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LL} ' RESOLUTION OF THE CITY COUNCIL
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A RESOLIITION GRANTING
A CONDITIONAL DSE PffitMIT AND VARIANCES
� TO MDNICIPAL ZONING CODE
SECTION 10.20, SIIBDIVISION 3 (G) ,
SECTION 10.55, SIIBDIVISION 8 AND
SECTION 10.22, SIIBDIVISIONS 1 AND 2
FIL$ #929
WHERLAS, Lyle E. Rahn. (hereinafter "the applicant") is,�the �9
owner of the property located at 1146 Wildhurst Trail within the City
� of Orono (hereinafter "City") and Iegally described as follows:
Lot 26, "Tonkaview Gardens Hennepin County, Minnesota" (herein-
' af ter "property"); and .
WHEREAS, the applicant has made application to the City of
Orono to permit the use of an existing accessory structure as a guest
house, per Zoning Code Section 10.20, Subdivision 3 (G) granting of
which would necessitate the concurrent granting of variances to lot
� area, Iakeshore setback, average Iakeshore setback, structure within
the 0-75' setback zone, and hardcover, as regulated in Zoning Code
Sections 10.20, Subdivision 3 (G) , 10.55, Subdivision 8 and 10.22,
Subdivision 1 and 2.
NOW, THEREFORE, BE IT R$SOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #929.
2. The property is Iocated in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 0.65 acre in area.
4. The guest house structure in the current Iocation` existed as
a cabin with basement and one story prior to 1974.
5. Applicant was granted lot area and Iot width variances in
1974 and again in 1975 to build a new residence on the property,
subject to the condition that the existing cabin be removed.
, 6. AI.I documentation existing in the official City records
indicates the cabin was to be removed, but does not indicate
• whether the basement or foundation was allowed to remain. The
official minutes of the Council meetings of 1974-75 do not
contain a record of the actual discussion on this application,
but merely state the action taken.
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��� ` '� ,` RESOLUTION OF THE CITY COUNCI L
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7. Applicant has provided testimony from an adjacent neighbor,
from the applicant's builder; from the former City Administrator,
and from the Councilman who made the motion of variance approval
on July 24, 1975, that the intent of the Council was to require
that only the superstructure be removed, allowing the basement to
remain as a guest house. � "
8. The cabin (or first story) of the structure was removed in `��
1975, Ieaving the basement portion, which the appli�cant has
• maintained and used as a guest house since that time.
9. The Orono Planning Commission reviewed this application on
June 17, 1985, October 21, 1985, and November 18, 1985 and
recommended approval of the conditional use permit and variances
based on the foll.owing findings: �
a) The affidavits and I.etters submitted by the applicant
� are sufficient to indicate that the intent of the Council in
1974 and 1975 was to allow the structure to remain as a
guest house.
' b) No neighbors have voiced opposition to the guest house
use or to the structure as it currently exists. There is no
record of complaints about the past guest house use.
c) The structure is partiall.y non-conforming in that it
extends approximately 3' into the 75' setback zone.
d) The intended use as a guest house wiI I not be detri-
mental to the neighborhood, nor will it pose a threat to
health safety or welfare or threaten the surrounding pro-
perties, nor will it depreciate surrounding property values,
and the use as a guest house is in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan.
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e) The variances necessary to be granted are sufficiently
minor so as to justify allowing the structure to remain as a
guest house. The following variances are required:
1. Lot area - 2.0 acres required for guest house in 1
acre zone; existing lot area = 0.65 acres; variance =
1.35 acres (10.20, Subd. 3 (G) ).
• 2. Hardcover in 0-75' setback zone = 52 s.f. = 1�; 0$
allowed (10.22, Subd. 2, 10.55 Subd. 8).
3. Structure in 0-75' zone; none allowed (10.22, Subd.
2, 10.55, Subd. 8 ).
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RESOLUTION OF THE CITY COUNCI L
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'• � • • - 4. Average setback from shoreline (10.22, Subd. 1).
