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HomeMy WebLinkAboutResolution 6644CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-418(6) AND 78-1437 AND APPROVING USE OF A HOLDING TANK PER MUNICIPAL CODE SECTION 58-51 — FILE NO. 16-3836. WHEREAS, Rick D. Anderson, married, and David J. Lind, married, (hereinafter "the Applicants") are the owners of the property located at 3585 Sixth Avenue North within the City of Orono (hereinafter the "City"), Hennepin County PINS 29-118-23-43- 0004, and legally described as: EXHIBIT A (Attached) (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of -Orono for a conditional use permit (hereinafter "CUP") pursuant to Orono Municipal Zoning Code Sections 78-418(6) and 78-1437 to allow installation of a bathroom including a bathtub and/or shower within an existing nonconforming accessory structure (hereinafter the "Barn") on the Property; and WHEREAS, the provision of a bathtub or shower within an accessory building is considered a conditional use within the RR -1B zoning district pursuant to Orono Municipal Zoning Code Sections 78-418(6) and 78-1437 upon agreeing to the standard covenants outlined within Code Section 78-418(6); and WHEREAS, the Applicants have requested approval for use of a sewage holding tank in lieu of a septic system to serve the proposed plumbing system, per the requirements and conditions of Municipal Code Section 58-51. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 16-3836. 2. The Property is located in the RR -1B Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. Page 1 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2016 and recommended approval of the CUP and holding tank based on the following findings: a. The Property contains approximately 2.4 acres in gross area of which approximately 1.8 acres is dry buildable (non -wetland) area and is 274 feet in defined width at the 50' setback line. b. The applicants are requesting CUP approval for installation of plumbing fixtures to include a toilet, sink and a shower/bathtub in the existing accessory Barn structure on the property. City Code Section 78-1437(3)b. allows for the installation of plumbing fixtures including a bathtub or shower in an accessory building subject to conditions and a restrictive covenant. c. Due to the lack of suitable drain field sites meeting all setback requirements, applicants also request approval for use of a holding tank for sewage disposal. d. A condition of Section 78-418(6) is that the structure for which the CUP is requested is to be a conforming structure. The property is a very unique situation in the 2 -acre rural residential district. Prior to construction of the Highway 12 Bypass, a single family residence existed north of the Barn. In order to construct the CR6 approach to the 6/12/Wayzata Blvd. interchange, the portion of property containing the house was acquired by MnDOT and the house was removed. The Barn remained on a lot of 2.4 gross acres, and became considered as a nonconforming accessory structure without a principal structure, and located in a nonconforming location with respect to property line setbacks. However, the City did not have the legal authority to require its removal. The Applicants purchased the property and have been remodeling the Barn for use as an accessory building for non -dwelling and non-commercial uses, pursuant to the appropriate permits issued by the City. e. The Applicants were required to provide septic testing information and a wetland delineation in order to establish the ability or non -ability to install a conforming septic system to serve the proposed bathroom facilities. Wetlands in the eastern half of the site as well as areas of compacted disturbed soils preclude the ability to install a conforming septic system meeting setback and soil condition requirements. City staff have recommended approval of a holding tank subject to conditions. f. The plumbing fixtures proposed are in keeping with the proposed non - dwelling, non-commercial accessory use of the Barn. Page 2 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 4 4 g. The Applicants agree to the filing of a covenant in the title of the Property providing that the Barn will not be used for a home occupation unless specifically approved by the city or if allowed by this Code; will not be used as a dwelling unless a guest house conditional use permit is obtained; and will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. Conditional Use Permit Analysis. The City Council makes the following findings with regard to the criteria necessary for the