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Home My WebLink AboutResolution 2854 ��' - -, , r. Cit� o� ORONO � � • ��.;. � � �, °'�� RESOLUTION OF THE CITY COUNCIL . � • NO. 2854 � � - � • � ay '' i � i � A RESOLUTION GRANTING i A CONDITIONAL IISE PERMIT � AND VARIANCES TO E i MUNICIPAL ZONING CODE ` i SECTION 10.28, SUBDIVISION 3(A) j FILE #1568 j � WH$REAS, James and ,7udith Pierpont (hereinafter "the j applicants") are the owners of the property located at 1801 West Farm ! Road within the City of Orono (hereinafter "City") and legally ' described as follows: Review Exhibit A Attached (hereinafter "property" ) ; and WHEREAS, per Section 10.28, Subdivision 3 (A), the applicant has made application to the City of Orono to permit the conversion of a detached stable and garage into a guest house that will be located 1'6" from the north side lot line instead of the required 30'and that . said structure wi11 be located 49' from the street lot line instead of • the required 50' and that said structure will be located 58' from the existing principal structure instead of the required 60'. � NOW, TH$REFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1568. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 dry contiguous acres in area for each residential unit. 4. The property is approximately 5+ dry contiguous acres in area. 5. The Orono Planning Commission reviewed this application on July 16, 1990, and recommended approval of the conditional use permit and variances as proposed based on the following findings: a. The property consists of 5+ acres in area. b. The property owner to the immediate north that receives the most visual impact from the' intensification of the structure has submitted written approval of the project. • Page 1 of 5 ; . . � � C�t� o� ORONO � � • � ��' RESOLUTION OF THE CITY COUNCIL # • NO. 2854 i • - � • I � I The property owner's house is located 150+' further east of �� the subject structure. , c. The existing structures and foundations are in good condition and will be able to sustain the proposed renovations and improvements for residential habitation. d. There is adequate and suitable area for on-site septic development to support the second residential unit with one bedroom. 5. 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 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 • applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. � 6. The City Council finds that granting a conditional use permit to allow the conversion of the stable into a guest house unit 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 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. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and variances to Municipal Zoning Code Section 10.28, Subdivision 3 (A), subject to the following conditions: � 1. Applicant shall make payment of an additional $50.00 for the variance portion of the land use application. � Page 2 of 5 • , • • . � C�t� o� ORONO • �� , ?,;`� RESOLUTION OF THE CITY COUNCIL Y • NO. 2854 • - • • ,;;,,:�,x 2. The applicants have agreed to legally combine Lot 14, Block l, The Farm at Long Lake with the adjacent homestead property by February 28, 1991. Applicants are hereby advised that if the legal combination is not realized by the specified deadline date, al ]. residential use of the subject structure shall cease immediately and applicants shall be required to make the necessary alterations to the guest house structure so that it may no longer be used for habitation. Applicants shall obtain the required building permit to complete the required alterations. 3. Upon application for a building permit, the applicant shall provide the necessary septic testing and documentation to confirm suitable area for on-site sewage treatment facilities for both principal and guest house structures. This shall include. evidence of suitable area for alternate on-site sewage treatment facilities. Applicant is placed on notice that at some future date if Lot 14, Block l, The Farm at Long Lake, is to be divided from the homestead property, the guest house structure must be c.onverted to an approved accessory structure that does not • contain an independent dwelling unit. 4. All portions of improved structure located less than 5' from � north side lot line shall meet all pertinent fire code standards. , 5. 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 conditions of this resolution will expire on that date (August 13, 1991). 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 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 3 of 5 • .Cit� o� ORONO • �"° ' RESOLUTION OF THE CITY COUNCIL j�k.._�� . . • • NO. 2854 • - •� • �, Adopted by the Orono City Council on this 13th day of Aug t, 1990. ATTE T: V � 1 � • hy M. llin, City Clerk Jam s R. Grabe ,�Na=y"or , . Pr per w r(s) , . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of August, 1990, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. • � THERESA L. NAAB : NOTARY PUBLIC - Mir�nesora ' NOTARY PUBLIC HENNEPIN COUNTY ' My commisslon explrQS 9-8-92 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this )a � day of , 199 � before me a Notary Public within and for said our•rty, personally appeared �.._� � � �„� known to me to be the erson s de cri ed in an w o execute t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � �.... x lO�� ,z,� JOAN KRASAIVAY • �� (UOTARY PUBLIC-MINNESOTA �"?� HENNEPIN COUNTY NOTARY PU LIC , My Commission Expires Oct.27, 1990 � x x • Page 4 of 5 . . . . � Cit� o� ORONO • ��. . . ��,:z. _, j'~�° RESOLUTION OF THE CITY COUNCIL `<'�T: .L•.:• �F��'� • NO. 2854 ,_:. _ • • , ��: STATE OF MINNESOTA ) . � )ss. COUNTY OF HENNEPIN ) On thi s � day of -► , 19 9� , bef ore me a Notary Public within and for s id C,ounty , personally appeared � � � known to me to be the erson ( s ) d scribed in a d who executed the foregoing instru nt, and acknowledged that he (they) executed the same as his (their) f ree act and deed. , ��e JOAN KRASAWAY NOTARY PUBLIC-MINNESOTA �' HENNEPIN COUNTV My Commission Expires Oct.27, 1990 NOTA PUBLIC � x et - • , � Page 5 of 5 • ♦ y .1 • y L' • � c�t� o� oR,oNo • `� ' RESOLUTION OF THE CITY COUNCIL • NO. 2854 • - • • . � � � � i � ��.,�.. ..n.�n...r u�..w..4.w,y ...�.�..e r-w.rl'w.�.rY r r .... . ...�.�e.,.� � w�w.»�� 1n.w.w1-.w..�� w �....�.w.w.w.�r..FMPrrn��M�r .��`w.�:l�+m!�+��evw��+`AM . . EXHIBIT A I,l? �A � D .S .RTPTT )N Lat 15, Block 1, THE FARM AT LOP•]G LAKE, ALSU � That part of Lot 16, Block 1 , THE FARI�1 AT LC)NG I,AKE, accordin� to the r�- corded plat thereof on file and of record in t}ic offic�: oE che Cuuiity He- corder. Hennepin County, Minnesota, lyin� .saut�;erly af t;he norLh 104.72 fe�t. and northerly of the following described 1ine: . Commencing at •�the soiithwest corner of saia l,ot 16, tl7ence tdorth ��' degrees 12 minutes 03 seconds East, assurn�d bearinn, alori� I:}lE West line of said Lot 16, 101 .2�1 feet t.o th� paint or L•e�ii�nir��; thence South 07 de�rees 47 minutes 57 sacunds E�st, �l'1 . 16 f.e�:L- ; • thence North 84 degree� 53 minutes 26 saconcis i:ast , �13•�.32 fe;c�L- t;o a point on the nortr�easterly line af said Lc�t 16, cli,st�irit :35:; . ;:,'7 . feet southeastErly c�f the northe�t�t ..c;t•iier c�i� .;�3 i d Li�t 16 .tr��l there termin�,t.ing. I hereby certify thai, this survey was pr•e2»r.°c;ci by my UI� ur�d�:r m5� dir�c:i; :st,-- pervision and that T am a duly Regist�r•c:ci 1,��<<.i 5UL'VCyG2� i�nder t;ri� l:i:a.s oi t}ie State of Minneosta. 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