__�•�; The structure is located as much as 50' or more nearer
the lakeshore than the adjacent homes, but in no way
encroaches into the Iake views of the adjacent homes
due to the relative elevations of the structures.
f ) Existing hardcover on the property is approximately
35.5� in the 75-250' setback area. Applicant can feasibly
reduce this to 34.5� by removing plastic sheeting underlying
the stairway on the property. - � .
g) Applicant has addressed and has made prel.iminary p�ans �'?
for solving the drainage and erosion problems existing on
, the property.
10. The City Council finds that the conditions existing on this
property are pecul.iar to it and do not apply �general Iy to other
property in this zoning district; that granting the variance
woul.d not adversely affect traffic conditions, Iight, 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 al Ieviate a demonstrabl.e hardship or difficulty; is
necessary to preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
11. The City Council finds that granting a conditional. use permit
to aI Iow the structure as a guest house will not be detrimental.
to the health, safety or general welfare of the public, would not •
adversel.y affect Iight, air nor pose a fire hazard or other
danger to neighboring properties , nor will it depreciate
surrounding property values and that the proposed Ievel of use of
the property wil 1 be in keeping with the intent and objectives of
the Zoning Code and Comprehensive Plan of the City.
� CONCLIISIONS, ORDffit AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a conditional use permit for use of the
accessory structure at 1146 Wildhurst Trail as a guest�' house per
Zoning Code Section 10.20, Subdivision 3 (G) ; and further grants a
variance to the I.ot area requirement, allowing a total Iot area of
0.65 acres instead of the 2.0 acres required for a main house and
accessory guest house in the LR-1B zoning district per Zoning Code
Section 10.20, Subdivision 3 (G); and further grants variances to the
requirements of Section 10.22, Subdivision 2 and Section 10.55, Sub-
division 8, al.lowing 1$ or 52 s.f. of hardcover in the 0-75' lakeshore
• setback area where 0� hardcover and no structure is normal ly aI lowed,
and allowing 34.5� or 4,075 s.f. of hardcover in the 75-250' setback
area where only 25$ hardcover is normal. Iy allowed; and further
granting a variance to Section 10.22, Subdivision 1 to allow the
existing encroachment into the average lakeshore setback where no
encroachment is normally allowed; subject to the following conditions:
Page 3 of 5
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� ���.����� � Cit o� ORONO � �
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'`` � RESOLUTION OF THE CITY COUNCIL
'�.�" NO. 1892
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1. The guest house shall not be rented out. The guest house
structure may not be expanded.
2. Applicant shall remove the plastic sheeting from underneath
the wide stairway between the house Ievel and the Iower road
Ievel. + �
3. Maximum hardcover a1.lowed in the 0-75' lakeshore setback zone
is Iimited to the existing 52 s.f. Maximum hardcover in the 75-
. ' 250 ' Iakeshore setback zone is limited to 34.5g or 4,075 s.f.
4. Applicant is placed on notice that any drainage or erosion
control system proposed is subject to City review and approval.
5. Violation of or non-compliance with any of the terms and
conditions .of this resolution shall constitute a violation of the
zoning code, shal 1 automatical ly 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 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 Orono City Council on this 9th day of
Dec ber, 1985.
ATT ST:
� . . . . . .
• . . . . . . ._ .
othy M. al.lin, ity Clerk Mary C. B ler, Mayor
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(1) p operty Owner
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RESOLUTION OF THE CITY COUNCIL
� � _ ,�`' NO. 1892 .
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STATE OF MINNESOTA )
, ) ss. . .
COUNTY OF HENNEPIN ) ' ,
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On thi s ��� day of D�-�¢�P` - , 19 8 5 .
before me a oI� tary Public within and for said county, personally .
appeared �.y�,��E �,qeµ�J ,�p �,� �, ,q;.�n1 known to me to be � �_
the persor�(s)described in and who executed the foregoir�g
instrument, and acknowledged that he (they) executed the same as
' his (their) free act and deed.
,�:.�•.
;; �r;� MICHAEL P. GqFFRON
'E��� � NOTAqy pUB��C_M�NNESOTq
NO ARY PUBLIC
'�p'�' HENNEPIN •
.�"� MY Cummission ExpirCOUQ T}� '
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ac* -_ex
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MY COMMIS ION EXPIRES
, STATE OF MINNESOTA )
' )ss. ..
COUNTY OF HENNEPIN ) .
On this day of , 1985, 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
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