HomeMy WebLinkAbout1987-06-22 Resolution 2204r
4 City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2204
s " • "' �, A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (C) a 9 (D)
AND SECTION 10.25, SUBDIVISION 5 (A),
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTION 10.20, SUBDIVISION 3 (G)
FILE i1119
WHEREAS, Craigbank Associates and W. Duncan MacMillan
(hereinafter "the applicant") is the owner of the property located at 1700
Fox Street within the City of Orono (hereinafter "City") and legally
described as follows:
Exhibit A, attached (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City of Orono
to permit the construction of certain structures as follows:
A. Caretaker residence (detached) of total floor area 2,810 s.f.
located between the defined front lot line and the principal building
on the property, requiring a variance to Section 10.03, Subdivision 9
(C) which allows a maximum floor area of 1,000 s.f. for accessory
structures; and a variance to Section 10.03, Subdivision 9 (D) which
requires that no accessory structure be located nearer the front lot
line than the principal building on the property; and a conditional
use permit for a guest house use as required in Section 10.20,
Subdivision 3 (G).
B. Sports center recreational accessory building (detached) of total
floor area 15,875 s.f. located between the defined front lot line and
the principal building on the property, and such structure having a
defined building height of 33 feet and a peak height of 40 feet,
requiring a variance to Section 10.03, Subdivision 9 (C) which allows
a maximum floor area of 1,000 s.f. for accessory structures; and a
variance to Section 10.03, Subdivision 9 (D) which requires that no
accessory structure be located nearer the front lot line than the
principal building on the property; and a variance to Section 10.28,
Subdivision 5 (A) which requires that no structure or building shall
exceed A stories or 30 feet in height.
Minnesota:
NON, THRURFORN, SE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1119.
2. The property is located in the RR-lB Single Family Rural
Residential Zoning District.
Page 1 of 7
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2204
3. The property contains approximately 13.5 dry buildable acres in
area.
4. The Orono Planning Commission reviewed this application at a
public hearing on March 16 and April 10, 1987 at which time comments
were heard from all interested parties.
5. The Orono City Council reviewed this application on May 11, 1987
and voted 4-1 to grant approval of the proposed variances and
conditional use permit, and directed staff to draft a resolution of
approval.
6. The hardships and areas of practical difficulty for justification
of the requested variances as outlined by the applicant in his memo
submitted to the City on May 5, 1987, are as follows:
A) As evidenced by the soil samples taken on the property the
water table is very high. Several samples indicate that the
water level is only 4 to 5 feet below the land surface. The
overall height of the tennis facility could be reduced by placing
it deeper into the ground but for the level of the water table.
Additionally, the composition of the soil also dictates the
location of the facility. To move the building from the present
designed location would require extensive soil correction. Both
soil composition and water table level are out of control of the
applicants.
B) The main residential structure is French provincial in
design. To move the tennis facility closer to or attach it to
the main residence would severely affect the aesthetics of the
residence and thus destroy the architectural integrity of the
building. Great care has been taken to design and landscape the
tennis structure in such a way as to make it as unobtrusive as
possible. To relocate the structure may cause it to be more
visible from Fox Street then it will be in its proposed location.
C) Under the City Ordinances the construction of a tennis court
is a permitted use within Zone RR-lB and is considered an
"accessory structure". The size of a tennis court is
approximately 60'xl2O', for a total of 7,200 square feet. It is
impossible to enclose a tennir- court (a permitted use) and have
it less than 10-12,000 square feet after taking into
consideration perimeter area needed around the court, changing
areas and storage.
Page 2 of 7
city of OR,ONO
RESOLUTION OF THE CITY COUNCIL
Q
NO. 2204
0) The Orono ordinance governing set back of accessory
structures from the "front yard" is geared to the normal
positioning of a house to the street, i.e. the house normally
faces the street and is located a very short distance from the
street. The ordinance is intended to help preserve the character
of the neighborhood as to not allow accessory structures such as
garages, sheds, etc. in the "front yard" which can have a
detrimental visual impact to the neighborhood. Here, the
property is approximately 13.5 acres with the residence
overlooking a small pond. The residence has its back to Fox
Street (a full 400 feet from the street), and is barely visible
from Fox Street. Clearly, this situation does not fall within
the original and normal intent of the ordinance and definition of
"front yard". The caretaker house and the tennis structure would
be set back 125 and 150 feet, respectively, from Fox Street.