granting of a conditional use permit. (1) The proposed use is consistent with the Community Management Plan (CMP). The proposed use is accessory residential in nature and such use is consistent with the CMP guiding for this neighborhood as long as no commercial uses occur. (2) The proposed is compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The proposal will comply with the code provisions applicable to plumbing in accessory structures (3) The proposed use is adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities (4) The proposed use is provided with an adequate water supply and sewage disposal system. The proposed fixtures will be connected to a private well. Sewage disposal will be via a holding tank requiring ongoing monitoring and management A management plan has been submitted and will be followed. (5) The proposed use is not expected to generate excessive demand for public services at public cost. This criterion is met. (6) The proposed use is compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The remodeled structure with plumbing is accessory residential in character and its non - dwelling, non-commercial use is expected to be compatible with the surrounding residential area. (7) The proposed use is consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The accessory structure with plumbing is accessory residential and Page 3 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL rural in visual character. The use is expected to be compatible with the surrounding rural residential area. (8) The proposed use is compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The architectural styling of the existing accessory building is rural residential in character and not inconsistent with the use and visual character of adjacent and nearby properties (9) The proposed use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The addition of plumbing in this existing structure when used under the CUP requirements for said plumbing is not anticipated to have any adverse effects on the neighborhood. (10) The proposed use will be provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. Screening or buffering will not be required (11) The proposed use will not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed use is not expected to cause any of these undesirable impacts (12) The proposed use will not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. It is anticipated that the proposed use will not generate any of these undesirable issues. (13) The proposed use is designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed use and rural residential character of the existing structure will not affect these features nor have a negative environmental impact as long as the proposed holding tank management system is adhered to. (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. Applicants are hereby advised of this requirement and by their acceptance of this CUP will agree to comply with the requirement. Page 4 of 8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6644 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 6. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-418(6) and 78-1437 to allow installation of a bathroom including a bathtub and/or shower within the Barn on the Property, and hereby approves the use of a holding tank for sewage disposal in lieu of a septic system, subject to the following conditions: 1. The CUP is for installation of a full bathroom within the Barn as shown on the survey attached as Exhibit B and building plans attached as Exhibit C. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicants hereby covenant the following: a) The Barn shall not be used for a home occupation unless specifically approved by the City or if allowed by City Code. b) The Barn shall not be used as a dwelling or guest house unless a guest house conditional use permit is obtained. c) The Barn shall not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. The Applicants hereby acknowledge that the Barn's status as a nonconforming accessory structure as to location and lack of a principal structure precludes its use for dwelling purposes, and its location in a Residential zoning district disallows its use for commercial purposes. 4. Use of the holding tank for sewage disposal is subject to the following conditions: a. Installation, use, operation and maintenance of the holding tank shall adhere to the provisions of Municipal Code Section 58-51 with regard to system design, operation, use and maintenance. The Applicants are particularly advised of the following requirements: Page 5of8 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 4 4 1) Holding tank shall be located at least 10' from building and at least 10' from property line. 2) Holding tank shall be provided with a sight and sound alarm to warn of pending overflow. 