HomeMy WebLinkAbout#1434 Resolution 2703City of ORONO
RESOLUTION OF THE CITY COUNCIL
2703 NO. ______ _
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT AND VARIANCE PER
MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (G)
FILE tl434
WHEREAS, Gary Barr (hereinafter "the applicant") is the
owner of the property located at 3034 Casco Point Road within the
City of Orono (hereinafter "City") and legally described as
follows: '
Lot 3, Block 1, Casco Cove, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
conditional use permit and variance to permit the guest house use
of an existing dwelling unit constructed above an existing
detached garage on the property, per Mur,i.cipal Zoning Code·
Section 10.20, Subdivision 3 (G).
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 11434.
2. 'l'he pr.operty is located in the LR-lC. Single Family
Lakeshore Residential Zoning District, requiring a minimum
lot area ~f 0.5 acres.
3, On Auqust 21, 1989, the Orono Planning Commission
reviewed the application and recommended approval on a vote
of 3-2, based upon the following findings:
A) In 1976 a building permit and plumbing permit were
issued to a previous owner of the property to construct
a detached garage including the installation of two
plumbing fixtures in the garage. Subsequent inspection
records indicate a temporary dwelling use of the garage
during construction of a residence on the property.
B) The current property owner (applicant) purchased
the property in April 1979 and was not aware that no
guest house conditional use permit had been obtained
for the dwelling unit above the garage nor did he lcnow
that one was required.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2703
Applicant's past use of the existing guest house
has been to occasionally allow relatives, friends or
acquaintances to live there as a security measure while
appli.cant is out of the state. ·
D) Applicant notes that his future intent would be to
never use the dwelling unit as anything other than a
guest house and he has no intent to use it as a rental
apartment.
E) Municipal Zoning Code Section 10.20, Subdivision 3
(G) requires that a guest house meet all regular lot
requirements. The existing guest house unit is located
10' from the principal residence, hence the 20' setback
required in order to potentially place the guest house
on a separate conforming lot, would be impossible to
obtain. Further, the existing lot area is 0.81 acres
in this 0.5 acre zone. Applicant has been unable to
purchase a .17 acre parcel to his west to increase his
property size nearer to the required 1.0 acres in order
to meet the guest house lot area requirement.
F) The existing guest house unit is more th~n 50' from
all property boundaries, hence continued use of the
unit as a guest house would have no significant visual
impact on the neighborhood.
4, 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 use on the health, safety and
welf~re of the community.
5, The City Council finds that granting a conditional use
.permit to allow continued use of the existing detached
dwelling unit above the garage as a guest house will not be
detrimentFl to the health, safety or welfare of the general
public; would not adversely affect light, air nor pose a
fire hazard or other danger to neighboring properties; nor
would it depreciate surrounding property values, The
Council further finds that the proposed level of use on 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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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2703
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a conditional use permit and
variance per Municipal 7-oning Code Section 10.20, Subdivision 3
(G) to permit continued guest house use of the existing dwelling
unit above the existing detached garage on the property which is
0.81 acres in area where 1.0 acres would normally be required to
accommodate a guest house in the LR-lC zone, and which guest
house is located only 10' from the principal residence where a
20' separation would normally be required between those
structures, subject to the following conditions:
1. The gues.t house may only be used by occupants of the
principal residence, and their domestic employees or non
paying guests.
2. The guest house shall not be rented as a separate
dwelling unit.
3. Utilities for the guest house shall continue to be
metered jointly along with the principal residence.
4. Future rental of the guest house will cause en automatic
revocation of this guest house conditional use permit.
5. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
6. 'l'he undersigned applicant has read, understood and
hereby agrees to the terms of this resolutlon 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.
7. Applicant shall pay the standard $225.00 sewer unit
charge for this seco1;d guest house dwelling unit ln order
for the terms and conditions of this resolution to take
effect.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 2_..,~' 0_3 ___ _
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 25th day of September,
1989.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Edward J. Callahan, Jr., Acting Mayor
ss.
The foregoing instrument was acknowledged before me on
this 25th day of September, 1989, by Edward J. Callahan, Jr. &
Dorothy M. Hallin, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
executed on bcha lf of the Ci ~""'"-~--:e=-,-:-+-i...::......;..;:,,a...u.'-tic!w-,...,..~-----
Nc,~~
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COUNTY OF HENNEPIN
City of ORONO
ss.
RESOLUTION OF THE CITY COUNCIL
NO. _.,..?...,_7.:w0~3'-----
On this /()Jj; day of &-!r')lc>u , 1989
before me a Notary Publis2 within and for said county, personally
appeared (,--('c 1~,1 fl , U(1. CC known to me to be
the person ( s) desicribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
THERESA !., NAAB
HOTAI\Y pueuc -MINNESOTA i
HENNEPIN COUNTY I
IAY commlMl-0<1 ••P11 •• !Hl-92
STATE OF MINNESO'l'A
) ss.
COUNTY OF HENNEPIN)
NOTARY PUBLIC
MY COMMISSION EXP!RES
On this----,-...,....,--.,......,_,... day of---,-,------' 198, before me
a Notary ~ubltc within and for said County, personally appeared
known to me to be the
person(s) described .in and who executed the foregoinginstrument,
and acknowledged that he (they} executed the same as his
(their) fre~ act and deed.
W'TARY PUBLIC
MY COMMISSION EXPIRES
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