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Home My WebLink AboutResolution 3567 �. . . � . � O� O O �. CITY of ORONO � � �� G�'� RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. S e5 G `� A RESOLUTION GRANTING VARIANCES TO SECTION 10.27, SUBDIVISION 5 (A & B) AND A CONDITIONAL USE PERMTT PER SECTION 10.27, SUBDIVISION 3 (A) FILE NO. 2015 WHEREAS, Mark J. Harrington and Monica M. Harrington (hereinafter the "applicants") are the owners of the property located at 4080 Bayside and legally described as: Lot 1, Block 1, Popov Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono to permit construction of a 35'x44' 2'h' story addition proposed at a 32'6" height where the code would " allow 30' to be placed 64'9" from the street lot line where the code would require a 100' setback and where the existing structure is located 50'. Per Section 10.27, Subdivision 3 (A) the applicants have also made application for a conditional use permit to permit a guest apartment within the upper level of the addition. , NOW, THEREFORE, BE IT RESOLVED by the City Council ot Oron�, Minnesota: FINDINGS r 1. This application was reviewed as Zoning File �i2015. 2. The property is located in the RR-lA Rural Residential Zoning District requiring five acres in area. The subject propem� consists of 5+ acres. 3. The Orono Planning Commission reviewed this application on May 15, 1995 and recoinmended approval of the variances to Section 10.27, Subdivisions 5 (A & B) as proposed and a conditional use permit per Section 10.27, Subdivision 3 (A) that would ailow a guest house apartment within the upper level of the ne�;� addition. The street setback and height variances were granted based on the following unique findings and hardships: Page 1 of 5 ,• , • . � O� O O , CITY of ORONO � F '�' RESOI.UTION OF THE CITY COUNCIL '�'�� G �kESH�g' NO. _ � 6 '� A. The subject property meets the minunum 5 acre requirement of the RR-lA ioning district. B. The existing residence is located 50' from the street lot line and an addition could not be attached to the structure that would also meet the required 100' setback. C. The addition is located on the only feasible building pad as lot slopes steeply to the north and the east and is heavily wooded with mature trees. D. The present house was built in 1947 prior to current 5 acre zoning standards established in 1975. E. The existing detached two stall garage does not meet the needs of the applicants' growing family and there is a desire to have an attached garage with a family of young children. F. The present detached garage will be removed and the existing driveway � restored to natural ground cover. G. It is necessary to fi113'/z' beneath garage floor in order to create positive drainage away from structure. r H. The height definition requires that the vertical height be determined at the existing elevation at the south side of garage. I. The applicants propose a vaulted ceiling at the upper level. This type of design also has an impact on the height determination. J. The mature oak and spruce trees will buffer the peak of the roof from the roadway and adjacent properties. 4. All standards of the guest apartment section of the code, [Section 10.27, Subdivision 3 (A)] have been satisfactorily met with applicants' proposal. Page 2 of 5 .� o�. 0 0 CITY of ORONO �'� ~'� RESOL TI G U ON OF THE CITY COUNCIL ��kESH�4'� NO. s� � s `7 °� 5. The City Council fmds 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 variance 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council fmds that granting a conditional use permit to allow a guest apartment 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 surrounc�ing 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby I grants variances to Municipal Zoning Code Section 10.27, Subdivision 5 (A & B) and per Section 10.27, Subdivision 3 (A) grants a conditional use permit for a guest apartment subject to the following conditions: 1. Existing septic system is to be upgraded from a three bedroom to five bedr�oom mound system prior to occupancy of new addition. 2. The apartment may never be used for rental purposes but shall serve members of applicants' family, domestic employees or nonpaying guests. 3. Utilities to addition shall continue to be metered through the utilities or meter serving principal residence. 4. A separate address shall not be assigned for the occupants of the guest apartment. 5. Applicants have agreed to remove the detached garage no later than January 1, 1996. The existing driveway area shall be restored to natural ground cover by June 1, 1996. Page 3 of 5 � f ` � � O� O O . ,� � �, CITY of ORONO �� ti G~ RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. '� . �"� 6. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 12, 1996). 7. 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. 8. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, ,hereby agree to the recording of tt�is resolution in the chain of title of the � property. Adopted by the Orono City Council on this 12th day of June, 1995. AT ST: • //�' oroth M. Ilin Cit Clerk � y � Y Edcvard J. Call an, Jr., ayor ^ r ;� i ,,,t� . - _ � . ,Property ner(s) Page 4 of 5 : � • - • � O� O O � CITY of ORONO x� �� G RESOLUTION OF THE CITY COUNCIL �9kESH�g' NO. � � 6 E x STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ci '" LINDA S.VEE ` NOTARY PUBLIC-MiNNESOTA :I' •' HENNEPIN COUNTY `-�••'� My Commission Expires Jan.31,2000 �� " �/-�—�= Notary Public STATE OF MINNESOTA ) , ) ss. � COUNTY OF HENNEPIN ) On this � ;�� day of_�,?�_ , 199 �' , before me a Notary Public within and for said County,person�lly appeared a�,� ,��,�,�„ �„ ,r `y��„�,��, �, ,��,��L �---L� known to me to be the person(s) described in and wh execute the foregoing instrument, an�rYiu�.��, acknowledged that he (they) executed the same as his (their) free act and deed. �.�°•. LINDA S.VEE :�" `' NOTARYPUBLIC-tutINNESOTA =� �'•' HENNEPIN COUNTY %�� -••••'� My Commission Expires Jan.31,2000 �'i'�-L�2l�a..� � �,� , C1 Notary 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 Page 5 of 5 ; . . . . . � . ' RESOLUTION # e� 5 � `� � STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the Ciry of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on ,June 12 , 19g�, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this �13th , day of June , 19��_• . Dorothy M H ' , City Clerk r �� 25�2288 , . ��,,,��t� ��,�,a�.� s � � �� OFFI(;E OF tNE REGI�AR HEN1Y�`rt��t �� ri�'��:�; CQUNTY +�irVNE_SO7A GEF?Tlfil�D F"ILf_�J ON �U� 18 i995 �p� �� '^� REGiSTR,� B1' 7P 7t;'LES DEP�/7Y /�1�� L-e.�� I Se��`c�s 4l ��