3) Holding tank shall be pumped as often as necessary to avoid overflow, by a licensed contractor. b. Applicants shall adhere to the submitted Holding Tank Management Plan attached hereto as Exhibit D. c. In addition to the sight and sound alarm required in item 4a.(2) above, the holding tank alarm system shall also include a remote notification system to advise owners of pending or occurring tank overflow. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a plumbing permit and holding tank permit for the new construction and commencing construction of said project. A satisfactory final inspection for the plumbing and holding tank installation must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date (July 11, 2017). 6. 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. 7. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the I Ph day of July, 2016. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Page 6of8 Property Owner Property Owner STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6 NO. 44 Property Owner Property Owner The foregoing instrument was acknowledged before me this day of 2016, by Rick D. Anderson, husband of Cynthia A. Evon-Anderson. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Cynthia A. Evon-Anderson, wife of Rick D. Anderson. Notary Public Page 7of8 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6644 The foregoing instrument was acknowledged before me this day of 2016, by David J. Lind, husband of Stephani P. Lind. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2016, by Stephani P. Lind, wife of David J. Lind. Notary Public Page 8 of 8 EXHIBIT A 6 b 4 4 RESOLUTION NO. LEGAL DESCRIPTION OF PROPERTY Property Description per Warranty Deed, Doc. No. A9453415 That part of the West 208 feet of the Southeast Quarter of Section 29, T 118 N., Range 23 West of the 5h principal meridian lying Southerly of the centerline of County Road No. 6 as contained in Doc. No. 4190220, subject to an easement for common roadway purposes over the east 25 feet which lies North of the South 350 feet of said Southeast Quarter and together with an easement over the westerly 25 feet lying North of the South 350 feet of that part of the East 270.5 feet of the west 478.5 feet of said Southeast Quarter of Section 29, according to the United States government Survey thereof on file or of record in the office of the County Recorder in and for Hennepin County, Minnesota. esionel Services, Inc. Z� EXHIBIT B RESOLUTION NO. 6644 iJ 11 4w1 7145 he u 4'\ EXHIBIT C RESOLUTION NO. c-- -Shop DatiroomM owadmaker Areawrx1 i i FOOTING AND FOUNDATION PLAN sz scuff r - r-o- UNIVERSITY EXHIBIT D b 6 44 OF MINNESOTA RESOLMON NO.� Septic System Management Plan for Holding Tank Systems The goal of a septic. system is to protect human health and ihe-environment by properly treating wastewater before returning It to the environment. Your holding tank system is designed to stone your used water before it is recycled back Into our lakes, streams and groundwater. This. menagesnerit plan 'Will identify the operation and maintenance~ activities necessary to ensure compliance with applicable rules. and 'regulations. Some of these. activities must be perf©rrned by you, the homeoWMr. Other tasks must be performed by a licensed septic maintafher. However, it is YOUR responsibility to make sure all tasks get accomplished in a timely manner. The University of Minnesota's Septic System Owner's Guide contains additional tips and recommendations designed to extend the effective life of your system and save you money over time. Proper septic system design, ftistallatiQn, operatton and mafntenance mdems safe and clean water! Property Owner: Fick Andersen & David Lind Property Address: 3585 CIS 6 Orono MN 55355 Property ID; 2911.8234301:}04 System Designer: Septic Check system Installer: Septic Check License #: 21524 License 1P, 2624 Service Provider/.Maintainer: Endes Septic Service Phone: 763-4-284489 PermittingAuthority: City of Orono Picone: 952-249-4620 Permit #. Dete Inspected. beep this iy#anagetnent Plan with your Septic System Owner's Gu1de. The Septic. system Owner's Guide includes a folder toL hold maintenance records including pumping, inspection and evaluation reports. Ask your septic professional to also: » Attach permit 'information, designer drawings and as-builts of your