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Home My WebLink AboutResolution 2468 1`�.��m n e, . , . ,- . . r� : . ' .. ' ,y�.A�a � ��' ^+.Kd- . '� � , ' . , ti. • j� `� . n`� i .� . . . ��. � - # . � s) � : ir� s '� � �..� . � .,.` � � �a �. �. ' , ... . • , :. ' r ��,� �.,, � f.t . _ . �'. . ~ 'r ,,�G..6;' ..:67....►w ;r!i' �..._3�.... .1 _ .-':' . .._... , ....... ... .. ..a...a�r�. ......,...>.._...a�,._�.,. .. .. . RK.4... ....�-.._,..��a.._...�..a� -.at..::,....:.i:.::�-.L%�(.•r:,:. z �� Cit of ORONO � ir � { • �� ° i��'� RESOLUTiON OF THE CITY COUNCIL � ` ,� ., ,,.�� NO. 2468 � `�� ' • • p A RESOLOTION GRANTING � • A CONDITIONAL USE P�RMIT ;� ' PER 1KUNICIPAL ZONING CODE :, SECTION I0.24, SIIBDIVISION 3 (A) ` FILS #1299 :�; .� `t �TAiH$REAS, Nancy Higgins (�hereinafter "the applicant"') is the owner of the property located at 3017 North Shore Drive within the City of Orono �� (hereinafter '"City'") and legally described as Lots 5, 6, 7, 8, 9 and 10, �'� vacated all�ey, a11 in CORONADO BEACH, according to the recorded plat t�hereof, Hennepin County, Minnesota (hereinafter "property"); and � • � WH�$REAS, the applicant has applied to the City of Orono for a Conditional Use Permit to formally recognize an existing caretaker unit and ' summer guest cabin that serve as accessor� uses to the existing principal �, residence located on a single lot so that applicant may obtain a building ' permit for the total replacement of the existing principal structure per , � Municipal Zoning Code Section 10.24, Subdivision 3 (A). NOW, THER$FORE, BE IT RESOLV�$D by the City Council of Orono, ' . Minnesota: . ' FINDINGS �J z -T 1. This application was reviewed as Zoning File #1299. ,,� . �_� 2. The property is located in the LR-1B Single Family Lakeshore �:� Residential Zoning District requiring a minimum of one acre per ;'; residential unit. The property consists of 3.65 acres in area. :� ;'� 3. On June �20, 1988, the Orono Planning Commission reviewed the :, application as proposed and recommended approval based on the Y,�+ following findings: =;� a) The caretaker unit has existed on the property since the mid ;i 1930's and the guest cabin use since 1941 when the property was `�� acquired by applicant's parents. Both guest cabin and :� caretaker's residence have served the existing residence since � + that time. ,� '.� b) In 1976, the City issued separate sewer connection permits '� , and charged individual SAC fees for the three residential units. ::� . ,; c) Lot 5 with guest cabin was purchased by the previous owners ;; five years after the purchase of the� principal residence and -_�__ caretaker lot in 1936. ;,.- ='� d) The City has issued permits for the repair of each structure ;.a . and can be confirmed in the files of the City for the past 30 years. `, . r' 4. The City Council has considered thi�s application including the findi�ngs and recommendations ,of �the Planning Commission, reports by �staff ,a�nd _comments ;of the ap.plicant and the �ef£ect of the proposed use '.� ' on the 'heal�th, _safety and wel£a�e of the community. ., Page 1 of 4 ipr�ya�.7',jn#MW 4 V r� . . ° - � .. � * �� . � .b i.ls .(�4 � S T'.P 2 7 . �} .j' '4' J� .� � .�,i l . . .• L�t ��.✓ "F44 .• r ..1 �+ M - ` l�r ` . � :1 7. � 1 t 1� 7- t �' �f r }y r t � . •j ��Y '�p >1 x��F ti� .. � k�,�d� M (S.yy � ' ,.' �- , . � d. .r, 7 1 t' � :; �.• 't�' 4. �.. t ,1 .f. y'. ( �.� .'��JJ . £^ ti M . . . - �'ry ! y�t� l I� y a� . � d . , :.Cit '��of ORO�TQ . , � ,y�s `��:. �.i"�a�. i�... . • .. <-...y......a. . ._ .. - . • . !�.�-iY'�.. , • , . ._... ,.�!' , .�1_...�. � . . � � . .� _ ._. ,�_>o.n:.:�.`r.. � •. �.� F�� S . ��Y(�� R�SOLUTION OF THE CITY COUNCIL � `�r' 2468 g �v'' � N0. Q � � • • � � . � . � 5. 'The City Council finds that granting a Conditional Use Permit that � �would �formally recognize the existing caretaker and summer cabin use � on t�he pr�operty 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 :. wi11 it depreciate surrounding property values and that the proposed �� ` level o:t use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. , � CONCLUSIONS, ORDER AND CONDITIOPS 5' Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.24, Subdivision 3 (A) that would formally recognize the existing `s caretalcer unit and summer guest cabin on the property so that applicant ` will be allowed to reconstruct a new principal residence on the property, � subject to the following conditions: ' , , �� • 1. The caretaker unit is not approved for rental use, but„for the ` exclusive use of caretaker or hired help of the owners of the + property. � 4 ' 4 ' 2. The guest cabin shall be for the exclusive use of the members of � the family of the owner of the principal residence and is not approved �: for rental use. '� 3. The applicant is placed on notice that the screened porch = atructure located within 75' of the main lake of Lake Minnetonka and � the barbecue structure locatecl within 75' of the channel, also ' considered part of the main lakeshore, are non-conforming structures, ;�- and subject to all pertinent non-conforming ordinances. The pertinent sections of these ordinances ,would specifically :prohibit structural = repair and the major replacement of these structures without Council � mpproval. ; ,� 4. All new construction shall be subject to the orclinances of the , City that govern the development of lakeshore property: � ., ; 5. 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 ;3 shal l be punishable as a misdemeanor. . q � 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 t�he recording of this `� resolution in the �chain of t_it1.e �of the p_roperty. ,� � . . . -. � . " Page ? �of 4 - . . �. - . d Cit � o� ORONO � • IRESOLUTION OF THE CITY COUNCIL � Q� � N0. 2468 � • � • • Adopted by the Orono City Council on this llth day of July� 1988. ATT T: . Do -othy M allin, City Clerk . Jame R. Grabek, Mayor , . . Property er(s) • • x .. :''�j ; r i 1 t.3 ,•.1 • . } t i:� : � ; Page 3 of 4 �� • ,Ja'�Y r G 1 3 _,_ � . . R 5 ' � � : �. Cit o� ORONO � '� � �`�`•'(�� RESOLUTION OF THE CITY COUNCIL ' �,i�i' NO. 2468 a • ' • • . a � . 'X ' �s STATE OF MINNESOTA ) y ) SS• COUNTY OF HENNEPIN ) � ,� - ; 'y . On this __��`�'h day of , 198� �'= before me otary Publi within and or s id county, personally , aPPeared .� " - �.• `� . known to me to be e person(s) de � "bed in and who executed the €oregoing instrument, and acknowledged that he (they) executed � the same as his (their) free act and deed. Q�� NOTARY PUBLIC 1.��p��'�N�T� . . , • _ �EN�rr,��aNi�� .� ��a �' . � 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 ; ;,; . i 'S '�� MY COMMISSION EXPIRES ' � ;� Page 4 of 4 � � :`.;y • :•v i ti�� .�� ..