There would be no detrimental visual impact on the neighborhood
by allowing a variance from the "front yard" ordinance. Land-
scaping which would shield the structure from Fox Street has been
incorporated into the design.
E) Because of the size of the property and the landscaping
design, the essential character of the neighborhood will not be
altered by allowing the variances.
7. The proposed caretaker residence meets all performance standards
of Section 10.20, Subdivision 3 (G).
S. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicant and the effect of the proposed
variances on the health, safety and welfare of the community.
9. The City Council finds that the conditions existing on this pro-
perty are peculiar to it and do not apply generally to other property
in this zoning district; that granting the variances would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable hardship or difficulty; 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.
10. The City Council finds that granting a conditional use permit to
allow the guest house use for a caretaker residence 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 it depreciate surrounding
property values and that the proposed level of use of the property
will be in 3-eeping with the intent and objectives of the Zoning Code
and Comprehensive Plan of the City.
Page 3 of 7
City of ORONO
1` RESOLUTION Of THE CITY COUNCIL
NO. 2204
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants the following variances:
A. A variance to Section 10.03, Subdivision 9 (C) to allow
construction of a detached sports center recreational accessory
building of 16,875 s.f. in total floor area and a detached caretaker
residence of 2,810 s.f. in total area, which accessory structures are
normally required to not exceed 1,000 s.f. in area;
B. A variance to Section 10.02, Subdivision 9 (D) to allow the sport
center structure and caretaker residence structure to be located as
proposed between the defined front lot line and the principal building
on the property, such accessory structures not normally allowed to be
located nearer the front lot line than the principal building on the
property;
C. A variance to Section 10.28, Subdivision 5 (A) to allow the sport
center structure to attain a defined height of 33' and maximum peak
height of 40' where the defined maximum height allowed is normally
30';
and hereby grants a conditional use permit per Section 10.20, Subdivision 3
(G) to permit the guest house use of the proposed caretaker residence
structure, subject to the following conditions:
1. This approval is for construction of the structures and driveway
as shown on attached exhibits as follows:
Exhibit B-1: Site Plan
Exhibit B-2: Sports Center
Exhibit B-3: Caretaker Residence
Exhibit B-4: Screening
Any changes in plans which result in a relocation of structures or
driveway, or which result in an increase to the f loor area or height
of either proposed structure, or which result in a reduction in the
degree of screening proposed, shall be required to be approved by the
City Council.
2. This resolution shall not become effective and shall not be filed
in the chain of title of the property until the City Attorney has
reviewed and approved a covenant to be agreed to by the property
owner. The purpose of such covenant is to Asure to the City the
following:
Page 4 of 7
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2204
The sports center structure
commercial purposes but shall be used
for their private use, and for the
non-paying guests.
shall never be used for
only by the property owners
use of their families, and
B) The sports center structure shall be adequately screened from
the public roadway and from the neighboring residences so as not
to appear as a commercial -type structure.
^) Access to the sports center structure shall never be directly
rta the public roadway but shall access from the private
.iveway.
D) The sports center shall never be sold separately from the
main residential structure on the property.
E) If the property is subdivided, the principal residential
structure and the sports center facility shall remain on a parcel
of property that maintains at least 13.5 acres in area and
maintains at least a 150' setback between the sports center and
all newly created property lines, and maintains appropriate
screening of the sports center.
3. The caretaker residence shall be for the sole use of the owners or
occupants of the principal residence and their domestic employees or
non-paying guests. The caretaker residence shall not become a
separately rented dwelling unit.
4. During construction of the private driveway, caretaker residence
and sports center, all construction traffic that exceeds 9 tons per
axle shall access Fox Street via South Brown Road and not from South
Orono Orchard Road. This weight limit shall remain in effect until
such time that a Certificate of occupancy is issued for the sports
center structure, except during periods of even more stringent
seasonal road restrictions.
5. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or the special conditions of this resolution will
expire on that date (June 22, 1988).
6. Violation of or non-compliance with any of the terms and condi-
tions 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.
