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HomeMy WebLinkAbout#7184 Recorded Resolution III II 11111 LAND TYPE Abstract (A) DOC NUM 10949851 Certified, filed and/or recorded on Apr 21, 2021 8:52 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 170 Pkg ID 2222026E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. MONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� Gti�' NO. 71 8 4 t4kEs 0° A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 &78-418 FILE NO. LA21-000018 WHEREAS, on February 10, 2021, Glenn Solie and Nancy Solie, a married couple, (hereinafter the"Applicants"), applied for a conditional use permit pursuant to the City Code for the property addressed 3500 Bayside Road and legally described as: Lots 24 and 25,Auditor's Subdivision Number 203 The legal description as surveyed is as follows: The East 165.23 feet of the West 808.66 feet of that part of the Northeast Quarter of Section 5,Township 117 North, Range 23 West of the 5th Principal Meridian which lies northerly of the northerly right-of-way line of Bayside Road and southerly of the northerly 1649.89 feet of said Northeast Quarter;ALSO,that part of the East 165.23 feet of the West 808.66 feet of said Northeast Quarter which lies southerly of the southerly right-of-way line of Bayside Road and northerly of Lake Minnetonka. NOTE: Because of the lack of dimensions on the plat of Auditor's Subdivision No.203, and because the underlying legal descriptions are not specific to direction,the above legal description shows what the owner possibly owns. Three different abstracts were examined without a clear solution to the problem. Therefore, some type of judicial proceedings may be required to firmly establish boundaries, (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418(6) to allow plumbing which includes a shower or bathtub in an accessory building; and WHEREAS, on March 15, 2021, 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 March 15,2021,the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on April 12, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 84 G tskESHo4C4' NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby[approves/denies]the requested conditional use permit 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 #LA21-000018. 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 Single Family Lakeshore Zoning District. 3. The Property contains 2.17 acres in area and has a defined lot width of 167 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for a conditional use permit for plumbing an oversized accessory building ("OAB"). An OAB covenant has already been provided by the applicants. 6. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed use 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 City Council may grant a Conditional Use Permit provided the City finds 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 use is consistent with the CMP guiding for this neighborhood. 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 improvement including the plumbing fixtures are compliant with the zoning ordinance. 2 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � G, NO. l 7 1 8 4 4k6S HO�� 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 a private septic system and private well. 