HomeMy WebLinkAbout#2521 Resolution 4363CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L1 61 r> ~"!) NO. -~ ·'.:> 'D ~)
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDMSION 3 (G)
FILE #2521
WHEREAS, Joseph J. Haus, (hereinafter "the applicant") is the owner of the
property located at 4485 Bayside Road within the City of Orono (hereinafter "City") and legally
described as :
Exhibit "A" attached hereto, Hennepin County, Minnesota (hereinafter "property"); 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 September 20, 1999, at which times all persons desiring
to be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City for a conditional use permit to
Municipal Zoning Code Section 10.20 , Subdivision 3 (G) for a guest house.
NO\-V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2521.
2 . The property is located in the RR-1B Zoning District, where 2 acres or 87,120 s.f .
is the minimum lot area. The property consists of 7.3 acres.
,., ~-
4.
The Planning Commission reviewed this application on September 20, 1999 and.
recommended approval on a vote of 6 to 0 .
The Planning Commission made the following findings of fact:
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i-
i
CITY of ORONO
RESOLUTIQN OF THE CITY COUNCIL
No A 6"i} ·1:'=' (// • -:,,: .) ,._. .. ·'o
A property is required double the lot area for the zoning district to allow
a guest house. The property is located in the RR-lB, 2 acre zoning
district. The subject property contains 7 .3 acres of dry contiguous
buildable land.
B. The use of the accessory building as a guest house will not exceed the 2
acre per "dwelling unit" density in the RR-lB Zoning District.
C. The guest house meets all required principal building setbacks.
D. The barn is 2,400 s.f. qualifying as an oversized accessory structure
requiring a restrictive covenant being recorded on the chain of title.
E. The existing principal building is scheduled to be removed at some time
following completion of the guest house, at such time the guest house will
become the principal residence on the lot.
5. The City Council finds that granting a conditional use permit to allow a guest
house 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicant and the affect of the proposed use on the health, safety, and welfare
of the community.
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:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
\ .:.""', :;~
NO. '"J:. o v v
The guest house is for the sole use of the occupant, including his domestic
employees or the non-paying guests of the primary dwelling.
2. The guest house shall not be rented or utilized as a home occupation as defined
in the Municipal Code.
3. Authorities granted by this resolution are permissive only and must be exercised
by application for a building permit within one year of the date of Council
approval or this conditional use permit will expire on that date (October 11, 2000).
4. 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.
5. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of himself, his heirs, successors and assigns, hereby
agree to the recording of this resolution in the chain of title of the property.
ATTEST:
STATE OF :MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of
October, 1999, by Charles Kelley and Linda S. Vee, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
A .-, ~, ,.
NO. _t.J_.::._v_" _\b_··. -~-·; __ _
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /9iJi day of A chVe th be: r , 199'} before me a Notary Public within and for
said county, personally appeared .-.-J. · ''-n ·-l · ' ·
known to me to be the person(s) described and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOT ARY PUBLIC ,
STATE 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
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Exhibit A ·~
LEGAL DESCRIPTION
Thai: pari: or the Northeast l/4 of the Uorthwest 1/4 or· Section o,
Toffllship ll?, Range 2~ de~oribed as :follcws:Beginning at the
No rt he a.st corner 01' the Southwest 1/4 of the Northeast 1/4 of the
Northwest 1/4 or Section o;thenoe West along the North line of th\
Southwest 1/4 01· said Northeast 1/4 or Northwest 1/4 of Sect ion 6,
a distance or .le _.rpds f• thence South and parallel with the West line
or said. Northeast 1/4 of Northwest 1/4 to South line of said
Northeast 1/4 or Northwest 1/4 or Scotian b; thence East along
South line of northeast 1/4 of Northwest 1/4 01' Section 6, 28 rods i
-chenoe North a distance ot 48 rois to a point 10 rods East or the
West line of the Northeast 1/4 of Northeas~ 1/4 or Northwest 1/4
oi' Section 6; .,..'thence West 10 rods to West line 01· said :Northeast l;
of Northeast 1/4 of Northwest l/4 or Section o; thence South to poj
of oeginning, all 1n and part of Section o, Township 117, Range 25:
Alsa a strip or land e 1/4 feet wide on each eide of a line drawn
1·rom a point on the North line of Northwest 1/4 of Section o,
Township ll?, Range 23 a distance or 10 1/'t!. rods East of Northwest
comer of Northeast 1/4 or Northeast 1/4 of Northwest l/4 of said
Section tijthenoe South a distance of 3~ rods to a point 10 1/2 rodt
Eas•i; or West line 01' Northeast 1/4 01· Northeast 1/4 01· Northwest 1,
or said Section o, Township 117, Range~~.
(Note :The s-cr1p or land 8 1/4 feet wide on each side 01' the line
aoove descrioed is included in the above caption for purpose oi'
shooing -ci-cle to an easement thereon i'7hich 1s ap~urtenant to _'the
oaiance of the premises covered by above caption) .
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