Loading...
HomeMy WebLinkAboutResolution 4363 _ �� � � � � O� • O O �, - CITY of ORONO �� � ,� G'�� . RESOLUTION OF THE CITY COUNCIL �`9kESH�4� . . NO: � � � � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE � SECTION 10.20, SUBDIVISION 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 WI�REAS, 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 heazd concerning this application were given the opportunity to speak thereon; and � VVfIEREAS, 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. NOW, 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. 3. The Planning Commission reviewed this application on September 20, 1999 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: � Page 1 of 5 /� . � � O� � O O �, - CITY of ORONO � � �,� G'ti� ' . RESOLUTION OF THE CITY COUNCIL ��kEsH.�4�' NO. � e� � e� A. A property is required double the lot area for the zoning district to allow a guest house. The properiy is located in the RR-1B, 2 acre zoning . district. The subject properly 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-1B Zoning District. C. The guest house meets a11 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 pernut to allow a guest house will not be detri.mental 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 Couricil 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: • Page 2 of 5 /i . ` � O� � O O �e CITY of ORO�O . � Dy �'� �'�F RESOLUTION OF THE CITY COUNCIL L�kESH�4�' NO. � � �+ � . 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 pernut 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 fhe property. . Adopted by the Orono City Council on this l lth day of October, 1999. ,-� ATTEST: �;� � ., �' / � '� � � ��� ' � Lin . Vee, City Clerk Charle�Ke11 , Acting M or Pr erty wne s � TATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of October, 1999, by Chazles 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. ,� '� �Q/1'�� Cr. -s _ -� • CAROLE A.HASEMAN 3 ;°%'�• , � �1 Notary Public ��,�' NOTPRYFUBUC-ilhitdF.[„0?A , ,� � . ; =;r�j� YENNFFih'CCUfdTY n: , ` "�' PI✓Ccr�micsicnEx^i��sJ'r. ?,.2irn, ;.� �-. _�rs:C�E'c—%.`�f.e.a'���.�'�„r'.�.._.._r... ....... -�' �Pag�e 3 of 5 . . . � ' ` 'Q, O.�' � Oj O . � � CITY of ORONO e �� F � . . � G'� . RESOLUTfON OF THE CITY COUNCIL �`�kESi3�4�' . NO. � 3 � 3 � STATE OF MINNESOTA ) � ) ss. ' COUNTY OF HENNEPIN ) On this /� day of /Ut�Ve�,-,6.e�— , 199� before me a Notary Public within and for said counry, personally appeared �To��! �. �ar�� no���err«�. —� 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. � '"�� ���• CP,ROLE A.HASEMP.N / :5,,�'�.��� PlOTH.RY PUBLIC-MINhESOTA ,ti E��};�, HEN�IEFlN COUNTY - � �'Y�` My CommisSlG(1 EYpiCES Jzn.31,2000 �;} NOTARY PUBLIC —K�:� ���.�� r?���x:�-=,�=�"':��:::_,:" • . 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 foregoin� instrument,and . acknowledged that he (they) executed the same as his (their) free act and deed. � � NOTARY PUBLIC � Page 4 of 5 y • • .� . Exhibit A � . � - � � 4 � � 3 � �� . . LEGAL DESCRIPTION Thati parti of the Northeast 1/4� of the 2torthwest � 1/4 of � Section b, To�rnship 117 , Range 2s deaarib ed as Yo llvaq s :Be ginning et the Northeast corner of the South�rest 1/4 of the 14ortheast 1/4 oF the NorthRest 1/4 oP Seation b;thenae �Pest along the North lins of th� South�est 1/4 oi' said Northeast 1/4 o.f Northwest 1/4 0� Section 6, a distance of .1H _sosis; thence South and parallel�with the ►7est line of said Plortheast 1/4 oP Northwest 1/4 to South line of said . Northeas� 1/� of NorthRest 1/4 0� Section d; thence East elong South line of 2lortheast 1/4 of NorthRest 1/4 of' Section 6, 28 rods ; tihenae North a distance o� 48 rod.s to a point 10 rods East of the Y{eat line oY the North�.st 1/4 oY Northeast 1/� o� Northwest 1/4 . oi Section b ; ✓�hence P�est lU rods to West line oi' said Northeast 1/� o�' Northeast 1/� oP Northwest 1/4 0� Section b ; thence South to point of de�inning, all in e.ad part of Section 6, To�rnship 117 , Hange 28; Alsa a strip oY land �3 1/4 feet wide on each eide of a line drawn Yrom a poin� on the North lins of North�vest 1/4 oY Section b, To4rnship 117 , Range 23 a distance of 10 1/� rods East of Northwest corner of Northeast 1/4 o.Y Northeast 1/4 of Northwest 1/4 of said Section o;thenae South a distanae o� 3` rods to a point 10 1/2 rods . �as�� or �test line oi' Northeast 1/4 of' Plortheast 1/4 0�' North�rest 1/4 � of said Section 6, To�nship 11? , Range L�. � � (Not e:The strip o� land 8 1/4 Peet wid e on �each side of' �he� line aeove descrided is included in the above caption for purpose af s�orring title to an eas�neut thereon which is ap urtenant to the balance of the premises covered bp above caption� � •�,� , � , � . � 5of5 . .