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 building 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 garage including plumbing is residential in visual character and is expected to be compatible with the house 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 proposed building is expected to be residential- looking in character and consistent with that of the principal structure 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 use of the building which includes plumbing 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 garage will be situated in a conforming location and will not be visible when viewed from off the Property on the street side, and the views 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. 3 sLOp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL GAG' NO. 7184 t�kEsao�`� 11)Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed building with plumbing 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 building 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 proposed building has been visually 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; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants' intended use of the accessory building. 3. The property owner agrees to the filing of a covenant in the title of the property regarding the limitations on the use. Additionally, a conditional use permit 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. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7184 'F' G -ikESHO- CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-418 and 78-916 to allow plumbing which includes a shower or bathtub within an OAB, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 11-12-2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A&B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. The undersigned Owners hereby 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. 5. 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 obtained within one year of the date of Council approval, or the approvals will expire on that date (April 12, 2022). 6. 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. 5 CITY OF ORONO RESOLUTION OF THE C ITY COUNCIL NO. 74 r�kESHO- • ADOPTED by the Orono City Council on this 12th day of April 2021. ATTEST: CITY OF ORONO: i%/y2,-1511—ak *fog Anna Carlson, City Clerk Dennis Walsh, Mayor 6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7184 c° 41cES Ho0" Glenn Solie, Fee Ow er 1/7 Le/ Nancy Solie, Fee Owner STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this APA day of laer-►t , 2021, by Glenn Solie, husband of Nancy Solie. • Notary Public 'Ax, ALICIA A JOHNSON ^ i,p, NOTARY PUBLIC•MINNESOTA el_,r•. MY COMMISSION EXPIRES 01/31/25 STATE OF MINNESOTA ) - )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this igt6 day of At 1 I , 2021, by Nancy Solie, wife of Glenn Solie. Notary Public 7 N. ALICIA A JOHNSON Vi,"-) NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31/25 CERTIFICATE OF SURVEY FOR 7 1. $ 4GLENN SOLIE I 1=.Loa ds Resol No. OF LOTS 24 AND 25, AUD. SUB. NO. 203 1 >3a`T a HENNEPIN COUNTY, MINNESOTA I LOT 35 1 LOT 34. Exhibit A -,- LA21-000018 I1 1_0T 33 LOT 34 I I .-N 89'56'42"E 165.24-- „T e ___.__._,__—._.__ j i ,cl' S OWorE M.S. ?.'_• / I I 1 \ \ I I I \ ..lr•ilTtlt�e u ,1 I `` 1 t 1 / \ 9 � 1 •V S\' \ Qr �� I \ \,. .5 lago,$wra '' SL ,1, if „ ;pe• - t, 2 3 i 7 i" -,;:r. 7 ,, `L,w`rt• I - >'•` N� �Y I/ `+a i t -liar l e I 1 1 _.: i:y r-dq py1 , eu•n 1' IF jive. a 0..„. 1 I . I 0 30 60 120 j •_Iw��•. — —. EDISTPIO 4 .•.d ! .. _ 1 massesor /y./ j1 ... II dawo(AI NOUSE E�� dt mu, .. SCALE I N FEET w.n l ( g: � 1 ' 0.A it, \ �4,- lc) eN,1;i' Ira :7,,,, 1; ', ''I 1 U u/ ,a1. I I 4 Iw., t .h.. II•••I•-..