system, if they are available. ® keep copies of all pumping records and other maintenance -and repair invoices with this document. Review this document with your maintenance professional. at each visit, 4iscuss any changes in product -use, activities, or water -use apEpliances. For a copy of the, Septic System,Owner's Guide, call 1-800-876-8636 ar go to http://shop.extension.,umn.edu/ htt.p://septic.umn.edu. # 3836 RECEIVED MAY 18 2016 "CITY OF ORONO UNIVERSITY Septic S3 -stem Majiggellieirl P1,ri)r 4F MINNESOTA Fol- Holding Tank S)weins Your Hoping Tank 4 Maintenance We cover ' S" ceanout ppe hight m ade cap to prevenav 6'us7tboesleotwurgerd t Budding be L. Finished grade- - - , •: Z w Aurin dlgnal wedng5pste MM bekft11edriiddiallm `` :•'C 25% Eon � rfi oft6ll cover Y +r:.y�C t` . ,�= mow' .0 r'r : •. �„�'. (a�..� ,l ;iii ���� 9Y11b all malrsteaauca h* cwmm � . r' j1\i(�aa`t1l-'i .. .i / •%f _.il^ iIY .F1- r1a ♦. ..r {'1• _ .'/lye.... �. Dwelling Type 1 `!. _�'•-NSA Number of bedrooms: N/A _ �0`rnln not et Well depth {ft):. Y �'�:�,_ y s 7�'r t- �' Tank capadty for residences:lAOO gallons �� %�. � Y - t1TWIL 400D�F �f �I�lOOn1.. GD "'�'•^wy'i yO�f 1 :t�*' ;i - iiillCilEYlT6g�dtl,{prplfllYSilfn - Y•,ia'Lyt: #ne times dw average.d"IF am t Budding be L. M' sewerTank must wat®r gt. Alarm Bait •: Z w Flowmeaumnotmestbeprw"Apo"" wedng5pste MM bekft11edriiddiallm `` :•'C 25% Eon Y F rys 4M _r Na -r -r eC" *115611 C0*r is bei►veee b 24*, tank IM must be insulated R.vilue tOf along (a�..� ,l ;iii ���� 9Y11b all malrsteaauca h* cwmm � . r' j1\i(�aa`t1l-'i .. .i / •%f _.il^ iIY .F1- r1a ♦. ..r {'1• _ .'/lye.... �. Dwelling Type Well Construction Number of bedrooms: N/A not et Well depth {ft):. Y drilled System capacity/ design flow (gpd): 450 GPD Anticipated average daily flow {gpd): 0 GPD ❑ Cased well Casing depth:_ Comments This is a work Shop a Other (specify): Distatice.from septic (ft): In-home business? —What type? Number Is the well on the design Drawing?QY @ N of occupants Holding Tank � 500 © Flow measurement device: Water meter one tank: 7hnk iiolum,e: gcilrons. P 13 Location. Pressure tank Two tanks:'. Tank volume: gallons Concrete ❑ Aiarm � Visual audible ❑ Tank is constructed -of a Reserve %: 76% .Q Service contract held by: Endes Septic, Service Service contract is attached to this management plan # 3836 - 2- UNIVERSITY Septic S stent Management Plan ' M .. � �F MINNESOTA For Holding Tcznki , lvstems Homeowner Management Tasks These operation and maintenance activities are your responsibility. Use the chart an page 6 to trade your activities. Identify the service intervals recommended by your system designer and your local government. The tank assessment for your system will be the shortest interval of these three Intervals. Your pumper/maintainer will determine if your tank needs to be pumped. Tank capacity : (# of occupants X 50 Gallons/day) _ # of days between cleaning OR Within 24 hours of aiarnT sign.ai .System Designer: check every 30 days My tarok needs to be emptied Local Government. check every days every days Seasonally a Monitor alarm daily — make sure the alarm has not signaled. Alarms signal when your holding tank is nearly full; contact your maintainer.. ❑ Measure and note your average daily water usage on page 5. Conserving water saves you moneyl ❑ Leaks. Check (listen, look) for leaks in toilets and dripping faucets. Repair leaks promptly. Annually ❑ Establish a contract for tank cleaning services with a state licensed maintenance business. ❑ Caps. Make sure that all caps and lids are intact and in place. Inspectfor damaged caps at least every fall. Fix or replace damaged caps before winter to help prevent.freeaing.issues. © Water conditioning devipes. See rage .5 for a list of devices. When possible, discharge clear water sources to another location. Program the recharge frequency based on water demoted (gallons) rather than time (days). Recharging too frequently will result in increased pumping costs: G Review your water usage rate. Review the Water Use Appliancechart on Page 5. Discuss any major changes with your pumper/maintainer, During eaeh'visit by a pumper/rrmaintaitier ❑ Ask if your pumper/maintainer is licensed in Minnesota. ❑ Make sure that your pumper/maintainer has clear access to the holding tank and completely empties the tank ❑ Ask your pumper/maintainer to accomplish the tasks listed on the Professionaf Tasks on Page 4. # 3836 - 3 - 6644 e i i gy: UNIVERSITY Septic S}�sleur ManagementPali� For- Holding Tank Systems OF MINNESOTA Professional Management Tasks These are the operation and