of all sizes in all residential districts; and • WHEREAS, plumbing for a sink and heating facilities are allowed by building permit from the building official and do not require Council approval; and • WHEREAS, the Applicants are willing to remove and/or render useless the bathroom fixtures; and WHEREAS, the City Council finds that because all properties are allowed to have a sink and/or heat within accessory buildings and because a restrictive covenant has been filed which governs the use of the accessory building, there is no justification to apply further restrictions on the Applicants' accessory building; and WHEREAS, the City Council finds that a formal Council approval is required to amend the language of Resolution No. 4026, which specifically required removal of the plumbing and heating facilities from the accessory building, to allow for plumbing for a sink and to allow heating facilities for the accessory building; and WHEREAS, the City Council has considered this request including the recommendations of the City Planner, comments by the Applicants, and the effect of proposed request on the community. 123844 Page 2 of 4 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 37 WHEREAS, the Applicants use this accessory building as "hobby house" for recreational and horticultural uses, but not as a guesthouse; and WHEREAS, in 1998 the City adopted Ordinance 179, Second Series, which allows plumbing in accessory structures that does not include a toilet, bathtub, or shower without the need for a CUP but requiring a covenant of limitations; and WHEREAS, the Zoning Code does not address the issue of heating accessory buildings and the City has allowed accessory buildings to be heated as long as they meet Building Code requirements; and WHEREAS, plumbing for a sink and heating facilities are permitted in accessory buildings on lots of all sizes in all residential districts; and 0WHEREAS, plumbing for a sink and a heating facilities are allowed by building permit from the building official and do not require Council approval; and WHEREAS, the Applicants are willing to remove and/or render useless the bathroom fixtures; and WHEREAS, the City Council finds that because all properties are allowed to have a sink and/or heat within accessory buildings and because a restrictive covenant has been filed which governs the use of the accessory building, there is no justification to apply further restrictions on the Applicants' accessory building; and WHEREAS, the City Council finds that a formal Council approval is required to amend the language of Resolution No. 4026, which specifically required removal of the plumbing and heating facilities from the accessory building, to allow for plumbing for a sink and to allow heating facilities for the accessory building; and WHEREAS, the City Council has considered this request including the recommendations of the City Planner, comments by the Applicants, and the effect of proposed request on the community. 123844 Page 2 of 4 • r� U CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .54 37 NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that 1. The language of Resolution No. 4026 is amended to allow for plumbing for a sink and to allow heating facilities for the accessory building. 2. The Applicants may leave the bath tub in the accessory building as long as such bath tub is disconnected from the water and drain systems and is rendered useless for bathing purposes by a physical covering or enclosure. Adopted by the City Council of the City of Orono, Minnesota this 13th day of March, 2006. ATTEST: Linda S. Vee, City Clerk 123844 CITY OF ORONO By: &4e&, Barbara Peterson, Mayor Page 3 of 4 • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .54 3 7 The foregoing instrument was acknowledged before me on this � day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. aRACHEL DODGE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public The foregoing instrument was acknowledged before me on this day of 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. zD . s• RACHEL DODGE Notary Public NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 123844 Page 4 of 4