+P' , , 1 1 vti W.1 , 1 1 Twom ,e,. /1 / / men .-, . l II i I •1 I r / ' '�'.J::,a, `..\ ,,l Ilse i , / , 1�»a LEGAL DESORPTION OF PREIASES: :. r I u'.a., 1 ( I I 1 I v.II I P�.\ { I y 1 1 1 Lots 24 and 25,Suydlor'L OoORaIsion Number 203 / °' ` \\' \we eMS...`\\\,, N,ldru / 1 1 1 T1m 19e'd Ioo!'mn ec yy d I.o ranws: _ `C. '-,\• y? / 1 ' 1 The East I5.To foal of llmo{4aal Renee Ml el that earl 1 Ihs Ial Meridian 0.ast., ' al I Section S,Township Ill North Range 23 Weal Of the SIh Principal 6s,dan'Non' l 1P'' \ \`'�do„, fee motherly t the nrtet al right-o'-way We of Baynes Road and se Ihnly of swu ya 1� '.gr^ty✓,.,/� a � `. ' the motherly f tie 1Y stet al Hot feesl Oorthe ALSO,that port 1 the East i'm.,.1' h'l,t \.. \y"`' i I r 183.23the soul of tri W-of way hot of side Rood one Quarter which n: eaulherly ,."• •/.a Meth `��" ^.,°��t+>•, , of the mulharly right-of-way Ene of Bayside Rood one northerly of ld<a Mimolorka. +va.. ul� dy�,p, � \`,� � ' NOTE:Samoa of the lack el dimMalone on the peal 1 Auditor.a Subdvlsia,No,203, '$ " � d. ,` _ , and bosoms 1, ndertymo logo,descriptions era l specific to direction the above IT- Zq� oat description shore hat the owner possiby owns sTnree different abstracts haRay `�\`.•.\� - A i % exarninad itheut clear solution 1a tthe pretlem Terelewe roma type u/,udielol ware a ApW1 III -s•L,�''02,1 I \\'. . ,�1 % preeeednes may be required to lion,establish bo,neorms. d .wv`y, ,.%'\ • a Mnete.Iron marker loud CO• VI..•tom"" A. ,�-T � `"4�w,BAD. .,,. Le- D: Senates Junkta Landmark Iowa) 4,...--, SfD ROADB¢dmpm-\---•"`{'K ' ...H-- (mxl): denotes etistlao opal 01.0tion,mean,ea level datum \ _ e ®: dsmles WWosed opal elevation,moan MO IavN rblan L.'4.4 __ --MT--1 denotes aebWp contour env,mean sod level datum .�^` _ -..... L —MO" demis,propoesd eantaur Ens.mean sea level datum LAKE ,----.1 -- ,,` d0mhe sideline to be t.rmi MINNETONKA \\25 I O,crMpa,Fawnn as hand upon on m„cm.d datum. �� I TNr survey(mans to show the beundarleo of the above desonied yy ,eprty,and the arileil E°La1 \ I location al an emoting teuso,spot elevaliom,ta9O%0961.and OT v.Mble hardcover', tu-a \ and Ike propad location afy o spats additgn,erivanoy and grades mama It STUBBS BAY done ant pa art to shoe an her eeDmvemen r or encroachments. wn \f \ w.,�,a aw"--.n,�+'vv"••-•• ',,Ifta"eIKv1'a111i S.,V;1°,7Y,itZe.ir,rl. PROJECTwo Th. GRONBERG & ASSOCIATES,\\ INC. a „enn wv.ma and C U�4rnle 4�;,—!"1 Lad ay.Oyr ueer I+a a-Tl-I] CIVIL ENOINNCRS,LAND SURVEYORS.LAND PLANNOR9 1'tl_•.7x2' �-+/F 4s5 NORTN WALOw I2WE LONG LAKE,NH 65356 x wwo owes b i-O., /.f ./ 952-aT1-Nark L,arwbra Lle r,Nu.oe•12r55 To-lU 4101 22'•115/8" 7 1 8 4 / Resol No. .. Exhibit B 111111111 ISINIIIIIIIIIIIIIIIIIII�`�1 LA21-000018 M IMIIIIIWIMIIIIIIIINIMMIIIIIIMMIIIIII 1 11111111L 11111•111MMi MIIIIIIIIIIIIIIMML I MIMIIIIIIIIII.IIIIIIIIIIIIIIIIIIIIIIIL 1 111111111111111111M 1 =III=L Up �1 ®D11 . I I IIMIIIIIMII MM.imirmialer 111111111 MINIMINIMMIIIIMIIIIIIIHIMINIMINUIV i ..www..nLw. n.w w. wwN I 0 UIIII1/ i 0 0 i7- � N m .�b N"Q 5 N O iN ram U E 992 Po.au 666 lorue PROJECT NAME: raBax GLENN SO LIE DRAWN BY. JEREMY B. Muted,Minnesota 53393 PROJECT NUMBER.