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Home My WebLink AboutResolution 2061 r. ° g, + ; v � �� • �� ..t.� c�t� o� oR,oNo � ; �� . RESOLUTION OF THE CITY COUNCIL ,, ,.„,.,.:� „ . � NO. 2061 � ,yy�. � � � � A RESOLDTIOId GRANTING ?C. ��' �' ` A VARIANCE PER MIJNICIPAL ZONIATG CODE SECTION 10.08, SUBDIVISION 3 (A)7 FILE �1068 WH�REAS, Dr. Glen Nelson (hereinafter "the applicant") is the owner of the property located at 500 Tonkawa Road within the City of Orono (hereinafter "City") and legal ly described as follows: Tract B, Registered Land Survey No. 1305, Hennepin County, Minnesota (hereinafter "the property"); and , • �r1HEREAS, the applicant has applied to the City for a variance per Municipal Zoning Code Section 10.08, Subdivision 3 (A) 7 to permit the construction of a non-rental guest apartment attached to the residence at 500 Tonakwa Road. NOW, �H$R$FORE, B$ IT RESOLVED by the City Council of Orono, Minnesota: • FINDI�TGS l. This application was reviewed as Zoning File #1068. 2. The property is located in the LR-1B Single Family I,akeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 15, 1986, and recommended approval of the proposed variance based upon the fol lowing findings: A) The current and intended use of the property is primarily for a single family residence, and that the guest apartment use is intended to serve multiple purposes, including housing of over- night guests and/or live-in help, and to serve as a staging area for entertaining. B) The residence is on a property containing 3.66 acres in area, and the proposed guest apartment use is compatible with the � surrounding properties. 4. The City Council finds that this guest apartment is .unique in that� it contains no direct access to the main living areas of the house except through the garage, hence the guest apartment, although it is attached, can potentially function as a separate guest house, and should be subject to the minimum 2-acre lot area standard in this LR- 1B, 1-acre" zoning district, per Section 10.20, Subdivision 3 (G). • 5. The City Council has considered this application includin the g findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 4 .i, . � �f� �� Clt o� ORONO � • '�`''$'` RESOLUTION OF THE CITY COUNCIL `"�`�` NO. 2061 ...._.• ... � �."�� 6 , 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 property; would not merely serve as a convenience to the applicant, but is necessary to al leviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLDSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance per the Municipal Zoning Code Section 10.08, Subdivision 3 (A)7 to permit the construction of a non-rental guest apartment attached to the residence at 500 Tonkawa Road, subject to the following conditions: � 1. The second dwelling unit is allowed as a guest apartment only, to be used only for relatives and non-paying guests of the current property owners. The unit may not be rented out. �2. The two-family dwel ling or guest-apartment use shall cease at such . time the applicants no longer own the property. Any subsequent property owner must re-apply €or a two-dwelling �xnit use. 3. If this property is ever subdivided, an area of not less than 2.0 acres shal 1 remain with the main residence guest apartment structure, because the combined structures are considered as a total of two dwelling units. 4. Authorities granted by this variance run expressly and solely with the applicant and not with the property, but are permissive only and must be exercised by application for a building permit for construction of the � kitchen facilities within one year of the date of Council. approval, or this variance wilY expire on that date (October 13, 1987) . 5. Violation� of or non-compliance with any of the terms and, conditions of this variance shall constitute a violation of the zoning code, shall automaticaY�y terminate any authority granted herein, and : sha11 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. Page 2 of 4 �, - s 1 T _• • 1 c�t� o� oR,oNo • ^ RESOLUTION OF THE CITY COUNCIL � NO. 2061 • - • � � Adopted by the Orono City Council on this 13th day of October, 1986. ATTE T: � C Do othy M. llin, City Clerk Mary C. tler, Mayor Proper Owner s .�.,, � . • Page 3 of 4 _ . ... d _ � , �� . �� . .�, � .� � City o� ORONO � � RESOLUTION OF THE CITY COUNCIL � NO. 2061 . • - • • . .� STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On .this � (� day of ��-ec efn.ber— , 1986 � before me a Notary Public within and for said county, personally appeared ��e.� � , N�.�SOn o.�c�. V3'�l`��U C .Ne�SOn known to me to be the person(s) described in and ho executed the foregoing instrument, and acknowledged that �� (they) executed the same as ��, (their) free act and deed. r.....- � . �. �� t��yK� �/z'"• MaRY'�H. LAHQ-Hi�l NOTARY PUB C f„�.��, � ra;�r.�� NOTARY PUSLIC hti�f�NESUTA • � �'�.�'�' HENNEPIN COUN7Y My C�mmission Expires Jan. 26, 1991 �.�.�.�.�.. �)a� l9 i 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 acknowleclged that he (they) executed the. same as his � (their) free act and deed. � • • ' NOTARY PUBLIC • MY COMMISSION EXPIRES � � Page 4 of 4 ;