HomeMy WebLinkAboutResolution 1500 . h
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Cit� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
• NO. 150 0
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GRANTING A CONDITIONAL USE PERIKIT PER
MUNICIPAL ZONING CODE SECTION 34.721 FILE 738
• Whereas , Kip Nelson is the owner (hereafter "applicant" ) of
a property located at 4580 Watertown Road and has made application to
the City•of Orono , hereafter "City" , to permit a guest house use of a
second residence at the property legally described as :
see exhibit A, attached
(hereafter "the property") .
. NOW THEREFORE BE IT RESOLVED by the City Council of Orono ,
Minnesota :
FIAIDINGS
• l. This application was reviewed �as zoning file No . 738 .
2. The property is located in the RR-lA Rural Residential Zoning
District . •
� 3. The older of the two residences on the property was constructed
sometime in the late 1920s and the other residence sometime in the late
1940s .
4. Prior to 1978 , the older residence was rented and the newer
residence served as the prir�cipal homestead .
5. The two residences on the single lot became legal nonconforming
uses at the time the RR-lA zoning district was created in 1967 now
requiring 5 �cre minimum in area and' 300 fee�t of lot width per
residential unit. �
6 . The property coritains approximately 6. 5 acres in area and at its
widest point has 290 feet of frontage along the public road .
• 7. A second residential unit has existed on the property for over 40
years.
8. The older residence was rented up to 1978 at the time the property
was purchased by the applicant .
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` ;Ci.ty o�� ORONO
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RESOLUTION OF THE CITY COUNCI L
� NO. 150 0
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9 . The applicant has used both structures as residences since 19780
10. Both residences are served by a single curb cut and shared driveway.
11 . Both residences are served by one well and septic system. The
septic s,ystem shows no sign of failing . �
12. Council grants a variance to the lot area and lot width performance
standard as required per Ordinance 34.721 based on the followinq
findings:
a) The two residences existed as legal nonconforming uses up to
1978 when the property was purchased by the applicant and rental
of the second residence ceased .
b) Both residences are habitable and may be used without
endangering the safety of those who use the structures.
• c) Both structures have served the applicant as a
residence/homestead since 1978. .
13 . Since the rezoning in 1967, an addition was made to the older
structure, at that time a nonconforming structure/use , without a �
buildinq permit and in violation of Ordinance 31 .108 of the municipal
code because it resulted in an expansion of a nonconforming use .
14. The addition may remain if the older residence is approved for guest
house use, a legal conforming use, and the required building permits•
obtained by the applicant.
15. The City Council has considered .this application including the
reports by staff and comments of the applicant and the effect of the
proposed use on the health , safety and welfare .of the community.
16. The City Council� finds that granting a Conditional Use Permit to
allow the guest house use of a second res�idence on the property will not
be detrimental to the health, safety or general welfare of the public ,
would not adversely affect light , air nor pose a fire haz�rd or other
danger to neighboring properties, nor will this use depreciate
surrounding property values and 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.
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� clt� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL
NO. 1500
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings , the Orono City Council hereby grants a
Conditional Use Permit to Kip Nelson for the guest house use of an
existing , second residence on the property subject to the following
conditions :
l . Neither the princi}�al/homestead or guest house structure may
be rented .
2. In lieu of the lot standard variance granted by Council for this
review, theolder residential structure approvedforguest house
use may never be expanded . Building permits may be issued for
the normal maintenance repairs, structural repairs and
incidential alterations.
3. Applicant must obtain an after the fact building permit for the
• addition to the guest house residence.
4 . No other variances are granted or permitted for this
application.
5. Violation of or noncompliance with any of the terms and
conditionsof thisresolutionshallconstituteaviolationof the
, Zoning Code, shallautomatically terminateanyauthority granted
herein, and shall be punishable as a misdemeanor .
6 . The undersigned owner has read , understood and hereby agrees
to the terms of this resolution and on behalf of himself, hereby
agrees to the recording of this resolution in the chain of title of
the property. �
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` c�ty o� oRONo
RESOLUTION OF THE CITY COUNCIL
NO. 1500
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Adopted by the Orono City Council on this llth day of July, 1983 .
ATTEST: CITY OF ORONO
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`A3 erta M. Strom, City Clerk Mary C. ler , Mayor
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Kip son
STATE OF MINNESOTA )
• ) ss.
COUNTY OF HENNEPIIV )
On this /9 day of , 19�:3 , before me, a Notary
Pu� wi hin and fo 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 .
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• �i4TJlRYPUfUC�-Mt�t�NESO�TI� NOTA Y PUBLIf
MENNEPIN COUNTY
Mb►���Wra to��M � I� z� „� �
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes �386.77 .
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City Of Orono
P.O. Box 66
Crystal Bay, Mn 55323 •
473-7357 .
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