(20.802) ul d nga nu. DATE 12/10/2020 32o-4fl3a32 -3625 a26 BUILDINGDEBCRIPTION: , ';ambul;gs orn 401-0"X 56'-0n X 141-6" s„EEr 1 Of 6 Conluaar Liu.NumbeR617,976 DE61GN NUMBER P20407 Cn IS Z • -E.1 O O Z> *o$ FZoo N= • LI �Rol x Fri 0oo mwS vvz$ol Qo o� $ro�°� • yz g Nr$ 0 �D • ZN -1 Z (1� • T ..e0 -a 8 = w A T1 p• E Q e'o 8'0" 8'0" 8'0' , e'o • i. • r i c 1 c c 17 w w I (A w G \_ _ — N / I N 1 , , \ Ol/ I 41 I T 4 Q I O I { \ 10 i e -.} 2 \ / 1 01 I © d\/ \ 1§Nro \� N, (.2 • Im r D / m1 \\ \ \ a / S H I S�z �5 I R I o -„1 0 G \ QZal 7 I� KN 1 72p7 m \ `.Q� / I IC N 1 G 'y' 0 O o Z r O T f I a \m // I I� NN O I N N❑ O 1 p \ / I 61 17°p O �� I Q N 1 g /\ 1,?) , 4H wpI / \ II N 4 2 R1 A I z N I 7E s i Lt 2�`P o ll I ea a I "p 0I Dc �TQ I b I - C I -D.--1 { KN N pl 70 I Is)D. n � N - rn-a Ri 2c I \ c�N w w i w ' w Do 1 — I R acm (Ds—11' ,2 1 J rn rn` 1 �` m Q� I Q NJ i ti , L/ 8'o' 1 8'-0" 1 8'o" 1 8'•0° 1 e'0" 41 o vi w'cc g g i 40'0" , AO 3g1rn s..t. a N a.gE =N'Q r N 2 r u F 00 592Kt Box IDrM PROJECT NAME GLENN SOLIE Kt Box 660 DRAWN SY: JEREMY B. %blued,Mlmaada 55395 PROJECT NUMBER;(20-802) ild ngs . 32ode5-zeu BOa71aAM DATE 12/10/2020 Saa32ddes•36zs BUILDING DESCRIPTION:""'a0 4Q'_Q"X 56'-Q"X 141-6" 2 OF 5 R1 SHEET Convauu O .Numbs,90Di97d DESIGN NUMBER:P20407 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing Declaration of Restrictive Covenant adopted at the meeting of the Orono City Council on April 12, 2021 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 13th day of April,2021. Anna Carlson, City Clerk (seal) 1 / 6/ +� �o h k ` r y ✓r�i .:;�� us • e Q .„ ".F *pit: CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � NO. f 1 8 4 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 & 78-418 FILE NO. LA21-000018 WHEREAS, on February 10, 2021, Glenn Solie and Nancy Solie, a married couple, (hereinafter the "Applicants"), applied for a conditional use permit pursuant to the City Code for the property addressed 3500 Bayside Road and legally described as: Lots 24 and 25, Auditor's Subdivision Number 203 The legal description as surveyed is as follows: The East 165.23 feet of the West 808.66 feet of that part of the Northeast Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian which lies northerly of the northerly right-of-way line of Bayside Road and southerly of the northerly 1649.89 feet of said Northeast Quarter; ALSO, that part of the East 165.23 feet of the West 808.66 feet of said Northeast Quarter which lies southerly of the southerly right-of-way line of Bayside Road and northerly of Lake Minnetonka. NOTE: Because of the lack of dimensions on the plat of Auditor's Subdivision No.203, and because the underlying legal descriptions are not specific to direction, the above legal description shows what the owner possibly owns. Three different abstracts were examined without a clear solution to the problem. Therefore, some type of judicial proceedings may be required to firmly establish boundaries, (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418(6) to allow plumbing which includes a shower or bathtub in an accessory building; and WHEREAS, on March 15, 2021, 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 March 15, 2021,the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on April 12, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and -‘7L-ONp CITY OF ORONO RESOLUTION OF7THE CITY COUNCIL ,s,.es Gl NO. J ® " 4 I•kESHoR- NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby[approves/denies]the requested conditional use permit 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 #LA21-000018. 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 Single Family Lakeshore Zoning District. 