7. The undersigned applicant has read, understood and hereby agrees
to the terns 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, and hereby agrees to
the recording of the covenant (referenced in Condition 2, above) in
the chain of title.
pegs % of 7
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2204
Adopted by the Orono City Council on this 22nd day of
June , 19 87
AT77T s
I
Do othy M4 T
1 in, •City Clerk Jame R. Gr , Mayor
WY-. 1,--
Property Owner(s)
Page 6 of 7
City of ORONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2204
On this day of , 198
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
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)as.
COUNTY OF HENNEPIN )
On this .2STA day of JVKEL , 198 ,, before me
a Notary Public within and for said County, personally appeared
yd' QVKC�N known to me to be the
persondescribed n and who executed the foregoing instrument,
and acknowledged that he (tat) executed the same as his
4ti�eW— ) free act and deed.
■ TODD D. ANDftM
}� NOTARY PUBLIC—MINNESOTA
HENNEPIN COUNTY
Mr Comm. Eipnes Aug. 7. 1"?
rvVwvvrvA W r
ARY PUBLIC
MY COMMISSION EXPIRES
Page 7 of 7
EXHTBIT A
RESOLUTION NO. 2204
DESCRIPTION:
Part of the Northeast Quarter of the Southeast Quarter (NE 1/4,
SE 1/4) of Section Three (3), Township One Hundred Seventeen
(117), North of Range Twenty-three (23) West of the Fifth
Principal Meridian, according to the U.S. Government Survey as
follows: Commencing at the Southwest corner of Northeast Quarter
of the Southeast Quarter (NE 1/4, SE 1/4), thence East along the
South line of said Northeast Quarter of the Southeast Quarter (NE
1/4. SE 1/4), Nine Hundred One (901) feet more or less to a point
Four Hundred Twenty-nine and five tenths (429.5) feet West of the
Southeast Corner of said Northeast Quarter of the Southeast
Quarter (NE 1/4, SE 1/4), thence deflecting to the left at an
angle of 124° 58' from the last described course One Hundred Two
(102) feet; thence deflecting to the right at an angle of 110
from the last described course Fifty (50) feet; thence deflecting
to the right at an angle of 150 30' from the last described course
Fifty (50) feet; thence deflecting to the right at an angle of 110
15' from the last described course One Hundred (100) feet; thence
deflecting to the right at an angle of 30 50' from the last
described course One Hundred (100) feet; thence deflecting to the
right at an angle of 40 58' from the last described course One
Hundred (100) feet; thence deflecting to the right at an angle of
10 41' from the last described course Ninety-two (92) feet;
thence deflecting to the left at an angle of 130 31' from the
last described course One Hundred Eighty and Five tenths (180.5)
feet to a point in the lake on said property; thence Westerly on
a line parallel with said South line of the Northeast Quarter of
the Southeast Quarter (NE 1/4, SE 1/4), Eight Hundred Seventy-two
and Seventy-five Hundredths (872.75) feet more or less to the
West line thereof, thence South along the West line thereof Seven
Hundred Forty-four and Eighty-five Hundredths (744.85) feet to
the point of beginning.
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9
DECLARATION OF COVENANTS
This Declaration of Covenants is made and entered into
this 13th day of July , 1987 by and oetween Craigbank
Associat' tes, a Minnesuta General Partnership ("Craigbank") and the
City of Orono, a Minnesota municipal_ corporation ("City").
WHEREAS, Craigbank is the owner of a certain tract of :and
located in the City of Orono, County of Hennepin, State of
Minnesota, legally described in the attached Exhibit A
("Property"), which is made a part of this document; and
WHEREAS, Craigbank has made application to the City for a
variance and conditional use permit to build an enclosed sports
recreational accessory building ("Sports Center"); and
WHEREAS, the City Council granted the application on June
22, 1987 subject to Craigbank meeting certain conditions set forth
in Resolution No. 2204.
Now, THEREFORE, in consileration of the approval granted to
^_raltjbank as set forth in Resolution No. 2204, Craigbank does
covenant with the City as follows:
1. That the Sports Center shall never be used for
commercial purposes but shall be used solely by the
property owners for their private use and for the use
of the property owners, their families and non-paying
guests.
