HomeMy WebLinkAboutResolution 2041 �
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i �;` ?�,'``,�,���'. RESOLUTlON OF THE CITY COUNCIL
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A It$SOLIITION GRANTING .
. A CONDITIONAL DSE PSRMIT
AND VARIAPTCE
PER MONICIPAL ZONING CODE
SECTION 10.20, SIIBDIVISION 3 (G)
FILE #1042
' WHERTAS, Thomas Maxwell (hereinafter "the applicant") is the
owner of the property located at 3685 and 3725 Watertown Road within
the City of Orono (hereinafter "City") and legally described as
follows:
Parcel A
That part of the Southeast Quarter of the Southwest Quarter of
Section 32, Township 118, Range 23, Hennepin County, Minnesota
described as fol lows:
Beginning at the Southeast corner of said Southeast Quarter of
� the Southwest Quarter; thence west along the south line of said
Southeast Quarter of the Southwest Quarter to the west line of
the east 678.62 feet of said Southeast Quarter of the Southwest
Quarter; thence north parallel with the east line of said South-
east Quarter of the Southwest Quarter to the center I ine of the
Watertown Road; thence Southeasterly, along said centerline to
the west line of the east 462.89 feet of said Southeast Quarter
of the Southwest Quarter; thence South along said west line to
the north 1 ine of the south 16.5 0 f eet of said Southeast Quarter
of the Southwest Quarter; thence east along said north line to
the east line of said Southeast Quarter of the Southwest Quarter;
thence south along said east line to the point of beginning; and
Parcel B
The west 250.00 feet of the east 928.62 feet of the Southeast
Quarter of the Southwest Quarter of Section 32, Township 118,
Range 23, Hennepin County, Minnesota, lying south of the center-
line of Watertown Road; (hereinafter "property"); and
WH$REAS, the applicant has applied to the City of Orono for
a variance and a conditional use permit to permit the guest house use
of the residence at 3725 Watertown Road, which upon lot combination
' will be located on the same property as the principal residence at
3685 Watertown Road, per Municipal Zoning Code Section 10.20,
Subdivision 3 (G).
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_ W, THEREFOR$, BE IT RESOLVED by the City Counci 1 of Orono,
Minne�ta:
FINDIAIGS
1. This application was reviewed as Zoning File #1042.
2. The property is located in the RR-lA Single Family Rural
Residential District.
3. This application was reviewed by the Orono Planning
. Commission on July 21, 19.86.
4. The two parcels contain a total of 9.82 acres of dry
buildable land excluding roadways.
5. The two parcels have existed prior to this time as two
separate tax parcels.
6. An existing barn is located over and on either side of the
dividing line between the two parcels.
• 7. Upon legal combination of the two parcels, the existing barn
will be located at least 150 feet from all neighboring
properties. The applicant intends to replace this barn in the
same general location, meeting al 1 setback requirements.
8. As a result of the combination of the two parcels, the
existing residence, occupied by Arlie Thorpe (applicant's aunt)
at 3725 Watertown Road, will become the second residential
dwel ling unit on the property.
. 9. The applicant intends to maintain the residence at 3725
Watertown Road as a private, non-rental guest house on a
permanent basis, with a life estate to be granted to Arlie
Thorpe.
10. The existing house at 3685 Watertown Road is located
approximately 90' from the front lot Iine where a 100' front lot
line setback is required. The existing house at 3725 Watertown
Road 'is located approximately 25' from the front lot line where a
100' front lot line setback is required. A variance to Section
10.20, Subdivision 3 (G) is required for the guest house, which
does not meet all the lot requirements of the RR-lA Zoning
District.
11. Any future re-subdivision of the property would likely
• require variances to lot area, lot width, front setback, and
setback for a horse barn.
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� • -�,� RESO�UTION OF THE CITY COUNCIL
� NO. 2041
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: 12. The City Council has considered this application including
. � the findings and recommendations of the P2anning Commission,
: reports by staff and comments of the applicant and the effect of
the proposed use on the health, safety and welfare of the
commun i ty.
. 13. The City Council finds that granting a conditional use permit
� to allow the guest house use of the existing residence at 3725
, Watertown Road 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 wi 11 be in
keeping with the intent and objectives of the Zoning Cocle and
' Comprehensive Plan of the City.
• CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a conditional use permit per Municipal Zoning
Code Section 10.20, Subdivision 3 (G) to permit the guest house use of
the existing residence located at 3725 Watertown Road and a lot
standards variance to the requirements of Section 10.20, Subdivision 3
(G), subject to the following conditions:
1. This approval will be effective upon legal combination of
Parcels A and B into one single tax parcel.
� 2. The residence at 3725 Watertown Road is considered as a guest
house, may not be rented, and is for the sole use of the
occupants of the principal residence at 3685 Watertown Road and
their domestic employees or non-paying guests, including Arlie
Thorpe as a life-estate tenant. •
3. Applicant is placed on notice that a future re-subdivision
into � two separate building sites might not be approved by a
future City Council because a number of variances would be re-
quired under current zoning code lot standards.
4. Applicant is placed on notice that the maximum allowable
number of horses on the combined property is 7 horses.
• 5. Violation of or non-compliance with any of the terms and
conditions of this resolution shal 1 constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
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, Ci.t� o� ORONO
� RESOLUTION OF THE CITY COUNCI L
�� NO. 2041
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6. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalt 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 8th day of
Septe� ber, 1986. ,
ATTE T:
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D othy M. allin, City Clerk Mary C. ler, Mayo
Pr e y n r(s)
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Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2041
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �2ND day of ��T'�tg�-�2. , 1986
before me a Notary Public within and for said county, personally
appeared �,�r.,�-S-� � , �/�IAX tN�LL 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.
MICHAEL P. GAFFRON
.��`„ � NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC
• 't g� ' HENNEPIN COUNTY
�y� ,� M Commission ExPires June 11,1Je7
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MY COMMISSION 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
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