3. The Property contains 2.17 acres in area and has a defined lot width of 167 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for a conditional use permit for plumbing an oversized accessory building ("OAB"). An OAB covenant has already been provided by the applicants. 6. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed use 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 City Council may grant a Conditional Use Permit provided the City finds 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 use is consistent with the CMP guiding for this neighborhood. 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 improvement including the plumbing fixtures are compliant with the zoning ordinance. 2 -WA// CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ` NO. 71 8 4 `/kssxo¢`4' 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 a private septic system and private well. 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 building 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 garage including plumbing is residential in visual character and is expected to be compatible with the house 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 proposed building is expected to be residential- looking in character and consistent with that of the principal structure 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 use of the building which includes plumbing 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 garage will be situated in a conforming location and will not be visible when viewed from off the Property on the street side, and the views 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. 3 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �y „. NO. 7 1 Q 4 ‹?' ICESHO 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed building with plumbing 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 building 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 proposed building has been visually 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; Applicants are hereby advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. A CUP may be granted subject to such conditions as the Council may prescribe. Further approval shall be granted only when the following criteria are met: 1. The council finds that the proposed use of the accessory building with a shower will not be detrimental to the residential character of the neighborhood. 2. The council finds that the plumbing fixtures proposed are in keeping with the applicants' intended use of the accessory building. 3. The property owner agrees to the filing of a covenant in the title of the property regarding the limitations on the use. Additionally, a conditional use permit 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. 4 *0.Ar11 , CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 84 c.,kESHo CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-418 and 78-916 to allow plumbing which includes a shower or bathtub within an OAB, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 11-12-2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. The undersigned Owners hereby 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. 5. 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 obtained within one year of the date of Council approval, or the approvals will expire on that date (April 12, 2022). 6. 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. 