2. That if the Property is ever subdivided, the
principal residential structure currently existing on
the property and Sports Center shall remain on a
parcel of property that maintains at least 13.5 acres
in area and maintains at least a 150 foot setback
between the Sports Center and all newly created
property lines.
3. That the Sports Center shall never be soli separately
from the main r-�sidetitial structure currently
existing on the Property.
4. That access to the Sports Center shall be solely from
the private dLiveway on the Property as set forth in
Exhibit S-1 of Resolution No. 2204.
5. That the Sports renter structure shall be adequately
screened as describe(I in Exhibits B-1 througr 9-4,
inclusive, of Resolution No. 2204 from the public
roadway and from the neighboring residences so as not
to appear as a commercial structure.
6. That violation of this Covenant shalt void Resolution
No. 2204 in its entirety including all the rights
conferred upon Craigbank therein.
7. This Declaration shall be filed in the Office of the
County Recorder, Hennepin County
8. This Declaration may be amended only in writing duly
executed by the parties hereto or their heirs,
successors and assigns.
9. This Declaration shall be binding upon and inure to
the benefit of the parties hereto, their heirs,
successors and assigns.
CRAIGBANK ASSOCIATES l(�
By �J ti iv,--� �.� r �U(t-•
A General Partner
CITY OF ORONO
This Instrument Was Drafted By:
Popham, Haik, Schnobrich i Kaufman Ltd.
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, Minnesota 55402
EXHIBIT A
RESOLUTION NO. M�;t0y_
DESCRIPTION:
Part of the Northeast Quarter of the Southeast Quarter (NE 1/4,
SE 1/4) of Section Three (3), Township One Hundred Seventeen
'(:17), North of Range Twenty-three (23) West of the Fifth
,erincipal Meridian, according to the U.S. Government Survey as
follows: Commencing at the Southwest corner of Northeast Quarter
of the Southeast Quarter (NE 1/4, SE 1/4), thence East along the
South line of said Northeast Quarter of the Southeast Quarter (NE
1/4, SE 1/4), Nine Hundred One (901) feet more or less to a point
Four Hundred Twenty-nine and five tenths (429.5) feet West of the
Southeast Corner of said Northeast Quarter of the Southeast
Quarter (NE 1/4, SE 1/4), thence deflecting to the left at an
angle of 124° 58' from the last described course One Hundred Two
(102) feet; thence deflecting to the right at an angle of 110
from the last described course Fifty (50) feet; thence deflecting
to the right at an angle of 150 30' from the last described course
Fifty (50) feet; thence deflecting to the right at an angle of 110
45' from the last described course One Hundred (100) feet; thence
deflecting to the right at an angle of 30 50' from the last
described course One Hundred (100) feet; thence deflecting to the
right at an angle of 40 58' from the last described course One
Hundred (100) feet; thence deflecting to the right at an angle of
10 41' from the last described course Ninety-two (92) feet;
thence deflecting to the left at an angle of 130 31' from the
last described course One Hundred Eighty and Five tenths (180.5)
feet to a point in the lake on said property; thence Westerly on
a line parallel with said South line of the Northeast Quarter of
the Southeast Quarter (NE 1/4, SE 1/4), Eight Hundred Seventy-two
and Seventy-five Hundredths (872.75) feet more or less to the
West line thereof, thence South along the West line thereof Seven
Hundred Forty-four and Eighty-five Hundredths (744.85) feet to
the point of beginning.
ACKNOWLEDGMENTS
STATE. OF MINNESOTA )
)ss
COUNTY OF k�I eftj )
The foregoing was acknowledged before me this f'W day
of .,% , 1987, by PV- bUNCA r 1q*Af14J4N a General Partner of
Craigbank Associates, a Minnesota general partnership, on behalf
of the partnership.
TODD D. ANDW"
NOTARY PUBLIC—MINNESM l
HENNEPIN COUNTY
Mr Caen. E W-06 Aug. 7. 190
r •
Notary Public
STAT':: OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this 13th day
of July , 1987, by James Grabek and Dorothy Hallin the Mayor and
City Clerk respectively of the City of Orono, a Minnesota
municipal corporation, on behalf of the City.
il'%� - - ------- 4i
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J,l 7
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Notary Public
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