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Home My WebLink AboutResolution 4997 O �1(�u�322 0 CITY of ORONO G RESOLUTION OF THE CITY COUNCIL L�kESH04� NO. 4 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR TEMPORARY GUEST HOUSE USE PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #03-2896 WHEREAS,Franciscus G. and Liliane M. Bastiaens (hereinafter"the applicants") are owners of the property located at 665 Ferndale Road North within the City of Orono(hereinafter "City") and legally described as: Attached`Exhibit A" (hereinafter "the property"); and WHEREAS,the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G)to allow an existing second residence on the property to be temporarily used as a guest roust, for a period of 24 months; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 19, 2003, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 1-03-2896. 2. The property is located in the RR-1B Zoning District,where 2 acres is the minimum lot area. The property is approximately 2.27 acres in area exclusive of 33'of right-of- way ight-ofway for Ferndale Road North. 3. The Planning Commission reviewed this application on May 19, 2003 and sent it forward to the City Council with no specific recommendation, as no proposed motions received a majority vote. Metro Legal ServIWS Inc. Page 1 of 7 BOX 491 O O ti CITY of ORONO �0 RESOLUTION OF THE CITY COUNCIL `q$ESaD NO. 4997 4. The City Council reviewed this application on June 9, 2003 and voted 4-0 to grant conditional approval for a temporary guest house Conditional Use Permit, and directed City staff to draft a Resolution documenting the appropriate findings and conditions of approval reflective of the Council's action. 5. The City Council makes the following findings of fact: A. While the guest house use will exceed the"2 acres per dwelling unit"density for properties in the RR-1B zoning district, the temporary nature of the proposed use limits the potential impacts of that use. B. The guest house meets the minimum required setbacks between principal and accessory structures, but the property could not be subdivided in a manner that would allow the guest house to stand alone on a conforming lot with conforming setbacks. C. The structure to be used as a guest house has a non-compliant but currently functional septic system which has the potential to serve the guest house use during the intended 2-year duration of said use. D. The primary access to the property is a newly constructed driveway accessing to `Lydiard Road'. An existing access to Ferndale Road North provides a secondary means of access to the property. However, City Code Sections 6.05 Subd. 9 and 6.06 Subd. 9 allow only one road access point per lot for corner lots. Removal of the existing driveway onto Ferndale Road North once the guest house use is discontinued will make Ferndale Road North a safer road with one less access point for traffic to contend with. E. Because the guest house use is intended to be discontinued after 24 months, it would be appropriate that an agreement and escrow be established to ensure that the use is discontinued upon completion of the 24-month period. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. Page 2 of 7 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9$ESg0gNO. 4997 7. The City Council finds that granting a conditional use permit to allow a guest house for a period of 24 months will not be detrimental to the health, safety or general welfare of the public, would 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 with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house, subject to the following conditions: 1. The guest house shall be used and occupied only by persons who would otherwise use the primary residence on the property, such as domestic help, guests and relatives. 2. The guest house shall not be used as a rental unit and will not be used for a home occupation, except to the extent that such use may be allowed by City Code. 3. If the existing septic system serving the guest house becomes a problem during the period of authorized guest house use, applicant shall connect the guest house to the septic system serving the principal residence. 4. The guest house use shall be allowed only for a period of 24 months beginning with the date of Council adoption of this Resolution. At the end of the 24 month period, the property owner shall discontinue the guest house use and shall remove the structure from the property no later than 30 days after the end of the 24 month period. Applicants shall establish an escrow and agreement that allows the City to remove the guest house if it is not removed in a timely manner by the applicants. 5. The existing driveway connection directly to Ferndale Road North may be continued only during the 24 month period for which the guest house use is allowed. Within 30 days after the end of the 24 month period, the driveway connection to Ferndale Road North shall be eliminated, and the driveways and entrance regraded to permanently eliminate direct vehicle access to Ferndale Road North. Page 3 of 7 O O �a CITY of ORONO RESOLUTION OF THE CITY COUNCIL L�kESH04� NO. 4 9 9 7 6. 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. 7. 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 23rd day of June, 2003. f ,f'� 1✓' w . ity Clerk Barbara A. Peterson, Mayor r r f li� t roperty Owner(s) Page 4 of 7 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL L�kESH04� NO. 4 1.Q P STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23rd day of June, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. l KRin B.AWERSON Not Public Nl(- AqY PLOW MINNESOTA •t STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this_day of X2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporatio and said instrument was executed on behalf of the City. RACHEL DOr"� =� NOTARY PUBLIC A" 7A ✓ My commission Expires Jan.J1,2 05 Notary Public Page 5 of 7 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESH0 NO. 4 g qti. e� STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of zu V, i , 2C 03, personally appeared before me,—� who is personally known to me whose identity I proved on the basis of v'-�W —D whose identity I proved on the oath/affirmation of a credible witness ' and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. C:_=LESKINENNOTMy Co005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of . ` , 2043 , personally appeared before me, who is personally known to me L.-"whose identity I proved on the basis of_ ,k tkJ D L_ whose identity I proved on the oath/affirmation of a credible witness ' and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. D=MINNESOTA A Notary Public [(:q:1N0TARY Co005 Page 6 of 7 EXHIBIT A 4997 �.. ._ RESOLUTION NO. LEGAL DESCRIPTION PROPERTY DESCRIPTION (Per Stewart Title of Minnesota title commitment order number 0270007787, effective date September 12, 2002) All that part of Government Lot 3, Section 36, Township 118, North Range 23, West of the 5th Principal Meridian, described as follows; Beginning at a point in the East line of said Government Lot 3, distant 691.6 feet South of the Northeast corner of sold Government Lot 3, thence South along the East line of said Government Lot 3, a distance of 373 feet; thence West parallel with the North line of said Government Lot 3, a distance of 298.35 feet; thence North parallel with said East line of Government Lot 3, a distance of 373 feet; thence East parallel with the North line of said Government Lot 3, a distance of 298.35 feet to the point of beginning. Page 7 of 7 SciICE c,,- i l:,i i lisl4ESOiA CCU Ty 2003 JUL 16 PM 12: 56 AS oocUHEiv �r DEPUTY REC FES tOP-1 FEE