HomeMy WebLinkAboutResolution 3099•
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3099
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 3 (A) AND
VARIANCES SECTION 10.03, SUBDIVISION 9 (C) (2)
AND SUBDIVISION 15
FILE #1723
WHEREAS, Patricia C. Dickey (hereinafter "the applicant") is
the owner of the property located at 2645 Watertown Road located
within the City of Orono (hereinafter "City") and legally desribed as
Tract A, RLS 1089 and Outlot A, Countryside Manor, Hennepin County,
Minnesota, (hereinafter "property"), and
WHEREAS, the applicant has made application to the City of
Orono to approve a conditional use permit for a guest house use of an
existing residential structure per Section 10.28, Subdivision 3 (A)
and seeks approval of an existing privacy fence at a height of 6 to 8'
where only a 3 1/2' high fence is allowed and a variance to the total
allowed area for accessory structures for an addition of 484 s.f. to
an existing garage resulting in a total area of accessory structures
at 15,462 s.f. where only 6,000 s.f. would be allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1723.
2. The property is located in the RR -1B Rural Residential
District requiring 2 acres in area. The property consist of 64
acres.
3. The Orono Planning Commission reviewed this application on
March 16, 1992 and recommended approval of the proposed
Conditional Use Permit per Section 10.28, Subdivision 3 (A)
allowing a guest house use for an existing residential structure
and approved variances to Section 10.03, Subdivision 9 (C) (2),
for additional 484 s.f. of accessory structure, where an excess
already exists at 15,462 s.f. and a height variance for an
existing fence at 6' to 8' where only a 3 1/2' fence is allowed
based on the following findings and hardships:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
3099
a. The existing residential structure had existed on a 62
acre parcel prior to the legal combination of the property
with the adjacent residential lot.
b. There is adequate area adjacent to proposed non-
rental/guest house to allow subdivision at a future date.
C. A privacy fence has existed in the street yard in
excess of the allowed 3 1/2' height for over 40 years.
d. In a recent residential subdivision on the north side
of Watertown Road, a private road was approved where car
lights would now shine into applicants existing residence on
south side of Watertown Road.
e. The total property consist of 64 acres.
4. City Council finds that granting a conditional use permit to
allow the use of an existing residence for non -rental
purposes 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.
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 has considered this application including
the findings and recommendations of the Planning Commission,
reports by the City staff, comments by the applicant and the
effect of the proposed use on the health, safety and welfare
of the community.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3099
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal zoning Code Section
10.03, Subdivision 9 (C) (2) and Subdivision 15 and a Conditional Use
Permit for Section 10.28, Subdivision 3 (A) to allow an existing fence
and garage to remain on property as they exist today and to approve a
guest house use, subject to the following conditions:.
1. The second residence on property may never be used for
rental purposes.
2. Applicant shall apply for a penalty building permit for
addition to garage.
3. Applicant is futher advised that any plans to either
vertically or horizontally extend existing privacy fence in
street yard requires approval of the City.
4. Applicant is advised that if a future subdivision reduces
the total area of 64 acres, that additional variance review
will be required for the excess of accessory structures and
that the subdivision may result in applicant being asked to
remove existing structures where there is no longer the area
to support these structures. Any future plan to add to
existing structures or install additional structures will
require a new variance review.
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
(March 23, 1993).
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.
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1992.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3099
7. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of
herself, her heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 23rd day of March,
)-7-).
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Dorothy Hallin, City Clerk
r.
• Property Owner s)
C7
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Barbara A. Peters n, Mayor
The foregoing instrument was acknowledged before me on this
23rd day of March, 1992, by Barbara A. Peterson & 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.
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY Nota y Public
My commission expires 8-12-98
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3099
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 26 day of . 19 9�--2—
before me a P60
tary Public within and for said county, personally
appeared �th 1 alr�� �
known to me to be the persons V described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
Nota Public
STATE OF MINNESOTABOM
)ss. JAWL
• COUNTY OF HENNEPIN ) MW B
��m. EopilltEpillt)9 9�
On this day of 99
before me a Notary Public within and for said county, personaiy
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
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