HomeMy WebLinkAboutResolution 3330 �.::. ,..,._ . .. .. . _ .. Y... ;. . . .. , . . . . .
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• �?a�=� � RESOLUTION OF THE CITY�COUNCIL
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� A RESOLUTION GRANTING .
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE �
� � SECTION 10.27, SUBDIVISION 3 AND
VARIANCES TO SECTION 10.03, SUBDIVISION 9 (C) �
. � FILE NO. 1864
WHEREAS, Irwin Jacobs (hereinafter the "applicant") is the owner of the
property located at 1700 Shoreline Drive within the City of Orono (hereinafter "City") and .
legally described as:
refer to Exhibit A (hereinafter "property"); and ,
: WHEREAS, the applicant has made application to the City of Orono per Section
10.27, Subdivision 3 seeking approval of a conditional use permit to construct a caretaker
residence that will replace an existing caretaker residence and variances to Section 10.03, .
Subdivision 9 (C) as structure is an oversized accessory structure at 1,088 s.f..and will result
in a total of six oversized accessory structures on the property where only one is allowed and
where currently six exist and a variance to the allowed total area of accessory structures on a
property proposed at 10,633 s.f. where only 6,000 s.f. in area is allowed and where 10,982.8
� s.f. exist.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
. FINDINGS
l. This application was reviewed as Zoning File #1864. '
2. The property is located in the LR-lA Lakeshore Residential Zoning District
requiring two acres in area. The property consists of a total of 33 acres with 24
acres of dry buildable.
� 3. The Orono Planning Commission reviewed this application on September 20,
1993 and recommended approval of the conditional use permit per Section 10.27,
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Subdivision 3 and the proposed variances to Section 10.30, Subdivision 9 (C),
based on the following findings and hardships:
a. Total area of the property equals 33 acres with 24 acres of dry buildable
land. Based on 2-acre dry contiguous minimum area for a residential unit
with the zoning district, the property at 24 acres of dry buildable well
exceeds the area requirement for four residential units (principal structure,
guest house and two caretaker units).
b. In an earlier variance review involving the property, the issue of oversized
accessory structures was addressed and appropriate covenants were filed
against the Chain of Title of the property for the three non-habitable
, oversized accessory structures (1,414 s.f. detached garage, 2,604 s.f.
� greenhouse, 1,081 s.f. detached garage).
• c. The current accessory structure ordinance does not provide standards for
an estate use. The use is unique and requires special consideration.
d. The caretaker house will be installed on a former 2.7 acre parcel that
could be divided from homestead property meeting all current zoning
standards. -
e. The new residence meets the required 100' structural setback from
Tanager Lake, a recreational development lake. The existing structure is
located 50' from the shoreline.
f. Hardcover within the 75-250' setback area exists at 6,090 s.f. or 2.72% '
and is proposed at 5,649 s.f. or 2.52%.
g. The removal of the existing caretaker house and the construction of the
new at 1,088 s.f. results in a total reduction of accessory structure area
of 349.8 s.f. or 5.8%. ' �"
4. The 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
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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
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5. The Ciry Council finds that granting a conditional use permit to allow the
construction of a guest house 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 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 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
grants variances to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow six
oversized accessory structures on the properry where only one is allowed and to approve a
variance to the allowed total area of accessory structures on the property of 4,633 s.f. or 77%
(allowed 6,000; proposed 10,633 s.f.) and grants a conditional use permit per Municipal Zoning
Code Section 10.27, Subdivision 3 for construction of a guest house, subject to the following
conditions:
1. Applicant shall be responsible for providing septic testing for both principal and
altemate septic treatrnent areas to serve the new residence.
2. Applicant is further advised that the caretaker unit can never be used for rental
purposes while the 2.7 acre parcel remains legally combined with the larger
homestead parcel. .
3. Authorities granted by this resolution run with the properry 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 the special conditions
of this resolution will expire on that date (September 27, 1994).
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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.
6. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 27th day of September, 1993.
AT ST:
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orothy in, City Clerk Edward J. Callah�an, Jr., Mayor
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Property Owner(s) �/
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this 27th day of
September, 1993, 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 City.
l, � LINDA 5. VEE � '
'�,,, NOTARY PUBLIC - MINNESOTA
��r� HENNEPIN COUNTY
�, �;b'� My commission expires &-12-98 Notary Public
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STATE OF MINNESOTA �)
) ss.
COUNTY OF HENNEPIN )
On this /G��=3 day of /.�-�c��rn f�� r' , 199 3 , before me a Notary Public .
within and for said County,personally appeared �.-w� r, ,�. T�c o b`s
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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�NOTARY PUBLIC�—MINNESOTA ._.�°-�-'' �� �'t-,�
SCOtT COUNti1► Notary Public
My Commission Expiros Jul�22.1995
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. 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
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�'���=� RESOLUTION OF THE CITY COUNCIL
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EXHIBIT A �
That part of Government Lots 1 and 2 in Section 10, in
Township 117 of Range 23 which is described as follows, to wit:
Beginning at a point 6 chains west of the meander post in the
southeast corner of said Lot 2 in said Section 10 ; the thence
running north 20 chains more or less, �to the shore of Round Lake,
so-called; thence along and around the westerly and northerly
shore of said Lake to the meander corner in the north shore of
said Lake and between Section 10 and 11 in said Township and
Range; thence north on the section line between said Section 10
and 11 to the southerly line of the right-of-way of the
Minnetonka Branch of the Great Northern Railway thence south-
westerly along said southerly line of said right-of-way to the
point of the intersection of said southerly line of the said
right-of-way with the west line of said Lot l; thence turning and
running in a straight line in a southeasterly direc`tion 654.8
feet, more or less to a point which is 236.8 feet east of the
� west line of said Lot 2 and at the same time 304 feet south of
the north line of said Lot 2 ; thence, south on .a line �paral lel
with and distant 236.8 feet east from the west line of said Lot
2 , 1 , 016. feet moxe or less, to the north shore of Lake
Minnetonka; thence easterly along the said shore of said Lake
Minnetonka to the place of beginning, according to the government
survey thereof; and ,
Lot 2, Block 1, Mil lston, all in Hennepin County, Minnesota.
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