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Home My WebLink AboutResolution 2122 f `a A r . . ^ 4 � C�t� o� ORONO . RESOLUTION OF THE CITY COUNCIL .� � NO. 2122 � • - • • A RESOLDTIOPi GRANTING A CONDITIONAL DSE PERMIT PER MONICIPAL ZONING CODE SECTION 10.20, SIIBDIVISION 3 (G) FILE #1100 WHEREAS, Michael Plank (hereinafter "the applicant") is the owner of the property located at 4145 Watertown Road within the City of Orono (hereinafter "City") and legally described follows: Exhibit "A" , attached; and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the construction and use of a guest house per Municipal Zoning Code Section 10.20, Subdivision 3 (G). � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File #1100. 2. The property is located in the RR-lA Single Family Rural Residential Zoning District. . 3. On January 20, 1987, the Orono Planning Commission reviewed the application as proposed and recommended approval, finding that: • A) The property contains in excess of the 10 dry buildable acres required for a guest house use in this 5-acre minimum lot . area zoning district. B) The proposed guest house location can meet the lot area, lot width, and setback standards in order to be suitable for future subdivision. C) The applicant's intent is to eventually subdivide so that this guest house will become a principal residence within its own defined legal lot. , D) The septic testing report submitted indicated the proposed house location will have suitable primary and alternate drainfield sites. • Page 1 of 4 . � .r . < � � � � C�tY o� ORONO `� T !/ ��3'kn.:�.: .9.;..�ij • I t�Y�y ..Y � :.� . ..� � *r �:?'' RESOLUTION OF THE CITY COUNCIL � � � � ': NO. 2122 :t, � '�",� '' ,�, • ' • • . +i`:t�8i=a-'�� 4. Access to the guest house should ultimately be via applicant's existing driveway in order to avoid additional curb cuts on Watertown Road, until such time that a subdivision is created, at which time access to the entire property and surrounding properties should be addressed comprehensively. � 5. Because the Council recognizes the applicant's ultimate intent for the proposed structure is other than a guest house use, Council finds it appropriate to require some form of security to ensure that a second principal residential use does not occur on the property prior to subdivision. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applican� and the effect of the proposed use on the health, safety and welfare of the community. • 7. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to allow the construction and use of a guest house 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 wil 1 be in keeping with the intent and objectives of the Zoning Code 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 construction and use of a guest house, subject to the following conditions: 1. Applicant shall be responsible for obtaining a temporary access permit from the City for purposes of transporting the proposed structure on to the property. Such permit shall be granted subject to appropriate drainage and traffic controls being provided by applicant. The duration of such permit may be limited or extended at the discretion of the City, but in no case shall exceed a period of 60 days. After that access permit expires, all access for construction and use of the guest house shall be via the applicant's existing driveway. � • 2. A Certificate of Occupancy will be granted upon completion of the guest house. The guest house is for the sole use of the occupants of the principal building, including their non-paying guests or domestic employees. � Page 2 of 4 c • . ' • l��r j��"t'rf . • ` . � y _ Clt� o� ORONO _ . �fi;.�i:. • . �� L.`,4� ,. RESOLUTION OF THE CITY COUNCIL '"� ., NO. 212 2 • <° • - • • 3. Applicant shall provide security in the amount of $2,000 to be forfeited as a penalty if rental or other dual-principal-dwelling use of the property occurs prior to completion of the appropriate subdivision. (The security shall be returned to the applicant when the subdivision is completed.) Such use shall be considered a violation of the Zoning Code and of the conditions of this permit, and shall be considered to occur at such time that the second structure on the property is o�cupied for a period of 30 days or more by any person who is not a non=rent-paying relative, guest, or full-time employee of the occupants of the principal dwelling. 4. This conditional use permit does not prohibit the use of the new structure as principal dwelling when at the same time the existing residence is reverted to a guest house use under the conditions specified herein. 5. Applicant, in signing this document, acknowledges that applicant is � liable for completion of the subdivision prior to any dual- principal-dwelling use of the property. No time limit is set for • completion of that subdivision under the terms of this conditional use permit. The City of Orono is under no obligation to approve such a subdivision solely based on the issuance of this conditional use permit. The applicant has selected a site for the proposed guest house based on his understanding of the City Code requirements, but absent the additional necessary information normally required with a formal subdivision application, the City cannot verify whether the conceptual subdivision �ketched by applicant's surveyor will allow a • future third building site. 6. Violation of or non-compliance with any of the terms and condi- tions 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. 7. 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 Counci 1 on this 9th day of February, 198 . ATT T: � � <�� , othy M allin, City Clerk Jame R. Grabek, � . • Property wner(s) : � Page 3 of 4 . � .'. �A� ' � `� . ° � C�t� o� ORONO �` r: . >: �� t y �t"M � �� F j';^ �• °;T� n �' ' RESOLUTION OF THE CITY COUNCIL � NO. 2122 �� ►.� , 6', .,.• -..• ...: , . . _:{ . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On t h i s /�� d a y o f ��D/''(,(, `, 19 81 before me a Notary Public within and for said cou y, personally . appeared �jC�pJ/ �Q, Pj�� 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. :1� NOT PUBLIC � • IIOR��i�/�i�` N�oT� 1l�+IM�N�1 COUNTY w�� oZ . MY COMMISSION EXPIRES STATE OF MINNESOTA ) ' )ss. COUNTY OF HENNEPIN ) On this day of , 198 , 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 � . �� _ ; y _ __ _ . * . � __ . . .. -__ ._ . r � , ;. _ �` __ _' � ____ _ -__ __ ' - . ` - EXHIBIT A � RESOLUTION N0. 2122 LEGAL DESCRIPTION __ That part of the Southeast quarter of the PJortheast - quarter lying West of the East 742.50 feet thereof, South of the centerline of Watertown .Road, and East :� • of a line hereinafter referred to as "Lin� A"�, - ---- - _ said "Line A" being described as follows: Commencing : at the Southwest corner of sa�d .Southeast quarter of the Northeast quarter; ti�ence East along th� South line of said Southeast quarter of the Northeast quarter a distance of 170 feet to the point of • : • beginning of said "Line A"; thence deflecting left __._ _. _ 77°: to said centerline, and said "I_ine A" there ending; � . That part of the East half of the Southeast quarter described as beginning at tti� �•dorth�•�est corner of . • . said East �half of the Southeast quarter; thence East �`� 577.5 feet along the North �line of said East half of the Southeast quartPr;• thence South 1509.75 feet t;•.� • parallel with the ;%�lest line of said East half of the _. _ Southeast quarter; thence West paral�lel with the North � � line of said East half of �the Southeast quarter to� � said West line; thence North to the point of beginning, • EXCEPT that part of the North 330 feet thereof lying � West of the southerly extension of said "Line A"; ALSO EXCEPT that part thereof �described as follows; Beginning at a point in the West line of said �ast half of the Southeast quarter distant 15 feet South from the Northwest corner of the Southeast quarter of said Southeast quarter; th�nce Southeasterly on a 3� degr.ee 00 minute right curve to a point on the south line of the North 1509.%5 feet of said East half of the southeast quarter distant 455 feet East . from the point of intersection of said South linP of the North 1509.75 feet with the West line of said East ha'lf of the Southeast quarter; thence West to sai.d point of intersection; thence �Vorth to the point of beginning, . All in Section 31 , Township 11� North, Range 23 West of the 5th Principal Meridian, xennepin County, MN. , � -