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Home My WebLink AboutResolution 4778 -�� -� ,,. ., �� O o ��. - CITY of ORONU : a � - ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��`4x'EgH,� � NO. � � � � � A RESOLUTION APPROVING AN AFTER-THE-FACT CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION G FILE NO. 02-2758 WHEREAS, Robert D. Pieper (hereinafter "the applicant") is the owner of the property located at 3995 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot 2 described as beginning at the Northwest comer of Section 17, Township 117, Range 23; thence East along the North line of govemment Lot 2 a distance of 362.35 feet; thence South at right angles a distance of 148.5 feet; thence West along the South line of the North 148.5 feet of said government lot 2, thereof to the shore of Lake Minnetonka; thence Northwesterly along said shore to the . � �� West line of said government Lot 2; thence North to the point.of beginning. Also that • part of government Lot 5, Section 18, Township 117, Range 23, lying South of the North 33.00 feet thereof, except roads, all in Hennepin County, Minnesota (hereinafter "the 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 March 18, 2002, 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 for an after-the-fact conditional use permit per Municipal Zoning� Code Section 10.20, Subdivision G to permit a non-rental guest .apartment within the main residence. � � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File #02-2758. 2. The property is located in the LR-1C One Family Lakeshore Residential Zoning District, where .5 acre is the minimum required lot area. The property consists • of approximately 1.079 acres. Page 1 of 5 �_.'_ . ' �� . � o 0 ��b. - CITY of ORONO � ti �� '�' RESOLUTION OF TH�E � ��COUNCIL �SH�4 NO. � 3. The Orono Planning Commission reviewed this application on Mazch 18, 2002 and recommended approval of the after-the-fact conditional use permit for the non-rental guest apartment based upon the following findings: A. Non-rental guest apartments are permitted subject to review by the Planning Commission and approval of the Council as a conditional use permit in "R" residential districts. The zoning ordinance defines a non- rental guest apartment as follows, "An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from • - � the principal residence utilities and shall not have a separate street address." B. The guest apartment is located above the garage. Interior access is provided via the principal structure with a secondary access via a stair from lower level garage. C. There is adequate axea on the site to allow an additional parking space. D. The property is provided with municipal sanitary sewer. E. The guest apartment conditional use will comply with each of the applicable provisions of the zoning chapter. � � 4. 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 after-the-fact conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properiy; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. � Page 2 of 5 �_�"_ . � � �� . � O o ��b. - CITY of ORONO � � � � �� '�' RESOLUTION OF THE CITY COUNCIL � ��SH,o4� rvo. 4 ?' `� � 5. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact conditional use permit to Municipal Zoning Code Section .10.20, Subdivision G to permit a non-rental guest apartment within the main residence subject to the following conditions: 1. The guest apartment within the principal residence is for use by occupants of the principal residence, including their domestic employees or non-paying guests. No rental of the guest apartment shall be permitted. • 2. Guest apartment utilities shall not be metered separately from the principal residence utilities and the guest apartment shall not have a separate street address. � 3. The interior access door from the residence to the guest apartment shall be a non-locking door. 4. The applicant shall pay double the building permit fee as an after-the-fact penalty . as established in the 2002 City Fee Schedule, and the normal application fee for � the conditional use permit. . 5. Authorities granted by this conditional use permit run with the properiy not with the applicant, but are permissive only and must be exercised by application for a building permit for the guest apartment within one year of the date of Council approval, or this conditional use permit will expire on that date (March 25, � 2003). 6. Violation of or non-compliance with any of the terms and conditions of this conditional use permit shall constitute a violation of the zoning �code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � Page 3 of 5 i�� . ' �� . �i o 0 ��6. - CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL . ��kEsH�4� NO. � � � 'L�— 7. The undersigned owner has read, understands and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of March, 2002. ATTEST: � U - . _ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � � � Property Owner Properry Owner STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this 25th day of March, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munici 1 and ' said instrument was executed on behalf of the City. �;� , „� � �;� �,AC,.��c�.ti� ` :s j.0-i��'�`,'f"1i3:.!:: . ,. .._"�TA ' .�rs:;�� Z.:j u4R�uli'sSIU�,-wr, ._�.-1I.Lv�S y •a . � � � Notary Public � STATE OF MINNESOTA COUNTY OF HENNEPIN lQprr'r The foregoing instrument was acknowledged before me on this / s� day of 1�4ar�1�2002 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. . , • �,�� RACHEL�OD�E �-� C�t-��-e�� J�'�- V��C ?`� NOTARY FUEUC-MINNE^OTA �`�`.�'`� My Commission Expires Jan.31,2005 Notary Public ��'�'�' Page 4 of 5 � /�� . . ' �� 11�' � . � O O ��b. - CITY of ORONO � � � �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SHp4� NO. � � "�' t� STATE OF MINNESOTA COUNTY OF HENNEPIN On this L��day of /9 r,� , 20�2, ��,-�- .17. �,'e�� personally appeared before me, who is personally known to me � whose identity I proved on the basis of MN l�L whose identity I proved on the oath/�rmation 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. Notary Public � • STATE OF MINNESOTA �=NIS�M.LESKINEN COUNTY OF HENNEPIN NOTARYPUBLrC-MINNESOTA My Cornrrdssbn Exp}res Jan.31,2005 On this day of , 20 , personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/aff'irmation 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. Notary Public • Page 5 of 5 '