5 1LOi\j;,_\ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. -IKESH00ti ADOPTED by the Orono City Council on this 12th day of April 2021. ATTEST: CITY OF ORONO: rI Anna Carlson, City Clerk Dennis Walsh, Mayor 6 gOA/6 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 8 4 "l'''ESHO Glenn Solie, Fee Ow er /1/ Nancy Solie, Fee Owner STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this WAday of 4-j 1 , 2021, by Glenn Solie, husband of Nancy Solie. Notary Public ` ALICIA A JOHNSON NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01/31/25 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /3t1-' day of , 2021, by Nancy Solie, wife of Glenn Solie. k1 Notary Public 7 ;: . 72 ALICIA A JOHNSON • t i NOTARY PUBLIC-MINNESOTA ' `• MY COMMISSION EXPIRES 01/31/25 7 1 ,. i CERTIFICATE OF SURVEY FOR s e9 rD'o9•E GLENN SOLIE - - - - - — - -=,,= ,nxanf A Resol No. OF LOTS 24 AND 25, AUD. SUB. NO. 203 I 9Q: -f5 I � Exhibit A HENNEPIN COUNTY, MINNESOTA i LOT 35 I, LOT 34 ; i LA21-000018 I 1 I ! i I i LOT 33 LOT 3 4 I ,I 1 �'`gt s-Hr-n l 1 I I --N 89e56'42" E I 1165.24-- i I ; - V yl \i r- 's 66.20 Ce-E 65.24 / \ i / 1 s• I I / �, 1 1 p. 0!„.55a - ) I i • Imo'_•___._._._._._... � a u O O\I \ p � O': 'N7IPaVat,[ cgs„,.. \ \._ `/ I 1 , `' .N � z' e,..e','er. w aul !L1t!ThRde---e,...b ,1 •c 1 ..i 0 ' o'•r;ev g t e I , ?tr 0 30 60 ' /I/ feirx'�-a'e\%c w'EXIST5VG • .:.,f '•;t1, I ' r' /' f,▪ - .. HOUSE E ,C", ._, b / / gr,rz,:/3500() fffllllllNNCPEE S C A L E I N r_=T '/ � j ' N sb P:.mil wvn ..+ ,*�S J 1 k ,_,A„,„ •..-ant "q.. .3"'..,j W i. \ 1.sa...t, sex.._�)� • -5,p ��, 1 i'; w.n !' I b\ma .Ire /I / 1 nI-' / / 1 11 '/�w i I I I( I i f • ,'.. A.,, I I l i t I w, LEGAL DESCRIPTION OF PREMISES: .' , 1 ` -a» 'alnwa• "' _I (ny I i I d ,.6, \ - i I �I Lots 24 and 25.Auditor's Subdivision Number 203 / saH �' ,s-\ rep., ,` TM -as....• ." I� i The Baal 165.23ptif as surveyed i*. LOSee: 1 , ''-'-', -' Y4,14, { The c 15.Township o1 the West Range feetW of trot part of inc Northeast 0which .'`I ¢�. �sty� x, (�I;,\y ..r pe,�'' / f Sectionor 5. f the the North. or-w y1 Woo of tie SR d and southerly which ,�e,,t \ ` .,.•0. .,"'§5r r•':, the northerly 1f the l of sold right-or-way li. ur Prr Al.a Rood so l hy of ti `i ovy�,4r \ i' 1 / the northerly f6lye feetf N fesol 0 net e e t teat part r thee Toot '- 71, � ml f .. ` ;'/1 I of h feet of the Westel way feetof sold Rordrd Quarterherl*soh lies eter)y �",. `\ iAi. war \'al_- i 7 / ' of the southerly right-of-way toe of Bayside Rood cad northerly of c Lase Minnetonka. _ Yao\�- / ' NOTE:Because of the lack of dimensions or the eat of Auditor's Subdivision Na.203, w M1 S'`ti�``Iw -..'� '_P1 y -_" .4/ and because the underlying legal description a not Threec to direction,the above (0 rr.}}��.�`'^ gol per wptinr shows hat the ,na-passit>iy o specific atfferent abstra17.,w e a -- -. eb`� f- 1}' wns. proceedings mn,t a near scWtio fir the proh'em.TMrefore,some eras at jadkieir' ,gDww" 1,, 8. & op �.31 , �'� proceafings rnoY be requires to firmly onteblish borerdnias. ,.� +--` T11 CO - ��>b u` tw qon ��1 od'�i.-µxy e o: denotes iron marker roan ice, �!'' D Er, - - ' -_— o: denotes.A,didd Landmark mr a �.�`i� _a_ ,_--_ /DE_RO. 84 ""�A``- -x-- �- _. AD R. o III — (SOS3): denotes existing spot elevation.mean sea level data..m �� -� `„e..__"----E1rTh'nCW I p denotes proposed spot NevoNon, Isto.al: pmean see N datum ---..,--41�covr� -- ——_7 T.iI, n -.-.fin--: denotes existing contour Inc.mews sea level datum 'l^�.