HomeMy WebLinkAboutResolution 2703 , _
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`'"�� RESOWTION OF THE CITY COUNCIL
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y�f*��"�"`" NO. 2703
�' - • •
'� �`''$ A R$SOLDTION GRANTING
A CONDITIONAL IISE PERNlIT AND VARIANCE PER
� MDNICIPAL ZONING CODE
SECTION 10.20, SDBDIVISION 3 (G)
FIL$ #1434
_ WHER$AS, Gary Barr (hereinafter "the applicant") is the
owner of the property located at 3034 Casco Point Road within the
City of Orono (hereinafter "City") and legally described as
follows: .
Lot 3, Block 1, Casco Cove, Hennepin County, Minnesota
(hereinafter "the property"); and
WH$R$AS, the applicant has applied to the City for a
conditional use permit and variance to permit the guest house use
of an existing dwelling unit constructed above an existing
detached garage on the property, per Municipal Zoning Code
Section 10.20, Subdivision 3 (G).
• NOW, THER$FORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1434.
2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District, requiring a minimum
lot area bf 0.5 acres.
3. On August 21, 1989, the Orono Planning Commission
reviewed the application and recommended approval on a vote
of 3-2, based upon the following findings:
A) In 1976 a building permit and plumbing permit were
issued to a previous owner of the property to construct
� a detached garage including the installation of two
plumbing fixtures in the garage. Subsequent inspection
records indicate a temporary dwelling use of the garage
during construction of a residence on the property.
B) Thje current property owner (applicant) purchased
the property in Apri1 . 1979 and was not aware that no
guest house conditional use permit had been obtained
for the dwelling unit above the garage nor did he know
• that one was required.
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��F {✓ RESOLUTION OF THE CITY COUNCIL
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' <.�°;� C) Applicant's past use of the existing guest house
has been to occasionally allow relatives, friends or
acquaintances to live there as a security measure while
. applicant is out of the state.
D) Applicant notes that his future intent would be to
never use the dwelling unit as anything other than a
guest house and he has no intent to use it as a rental
apartment.
E) Municipal Zoning Code Section 10.20, Subdivision 3
(G) requires that a guest house meet all regular lot
requirements. The existing guest house unit is located
10' from the principal residence, hence the 20' setback
required in order to potentially place the. guest house
on a separate conforming lot, would be impossible to
obtain. Further, the existing lot area is 0.81 acres
in this 0.5 acre zone. Applicant has been unable to
purchase a .17 acre parcel to his west to increase his
property size nearer to the required 1.0 acres in order
� to meet the guest house lot area requirement.
F) The existing guest house unit is more than 50' from
all property boundaries, hence continued use of the
� unit as a guest house would have no significant visual
' impact on the neighborhood.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed use on the health, safety and
welfare of the community.
5. The City Council finds that granting a conditional use
permit to allow continued use of the existing detached
dwelling unit above the garage as a guest house will not be
detrimental to the health, safety or welfare of the general
public; would not adversely affect light, air nor pose a
fire hazard or other danger to neighboring properties; nor
would it depreciate surrounding property values. The
Council further finds that the proposed level of use on the
property will be in keeping with the intent and objectives
of the Zoning Code and Comprehensive Plan of the City.
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� � RESOLUTION OF THE CITY COUNCIL
�
� '; NO. 2703
• - • •
CONCLOSIONS, ORDSR AND CONDITIONS .
Based upon one� or more of the findings noted above, the
Orono City Council hereby grants a conditional use permit and
variance per Municipal Zoning Code Section 10.20, Subdivision 3
(G) to permit continued guest house use of the existing dwelling
unit above the existing detached garage on the property which is
0.81 acres in area where 1.0 acres would normally be required to
accommodate a guest house in the LR-1C zone, and which guest
house is located only 10' from. the principal residence where a
20 ' separation would normally be required between �those
structures, subject to the following conditions: �
1. The guest house may only be used by occupants of the
principal residence, and their domestic employees or non-
paying guests.
2. The guest house shall not be rented as a separate
dwelling unit.
• 3. Utilities for the guest house shall continue to be
metered jointly along with the principal residence.
4. Future rental of the guest house will cause an automatic
revocation of this guest house conditional use permit.
. 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 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.
7. Applicant shall pay the standard $225.00 sewer unit
charge for this second guest house dwelling unit in order
. for the terms and conditions of this resolution to take
effect.
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Cit� o� ORONO . �`
• �� .
` '` � RESOLUTION OF THE CITY COUNCIL
•� • NO. 2703
�
• ' • •
� ,.::,;,:_ �
� dopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 25th day of September,
1989.
ATT ST:
� ��� ' � �����;-��...��
, ��'
orothy M. allin, City Clerk Edward �7". Call� an, Jr. , Act�i:g Mayor
� ��
Prop rty wner(s
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 25th day of September, 1989, by Edward J. Callahan, Jr. &
• Dorothy M. Hallin, Acting Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was
executed on behalf of the City.
No ary� Public � � E K. SCHEFFLER
`fK�'.,;:r.ise.
J{,«""'^*�;',G.
4 ;,'„�•
• •�'::�=,� N ARY VUBLIC—MINNESOTA
i' .,��M.'= HENNEPIN COUNTY
My Commission X`l�'f,' Y�ommission expires -
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'". RESOLUTION OF THE CITY COUNCIL
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• NO. �7�3 �
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: • - • •
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STA� � ' INNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /�`j � day of ✓ , 198 /
before me a No ary Public 'thin and or said county, personally
appeared . /� known to me to be
the person(s) desc ibed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
��pp��,p�1�N t�E OTA /
�HEN��N� N TARY PUBLIC
� 9��,- 9a
� 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 _
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