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HomeMy WebLinkAboutResolution 1673 � . ;�, � ,u�`:r�.� ,,F;9�'. , - ¢� �. �;� c�tv o� oRONo �4���� � ��� d � f �h ` ' `�'`� '�`~ ..�v .�,�� RESOWTION OF THE CITY COUNCIL �` � �f NO. 1673 " • ' •:. .�,, � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.27, SUBD 3(A) - FILE �847 WHEREAS, Catharine Cram is the owner (hereinafter "applicant" ) of a property located at 3760 Watertown Road and has made application to the City of Orono (hereafter "City" ) to permit a guest house use of an attached apartment at the property legally described as follows : That part of the Southwest 1/4 of Section 32 , Township 118 North, Range 23 West of the Fifth Principal Meridian described as follows: Beginning at a point on the East line of said Southwest 1/4 distant 26 5/8 Rods South of the Northeast Corner thereof, thence West parallel with the North line of said Southwest 1/4 a distance of 30 Rods; thence North parallel with the East line of said Southwest 1/4 a : distance of 26 5/8 Rods to the North line thereof; thence West � along said North line to a point 60 Rods East of the Northwest Corner of said Southwest 1/4; thence South parallel with the west line of said Southwest 1/4 a distance of 26 5/8 Rods; thence West parallel with the North line of said Southwest ' 1/4 a distance of 21 Rods; thence South parallel with the West line of said Southwest 1/4 a distance of 26 5/8 Rods to a point 53 1/4 Rods South of the North line of said Southwest 1/4 ; thence West parallel with the North line of said Southwest 1/4 to a point 520 . 5 feet East measured along said parallel line from the West line of said Section; thence South parallel with the West line of said Section to the South line thereof; thence East along said South to the Southeast Corner of the Southwest 1/4 of the Southwest 1/4 of said Section; . thence North along the East line of said Southwest 1/4 of Southwest 1/4 of said Section a distance of 1187 . 73 feet, more or less, to the centerline of the South Minneapolis, and Watertown Road; thence Southeasterly along the centerline of said road to a point thereon distance 10 Rods West at a right angle from the East line of said Southwest 1/4 ; thence North parallel with the east line of said Southwest 1/4 a distance of 8 Rods to a point 30 .28 Rods South of North line of the Southeast 1/4 of the Southwest 1/4 of said Section; thence North along said East line to the point of beginning. Subject to public easement in the South Minneapolis and Watertown Road. Also subject to public easement for road • purposes over the East 33 feet of the above described property; (hereafter "the property" ) . C �f��. . t �� f `, " �a .� �� � ���- Clt� o� ORONO ���`.:la'�..�:� .n.,vnF(Y". • ,: : ,�,x,. ���'` �1�� RESOLUTION OF THE CITY COUNCIL � ��'� NO. 1673 • � • • ' . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Findings l. The, application was reviewed as Zoning File No. 847 . 2. The property is located in the RR-lA Rural Residential Zoning District. � 3. The property containsapproximately82 .5acresin area and has approximately 2, 200 feet of frontage along Watertown Road and approximately 1, 400 feet of frontage along Stubbs Bay Road. 4 . Two separate residences have existed on the property historically and became legal non-conforming uses at the time the RR-lA zoning district was created in 1967 . • 5 . The proposed guest apartment will be the third dwelling unit on the property. In the RR-lA zoning district, each residential unit requires a five acre minimum area and 300 feet of lot width. The property exceeds these requirements for three residential units. 6 . The septic system has been inspected, shows no sign of failing, and appears to be capable of accepting the flows anticipated from the guest apartment. 7 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed land alteration on the health, safety and welfare of the community. 8. The City Council finds that granting a Conditional Use Permit to allow the guest use of an attached apartment 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 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. � � � � ��}� ���Y � �� � c�t �� oR,oNo r � �, ,'��,� `, ? ��; • �,� :::: � ;- . C��T��� RESOLUTION OF THE CITY COUNCIL � � NO. 1673 • - � �.,,_< Conclusions, Order and Conditions Based upon the above findings, the Orono City Council hereby grants a conditional use permit to Catharine Cram for a guest apartment . attached to the existing main house, subject to the following conditions : � l. The guest apartment may not be rented. 2 . No other variances are granted or permitted for this application. 3 . 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. 4 . The undersigned owner has read, understood and hereby agrees to the terms of this resolution and on behalf of himself , his • heirs, successors and assigns, hereby agreesto the recording of this �resolution in the chain of title of the property. Adopted by the Orono City Council on this lOth day of September, 1984 . > ATT •T: � � D othy M alli , City Clerk Mary C. tler, Mayor Pro rty Owner Property Owner(s) Property Owner(s) • . , . a � •;c,,, _ �., ;.� �.�('� r • . ��� � �Fat:��� c�t� o� oR,oNO , z i� � r:�.,�{ - t�,s} � � } `, ''` -��. - . C�^:;�; RESOLUTION OF THE CITY COUNCIL � `.j NO. 1673 . • � • •' STATE OF MINNESOTA ) ) ss . � COUNTY OF HENNEPIN ) On this �OTµ _^ day of s��y►�g�� , 1984 , before me a Notary Public within and for �said County, personally appeared ��4- �� /U� �12�tNt 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 . � �'d.•�,,,r, MICHAEL P. GAFFRON � � . :��� � NOTARYPUBLIC-MINNESOTA �OTARY PUBLIC =,9}I� ' HENNEPIN COUNTY � My Commission Expires June 11,1987 � uN� � 9'S � � � . MY COMMISSIO EXPIRES STATE OF MINNESnTA ) ) ss . COUNTY OF HENNEPIN ) • On this � day of , 1984 , 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 � . r • �` . V �'� • . Clt� o� ORONO � . � ` RESOLUTION OF THE CITY COUNCIL � � NO. 1674 • � • • ' GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.44, SUBD. 5(D) AND (E) - FILE #848 WHEREAS, Lowell Zitzloff (hereafter "the applicant" ) is the owner of the property located at 3542 Shoreline Drive within the City of Orono (hereafter "City" ) , and legally described as follows : Lots 20, 21 and 22, Block 7 Navarre Heights (hereafter "property" ) ; and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10 .44 Subd 5 (D) and (E) to permit the construction of a commercial building.l0 feet from the rear lot line instead of the required 35 feet, and to approve a 10 foot rear yard setback instead of the 30 f�eet required. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, • Minnesota: Findings l. This application was reviewed as Zoning File No. 848 . 2. The property is located in the B-5 Limited Neighborhood Business Zoning District. 3. The Orono Planning Commission reviewed this application on August 20, 1984 and recommended approval � of the proposed variance based upon the following findings: - a) Applicant' s. hardship is the extreme slope on the property. b) Proposed building is a more efficient use of the property due to the earth sheltering effect. c) Proposed plan will eliminate trash and debristhat is now collecting on the property behind the building. d) Locating the building towards the rear lot line will improve present access and reduce parking and traffic problems along Shoreline Drive. • .