�_,.�__ ��_y` senates proposed contour lire.mean sea level datum LAKE - 'l : denotes existing tree to be removed \ Decrirga shown ore bases upon an assumed dotam. MINNETONKA 25 This y intends to how the boundaries of the above described property,end the �'-onr s�_lex location of an existing house.spot elevations,topography.cod dl visible hardcover'. rsusa doesand the purport to show location any°0,Sedor encroachments.s°neraan'It STUBBS BAY ,� notimprovementsor DOE 50mq,, I h> a fir pax seecmcollan,or report PROJECT w•� —...aews..wwx.. ye o b that`h";vaer my sre<i ewerxi an. GRONBERG & ASSOCIATES, INC. ,o-w w avmwavmew¢wet AP w.xx w el Vm16am,ply.r..jcomae Land Serveror paler tne 2-N ly / `CIVIL ENCINNBRS,LAND SURVEYORS.LAND PLANNERS bn of Ne Stale of,f so a a7 ��,�' �-, 1•-30' = RAS NORTH 1v0.LOW DRIVE LONG LAZE,!1i 55356 N�.x s.GmSaro 1.frartn lie.. n� ao-ies gsa-an-au, h. 22'11 5/8"1. 1 Resol Na. .. Exhibit B LA21-000018 �w -L IIMINNIMOINN011 �a r IMIIIIIIIIIIIMIIMmIMMIMIM MIIINIMMINIINIMIll i r o IIMMIIIII momImmg I P I ommmurrum mourimilimom mmon 111111 MEMO MI lignm 0 hi m,,,m,,,,,M E 1 0 MINMNIIIIMM mmnIMENNII mill RDv N i__ � F _ "=" in __ III nommi- iii O 0 KMiSlil Immosomsmin _ IIIIMMOIll ' p @ .12m2 -� U ==s L=__ ==n m�MIRm N mallowsm mg n `-_�- Nimmummliii Ml - Num mdiiiimm -um G 1 592 industdal Drive PROJECT NAME G L E N N S O L I E DRAWN BY: JEREMY B. RAm U:nne660 wsnsree,n+innesora 55395 PROJECT NUMBER:(20-902) Buildings Inc. 32a485-lean e00-770-anG DATE 12/10/2020 Fax320-485-3625 BUILDING DESCRIPTION: q.Ol_011 X 56-0"X q'l'�'Jlr 1 OF 5 rambulldings.comSHEET Contractor License Numcerzmn976 DESIGN NUMBER:P20407 e cJ) ° z @ O cKz '7a$ -- 7001 D 0p 00 t.p mnFP O (D. ex M -to -QiS 0z-OI O000 Out- °Z13 11� m Omm pN -i I7,60.7_ 2 p O rn x m m�0 O z cS� O r-D -{ D �-'7c ON v O O O I 8'-O" / 6 8'-0" / 8'-0" / 8'-0" / 8'0" zI. 1 m a" I r. \ ," . I \ \ o o o ca 1 o c G, \ N / I N N N O_ m \ T/ I G I 0T Np I \ / I.< o� I 02 p a I \ 2 7a- - I a \ / II� 1 I (3 m o I /\ Ian II 1I p1 \ N a rTi ` ❑ \/ \. 0 / \ mD—I mm 7a-<" --1 r I a '-1 \ \ mcll mo � I > I- L J E - - m { wO 70 1 ,N O STz < o fri A.\ Q-OD — m� 10 ON 0-1 O z4 I m \ vp 71 I� Zn a ..I \ c N \ N // I� I� C. O I a �❑ El 0 o I 1\ / Imm I7 b p7 I o N /\ lam I m --I \ Ion' I< ?g ZSrn a '-I \ \ '� // \\ I7pa I-I m D mo y I • 0 N j / \ I I ox 0_ l o 2 mi �I I �N 0 , I 7g c r-r -- (- r _� - 1. N I - 7,m �p m I a+ O o I Ty �� I sic-Diy 1 0 N p�j D I I O/ o' �D� _az�*+m - N it=Z I z� _c I L>J ou 7a I o-a it g 9 70 K� I "a -a j� � v NN7a-0 m C=� O� I I N N m� I N O N D�D7a I 0? N `f}&� Oil I x x I x x ZN;=m I o'Q - I m rn 0 m mo a b O m 8 N N r i a N N 7,Z _ NL D L c — N rn 0 m m,4 / 8-0" / 8'-a a-0" / 8'-a / 8'-0" , o N N 2 4. D / �'-�" / 7a Q fl�7p z SSh I s'N 0 N 0 3SQ Dm v� m � O91 ul N n 91 fll F 00 592P.O.8oIndustrial Drive PROJECT NAME: GLENN SOLE ` RANI P.Minnes to DRAWN BY: JEREMY B. Winsced,Minnesota 55395 PROJECT NUMBER(20-902) Buildings Inc. 320-485-2844 Soo-710-726 DATE 12/10/2020 va:3?o-ass-3sz5 BUILDING DESCRIPTION: woomrambuildings.com 4�r'Dlr X 56'-0"X 141-611 SHEET 2 OF 5 Contractor License Number 201A976 DESIGN NUMBER:P20407 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing Declaration of Restrictive Covenant adopted at the meeting of the Orono City Council on April 12, 2021 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 13th day of April, 2021. Anna Carlson, City Clerk (seal) 4t dw` ..«` \ -•%ll''�� ,.- i� 1 �'T