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HomeMy WebLinkAboutResolution 2212 \ - / n - �! ' . 4 � .���. . +�� ��'=i3 CitV o� OR,ONO � A ��- �] `{{ti' ��»�`X. V . .�' ..,;-��'�i ,� ' • f�� RESOLUTION OF THE CITY COUNCIL NO. 2212 �� ' A RESOLUTIOAi GRANTING - �F • ' • • A v�a�xc$ To ,. MIINICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 9(C) AND • GRANTING A CONDITIONAL DSE PERMIT PER SECTION 10.20, SIIBDIVISION 3(G) FILE #1143 WHERBAS, Dona ld Wi ldman (hereinaf ter "the app 1 icant") is the owner of the property located at 745 Spring Hill Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A Attached (hereinafter "the property" ) ; and WHER$AS, the applicant has made application to the City of Orono to permit construction of a combinatiori detached garage and guest house per Municipal Zoning Code Section 10.20 Subd. 9 (C) , such accessory structure exceeding the maximum allowable floor area of 1,000 square feet and requiring a variance to Section 10.03 Subd. 9 (C) . NOW, THEREFORE, BE IT RESOY�VED by the City Counci 1 of Orono, •Minnesota: FINDINGS l. This application was reviewed as Zoning File #1143 2. The property is ?ocated in the RR-1B Single Family Rural Residential Zoning District.� " 3. The property is approximately 24 acres in area. 4. The Orono Planning Commission reviewed this application on ' June 15, 1987, and recommended denial of the requested variance and conditional use permit on a 4-2 vote, finding that no hardship exists to justify granting of the requested f loor area variance for the proposed structure which contains 2,435 s.f. f loor area where only 1,000 s.f. of f loor area is normal ly allowed. 5. Council finds that the size of the property at 24 acres creates a legitimate need for storage space for the .equipment and vehicles needed to maintain that size of property, and finds that it would be a hardship and would not be aesthetically pleasing � nor architecturally appropriate to require that the 'functions of the proposed structure be relegated to multiple accessory buildings on the property. � Page 1 of 4 • i ,M , .. . f�t� • ��d� :��k Clt� o� ORONO • ' ;� "D;-r'. .:.w• RESOLUTION OF THE CITY COUNCIL .�� Y,2� NO. 2212 • - •� • : x� . . 6. The Council finds that the proposed location of the structure meets al l the lot requirements of Section 3 (G) for guest house use. The proposed location of the structure will have no effect on neighboring properties, being over 500' from the nearest off- site residence structure. 7. The City Council finds that the conditions existing on this property are peculiar to it and do not apply general ly 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. • 8. The City Council finds that granting a conditional use permit to al low the proposed guest house use wil 1 not be detrimental to the hea 1 th, saf ety or genera 1 we 1 f are of the pub 1 i c, wou ld 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 AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10 . 03 Subd. 9 ( C ) to allow construction of an accessory garage/caretaker residence structure of 2,435 s.f. where accessory structure maximum f loor area of 1,000 s.f. is normal ly al lowed, and granting a conditional use permit for guest house use of that structure per Section 10.20 Subd. 3 (G) , subject to the following conditions: 1. The accessory structure shall be located and per the site plan attached as Exhibit B of this resolution, and shall be constructed per the proposed plans. Any increase in floor area or changes to the location of the structure will be subject to further City review. � 2. The guest house use is approved for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. The guest house shall not be rented out. Page 2 of 4 � y �� C�t o� ORONO � ,� � • RESOLUTION OF THE CITY COUNCIL : � : NO. 2212 • - � � • . long as the guest house use exists, the guest house structure shall remain on a parcel of land also coritaining the principal residence, such parcel of land to contain at least 4.0 acres of dry buildable land and maintaining the normal RR-1B setbacks from the guest house to any proposed future lot lines. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval , or the special coditions of this resolution will expire on that date (July 13, 1988). 5. 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. 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 Or�no City Council on this 13th day of July, 1987 . ATT T: � � i 1 Do othy Hallin, City Clerk Jame`� R. Gra , Mayor � � ��2�Y��--. ' . (1 ) Property Owner • . Page 3 of 4 �� � . ti ,:i�q`rt ` `�� ���' � � Cit o� ORONO " , �' ,u. �����. � �. ,q�` .,,, �j ,^�'�"����:. .. + RESOLUTION OF THE CITY COUNCIL " ' ' � NO. 2212 '�•� � .Q� i • - � �• M;��t�1� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��`� day of �L�-� , 198� before me a No ary Public within and for id county, personally a pp e a r e d �i�'t Q (�t�. �.1�i �U�/'L'14U'1 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. /��'GCL;�`— �ER�BA `. NOTARY PUBLIC ����'M NN SOTA ,� wH�,��N�N� ��-9� MY COMMISSION EXPIRES STATE OF MINNESOTA ) " ` )ss. COUNTY OF HENNEPIN ) On thi s ��� day of �(,L� _, 19 87, bef ore me a �otary Public within and for said ounty, personal ly appeared I)OnQ lc� � • L(�r �C'IWIC�,►-� 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 ��,�+ �, N��e �'f—�--9� w�N �c�o�"�"�°,*� • � MY COMMISSION EXPIRES Page 4 of 4 ` � , . : . J J • �' � LEGAL DESCRIPTION-EXHIBIT A - RESOLUTION N0. 2212 � That part of Government Lot 1 , Section 36, Township 118 , Range 23 , Hennepin County, Minnesota, described as fo].lows: Comm�ncing at the northwest corner of said Government Lot 1; � thence South 0 �egrees 18 minutes 21 seconds Wes�t, along the west line of said Government Lot l , a distance of 582.74 fec:t �to the point of beginning of the tract of land being descr=be3; thence North �7 d�grees 03 minutes 07 seconcls East, a distanc� of 45.63 feet; thence rlorth 15 degrees 12 minutes 57 seconds East a distance of 158 .42 fee�; thence North S1 degrees 48 minutes ��eSreesdlSEminutesd30tseconds 139.55 feet; thence North 71 d g East to the shore of Lake Lydiard; thence southeasicerly, . along �he shore o� Lake Lydiard, to the east line of said � Government Lot 1 ; thenc� South 0 degrees 36 minutes 41 seconds Wes�, along last said east line, a dis�tance of 480 feet, more or less, to the southeast corner of said Govern- ment Lot 1; �hence North 89 degrees 39 minutes 51 seconds West, along �he south line of said Government Lot 1 , a distance of 1335. 14 feet �o the southwest corner of said Government Lot 1 ; thence North 0 degrees 18 minutes 21 seconds Ea.st, along the west line of said Governm�nt Lot 1 , a distance of 741 .40 feet to the point of beginning. � For purposes of this description the south line of said Governmentc Lot 1 , is assumed to bear North 89 degrees 34 minutes 51 seconds West. � . , . , . . . . . - .� � .