maintenance activities that a pumperfmalhtoiner performs to help ensure long -terra performance of your system. Professionals should xPfer to the 0/M IVlanuaI for cletalled checklists for tanks, pumps, alarms and other components. Call 800-822-8642 far more details. a Written record provided to homeowner after each visit. Plumbing/Source of Wastewater Review the Water Use Appliance Chart on Page 5 with homeowner. Discuss any changes in water use and the impact those changes may have on the frequency of maintenance. a Review and document water usage rates with homeowner. Holding Tanks a Maintenance hole lid. A riser is recommended if the lid is not accessible from the ground surface. Insulate the riser cover for frost protection. D Liquid level. Check to make sure the tank is not leaking. a Inspection pipes. Replace damaged caps. a Alarm. Verify that the alarm works and that there is at least 5%reser'Ve capacity. o End of year seasonal property pumping. Remind homeowner of most frequent causes of tank and building sewer freeze -ups. Ensure that there are no "micro -sources" of water such as a high efficiency furnace or other dripping devices. Determine a logical winter water use plan that will not result in need for emergency visit(s). All other components — inspect as listed here: # 3'836-4- UNIVERSITY Septic System Majiagement Plan OF MINNESOTA For Holding Tank Systems Water -Use Appliances and Equipment in the Hon E, Appliance Impacts on Holding Tank Management Tips Garbage disposal • Uses water and increases pumping - Use of a gaitiage disposal. isnot recommended. l7equcncy and expense. - Minimiie garbage disposal. use. Compost instead. • Uses water and'increases pumping - Choose a front -loader or walcr-saving tap -loader, Washing machine frequency and expense. these. units use less water than older models. - Wash only hill loads. • Do laundry off site. Dislnvmber - Uses %Vater and increases pumping - Nash only full loads. frequency and expense. Large bathtub - Uses -water and increases pumping - Take short showers to conserve water. (whiripool) frequency and expense. Clear NA'ater Uses Impacts on Holding Tank Management Tips High -efficiency Drip may result in frozen pipes ire -route tvater.into a sump pump or directly out of furnace during cold weather. the house. Do not route furnace recharge to your holding tank. Nater softener Uses txater and increases pumping • Thesesources produce water that is not seu age and Iron filter frequency and expense. should not go into your holding tank. Reverse osmosis . Reroute Mater from. these sources to another outict, such as a dry %veli; drain rile or old drainfield. - When replacittg, tftfnSlder using a demand -based - Uses water and increases pumping Surface drainaee frequency and expense. re4iargc vs. a time -based recharge. Footing drains - Check valises to ensure proper operation,- have unit serviced per manufacturer directions .Maintenance Log Track maintenance activities here for easy reference. See list of management tasks on pages 3 and 4, Activity Date accomplished/measured water usage Check daily fora period of time and weekly once average use is determined. Water usage rate (gallons per clay) Leaks: check for plumbing leaks Annually. i Establish and maintain contract for holding I I I i tank pumping services Water use appliances -- review use # 3'836 UNIVERSITY Sepic System 1tanagemeu Phan OF MINNESOTA F°i' Holding Tank S stews Notes: Water Meter Reading and Tank Evacuation'Schedule Date Water Meter Tank Contents Total Gallons Reacting Removed? Removed (in gallons) 5 Mitigation/corrective action plant: If system fills faster than anticipated, check for and repair any leaks into the system. As the.owrierof this SSa f understand it Is my resi mnsibifityto p� a aperote and maintain the sewage tneatmentsystein on this property, utiANng the Management Plan. 1f requirements in this Manogern i. n. are not met, f will promptly notify the permitting authority and take necessary corrective actions. Property Own1k 11F 040 �1ti10 Dat � � �p�fl/� ManagementP� n Prepared 8y: Travis Joh Son Certification # 9058 Permitting Authority: City of Orono 02009 Regents of the University of Minnesota. All rights reserved. The University of Minnesota is an equal opportunity educator and employer. This material is available in alternative formats upon request. Contact The Water Resources Center, 512-524-9282. The Onsite Sewage Treatment Program is delivered by the University of Minnesota Extension Service and the University of Minnesota Water Resourc�� ���� Center. # 3836 11AY 18 2016 CITY OF ORONO