HomeMy WebLinkAbout#2015 Recorded Resolution 3567CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 5 61
A RESOLUTION GRANTING
VARIANCES TO SECTION 10.27, SUBDIVISION 5 (A & B)
AND A CONDITIONAL USE PERMIT PER
SECTION 10.27, SUBDIVISION 3 (A)
FILE NO. 2015
WHEREAS, Mark J. Harrington and Monica M. Harrington (hereinafter the
"applicants") are the owners of the property located at 4080 Bayside and legally described as:
Lot 1, Block 1, Popov Addition, Hennepin County, Minnesota (hereinafter the
"property"); and
WHEREAS, the applicants have made application to the City of Orono to permit
construction of a 35'x44' 2½' story addition proposed at a 32'6" height where the code would
allow 30' to be placed 64'9" from the street lot line where the code would require a 100' setback
and where the existing structure is located 50'. Per Section 10.27, Subdivision 3 (A) the
applicants have also made application for a conditional use permit to permit a guest apartment
within the upper level of the addition.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2015.
2. The property is located in the RR-lA Rural Residential Zoning District requiring
five acres in area. The subject property consists of 5 + acres.
3. The Orono Planning Commission reviewed this application on May 15, 1995 and
recommended approval of the variances to Section 10.27, Subdivisions 5 (A &
B) as proposed and a conditional use permit per Section 10.27, Subdivision 3 (A)
that would allow a guest house apartment within the upper level of the new
addition. The street setback and height variances were granted based ·on the
following unique findings and hardships:
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 6 7
A. The subject property meets the minimum 5 acre requirement of the RR-lA
zoning district.
B. The existing residence is located 50' from the street lot line and an
addition could not be attached to the structure that would also meet the
required 100' setback.
C. The addition is located on the only feasible building pad as lot slopes
steeply to the north and the east and is heavily wooded with mature trees.
D. The present house was built in 1947 prior to current 5 acre zoning
standards established in 1975.
E. The existing detached two stall garage does not meet the needs of the
applicants' growing family and there is a desire to have an attached garage
with a family of young children.
F. The present detached garage will be removed and the existing driveway
restored to natural ground cover.
G. It is necessary to fill 3 ½' beneath garage floor in order to create positive
drainage away from structure.
H. The height definition requires that the vertical height be determined it the
existing elevation at the south side of garage.
I. The applicants propose a vaulted ceiling at the upper level. This type of
design also has an impact on the height determination.
J. The mature oak and spruce trees will buffer the peak of the roof from the
roadway and adjacent properties.
4. All standards of the guest apartment section of the code, [Section 10.27,
Subdivision 3 (A)] have been satisfactorily met with applicants' proposal.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 6 7 ~
5. The City Council finds that the conditions existing on this property are peculiar
to it and do not apply generally to other property in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properties; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial property
right of the applicants; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
6. The City Council finds that granting a conditional use permit to allow a guest
apartment 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 CO.l\1TIITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.27, Subdivision 5 (A & B) and per
Section 10.27, Subdivision 3 (A) grants a conditional use permit for a guest apartment subject
to the following conditions:
1. Existing septic system is to be upgraded from a three bedroom to five bedr-0om
mound system prior to occupancy of new addition.
2. The apartment may never be used for rental purposes but shall serve members of
applicants' family, domestic employees or nonpaying guests.
3. Utilities to addition shall continue to be metered through the utilities or meter
serving principal residence.
4. A separate address shall not be assigned for the occupants of the guest apartment.
5. Applicants have agreed to remove the detached garage no later than January 1,
1996. The existing driveway area shall be restored to natural ground cover by
June 1, 1996.
Page 3 of 5
AT
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. I 5 6 7
6. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this variance will
expire on that date (June 12, 1996).
7. 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.
8. 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 12th day of June, 1995.
llin, City Clerk
Page 4 of 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. S 5 6 7
The foregoing instrument was acknowledged before me on this 12th day of June,
1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
Ci~~~~~~~~~222~
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
"1, C, .J-!J ,7· 9 .,-. On this __ oZ_J_~ __ day of . '/,nL. , 1 9 j , before me a Notary Public
within and for said County, personally appeared tn M.£ , l/-a/2_1z_:,n yfi71 v IJ'l C?u~c.&U /11. 1./,1.,.v,~ '::!ja:;'G
known to me to be the person(s) described in and wh6 execute ,...the foregoing instrument, ancr /J·1«JL•~/4✓
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
ST A TE 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 foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
Page 5 of 5
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION # 3 5 6 1e -...
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held on
June 12 , 199..5..:.., and that the same is, a true and correct
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this · 13th ------day of Jun , 19--9..5._.
(SEAL)
26~2288
1KG1~,~~~o ~u~JS_~~A 5 o/'" Jt-g
mdvt? ~c. 1
er;
OFFICf OF THE REGISTRAR
OF TfTLf<:
HENN EPIN COUNTY, MiNNESO TA
CE RTIFIED F"/lf.O ON
JUL 1 8 199 5 ;;J. f -
/f.~#->o t!L..._
~EGtSTRAA
·1FTfYLES BY ______ DEPuTY
~uv/c.eS