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Home My WebLink AboutResolution 2031 .f � _ , C�t� o� ORONO • ^... 3 Y i� . ._ � ' . RESOWTION OF THE CITY COUNCIL �� 2030 �- '�: NO. � • - • � • .r. A RESOLDTION GRANTING A VARIANCL AND CONDITIONAL IISE P$RMIT PB�t MDNICIPAL ZOPTING CODE SBCTION 10.08, SUBDIVISION 3 (A) (7) FILE #1044 WHER$AS, James Ericson and Vicki Rizzolo (hereinafter "the applicants") are the owners of the property located at 115 Luce Line Ridge within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, Block 1, Painters Creek, Hennepin County, Minnesota (hereinafter "property"); and WH$R$AS, the applicant has made application to the City of �M Orono to permit� the construction of a guest apartment within the principal residential structure on the property. NOW, THERSFOR�, B$ IT RESOLVED by the City Counci 1 of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1044. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. 3. The property is approximately 3.2 acre in area. 4. The Orono Planning Commission reviewed this application on July 21, 1986, and recommended approval of the proposed variance to allow a temporary second dwelling unit use as a guest apartment per Zoning Code Section 10.08, Subdivision 3 (A) (7) , and recommended approval of the guest apartment conditional use permit based on the following findings: , A) The applicants intend the apartment to be used as a guest apartment only and have no intent to rent the apartment. �'�. B) The apartment, as designed, is on the walkout level of ' the house and may be accessed from within the main house as well as from direct exits to either the garage or the rear yard at the walkout level. Page 1 of 4 _ . , . _... _ .,....._._. . ...._.._,..._._.. _ _ � � , - � ��r Clt� o� ORONO • � � ;, '� RESOLUTION OF THE CITY COUNCIL � ' , �. NO. 20 30 • • • � . 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 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 appli- � cant; 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 allow the temporary guest apartment use 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. CONCLIISIONS, ORDER AN� CONDITIO1dS Based upon one or more of the above findings, the Orono City Council hereby grants a variance and conditional use permit per Municipal Zoning Code Section 10.08, Subdivision 3 (A) (7) to al low the temporary use of a single family dwelling as a two family dwelling by the creation of a guest apartment at the walkout level, subject to the following conditions: l. The main entrance to the house shal 1 remain as an open foyer, forcing the apartment occupant to enter the apartment from within � the main house, as shown on the proposed design plans. 2. This use variance is granted on a temporary basis and shall expire at such time that the applicants no longer own the property. Any new owner would have to reapply for the guest apartment use. The temporary variance is not transferable to a new owner without Council approval. 3. The mother-in-law apartment shall not be rented out and is intended for the sole use of the applicants while they are occupants of the principal residence and their non-paying guests • or domestic employees. 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. Page 2 of 4 . . � Ci.t� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 20 30 � � � • - � • 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 Orono City Council on this 31th day _ of Augu t, 1986. , . ATT T: ' thy M allin, City Clerk a C. But � , ayor � �� ` Prop r y 0 r(s) � �• • Page 3 of 4 _ ._ . . ., .._...._ .___..._.�. ... .._.__P.._.___.. _..-- _._ . _. .__.. .. .._.,_.._..,, . . _ __, .�,._..__._..._......_. _ _ ... __.. ._.�..._s_. .. . , . � . . �{�s�-� Ci.t� o� ORONO . ��, � ` ' �= r• ,�. V '� ��• RESOLUTION OF THE CITY COUNCIL �_� �� ` `'� NO. 2030 '`` ;� � • •, STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) �- .. On this �� day of _��P�13�/°� , 1986 before me a Notary Public within and or said county, personally appeared�� , �cKCc,a.� ,e-.NA U►��r �. l2�zzo� known to me to be - the person(s) described in� and who executed the foregoing i.nstrument, and acknowledged that he (they) executed the same as his (their} free act and deed. �� . G,p,FFR��`� / M►CHAEuBp��M1NNESOTA F .�pw. NHENNEP�N }C01�1�TY g�T NOTARY PUBLIC �'�� ' ��_,��ao� � MY�ommisston EXS�aN""'"- eJ � ' �'��'`�"'�'. �u�� l/ /9$'7 MY COMMISSI N EXPIRES STATE OF MINNESOTA ) - )ss. COUNTY OF HENNEPIN ) , On this day of , 1986, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, • and acknowledged that he (they) executed the same as his (their) free act and deed. � NOTARY PUBLIC � MY COMMISSION EXPIRES • . Page 4 of 4 \ , . �. . . . . _. .... . . ._ .,..._.. _. . . . ..__.._.. . '` � " T'"�:► � . . > - . � Clt� o� ORONO / y . '�= � RESOWTION OF THE CITY COUNCIL � NO. • 2031 � • - • • � , A R$SOLIITION GRANTING PRELIMINARY PLAT APPROVED FOR A • PROPERTY LOCATSD AT 2665 FO% STRSET r • APPLICATION NO. 1047 . , WHEREAS, Dennis F. Kumlin, on June 26, 1986, . filed a formal subdivision application with the City for approval of a three lot plat of a property legally described as Lot ,2, Block 1, Foxwood, Hennepin County, Minnesota, (hereinafter "the propertg");,, and � � , , WHER$AS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. s:eq. and the City of Orono Zoning and Subdivision Codes, the Orono Planning Commission held a public hearing on July 21, 1986, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and . � ., . .�� WH$REAS, at their regular meeting held on August 11, 1986, the f Orono City Council considered the subdivision application of Dennis F. Kumlin, (hereinafter "the applicant"), citing the following findings: FINDINGS 1. The property is located within the RR-1B Rural Residential Zoning District requiring a minimum of 2 acres of dry contiguous land within each newly created lot. 2. The property consists of a total 7.49 acres - .54 acres of wetland and 6.95 acres of dry. Each lot satisfies the two acres of dry contiguous land standand. � 3. All three lots shall be served by a private road that will reduce the number of curb cuts onto Fox Street but each lot cannot meet the required 200 feet of frontage along a public road. � 5. The access location of the private.road onto Fox Street has been found to satisfy all sighting standards for a 35 MPH road. 6. A single family residence can be constructed on Lots 1 and 2 without the need of further variances. 7. Septic testing has confirmed that Lot 3 has adequate and suitable � area for future septic expansion needs. ��'' 8. Septic testing has confirmed that Lots 1 and 2 have adequate and suitable area for both a principal and alternate drainfield, meeting all standards of Orono's On-site Septic Code. • 6 Page 1 of 3 . , .; . : .. , .