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HomeMy WebLinkAboutResolution 1687 � , ,r � d � - � Clt� o� ORONO � RESOLUTION OF THE CITY COUNCIL . � � NO. 1687 • . • _ . • , A RESOLUTION GRANTING A VARIANCE' AND CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3(G) - FILE #856 WHEREAS, .. Edward L. Beck (hereinafter "the applicant" ) is owner of the property located at 1280 North Arm Drive within the City of Orono (hereinafter "City" ) and legally described as follows : Lots 7 , 8, and 9 , Block 3, Saga Hill Revised (hereafter "property" ) , and WHEREAS, the applicant has made application to the City of Orono to permit the creation of a temporary guest apartment within the walkout level of the existing house at 1280 North Arm Drive by constructing separate kitchen facilities. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS � l. This application was reviewed as zoning file #856 . 2 . The property is located in the LR-1B Single Family Lakeshore Residential Zoning �District. . 3. The property is approximately 0 .75 acre in area. . 4. The Orono Planning Commission reviewed thisapplication ' on September 17 , 1984, and recommended approval of the � proposed variance to the 2 acre lot area requirement for the . temporary second dwelling unit per Zoning Code Section 10 . 08, Subdivision 3 (A) (7 ) , and recommended approval of a conditional use permit for the temporary guest apartment, , subject to the following conditions: a) The guest apartment is for use of family members only. - b) This guest apartment use may not be conveyed to a purchaser of the property. ' c) The guest apartment may not be rented out. � d) This use is subject to City review at the end of four years. page 1 of 4 c � • � C�ty o� ORONO � RESOLUTION OF THE CITY COUNCIL .. � NO. 1687 • • � • • 5. The City Council finds 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 ot neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; if 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. 6. The City Council finds that granting a conditional use permit to the applicant for the temporary guest apartment would not be detrimental to the health, safety or general welfare of the public, nor will it depreciate surrounding • property values and the level of use of the property limited by the pertinent sections for nonconforming uses within the • Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grantsa variance the MunicipalZoning Code Section 10.20, Subdivision 3 (G) to allow installation of kitchen facilities to create a second dwelling unit on a lot of area 0.75 acres where 2. 0 acres are required for a second dwelling unit, and grants a conditional use permit for temporary use of said unit as a guest apartment subject to the following conditions: 1. Use of the guest apartment unit is limited to family members only. • 2. This conditional use permit may not be conveyed or transferred to any purchaser of the property. 3 . The guest apartment unit may not be rented out. 4. This conditional use permit is subject to review at the end of four years (October 15, 1988 ) and subject to yearly staff confirmation of the use. • page 2 of 4 ., . . •,_ ,. ! d C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL . � NO. 1687 • � • • 5. The undersigned applicant has read, understood and hereby agrees to the terms 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. � Adopted by the City Council on this lsth day of October, 1984. ATT T: � . . _�G� ` •- � •. Dorothy Hallin, City Clerk Mary C. ler, Mayor • � r (1 ) Property Owner (2 ) Propert e"r f3 ) Property Owner � . � page 3 of 4 ' '• , ' f - � . : . C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL . � _ NO. 1687 � • � • • • � ' . STATE OF MINNESOTA ) . ) ss . � COUNTY OF I3ENNEPI?� ) � On this ��_ day o� Q��g�� , 1984 , before me a Notary Public within and for said County, personally appeared �1?�.�i�'�t-1> ���EGK k n o wn t o m e t o 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 . � � . �� •:s�wti;;:: MICHAEL P. GAFFRO�V OTARY PUBLIC / ��'!'!iF±� �' NOTARY PUBUC-MINNESOTA � `t HENNEPIPV COUNTY ' .� • . �..�' My Commiss(on Exptres June 11,19�7� m�,.T,�A..,,,� Jutic� l/, /`�8"7 MY COMMISS ON EX IRES STATE OF MINNESnTA ) � ) ss . • _ COUNTY OF HENNEPIN ) On this 'K day of OG�g� , 1984 , before me a Notary Public within and for "sa d County, personally appeared �� '� �G�G 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 . • � � N �� � � p`O ' . C�PNNES°�� , . OTARY PUBLIC . �.Q' �` � 01 M�o�P N�Q�N.�G�'�N,,,�� � ' � J ' • � � . :�°"�`, . NEN�9gt�^�' � �N��� �/ ���� � ' . . :€�'�� My�°,. � � MY COMMISSI N EXPIRES . . . 27�^w page 4 of 4