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HomeMy WebLinkAboutResolution 3072CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3072 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (C) AND A CONDITIONAL USE PERMIT PER SECTION 10.23, SUBDIVISION 4 (A) FILES #1708 AND #1709 WHEREAS, Judson M. Dayton (hereinafter "the applicant") is the owner of the property located at 825 Old Crystal Bay Road South within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A attached to this resolution, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to permit the construction of a 231x32' addition to an oversized accessory structure at 4,432 s.f. where only a 3,000 s.f. oversized accessory structure is allowed and per Section 10.23, Subdivision 4 (A) seeks approval of a conditional use permit to allow the renovation or restoration of a former caretaker apartment within the oversized accessory structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Files #1708 and #1709. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 23+ acres. 3. The Orono Planning Commission reviewed this application on January 21, 1992 and recommended approval of the proposed variance and conditional use permit based upon the following findings: 40 Page 1 of 6 0 0 SH0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3072 Findings for application #1708 -variance for addition to oversized accessory structure: a) The existing oversized structure at 4,432 s.f. has existed on the property for over fifty years. b) The property consists of 23+ acres. c) The existing oversized accessory structure meets all other required standards for an oversized accessory structure. d) The proposed addition will not require any setback variances. e) The proposal is consistent with the intent of the oversized accessory structure ordinance which was to limit the number of accessory structures on a property. • f) The total area of the improved accessory structure at 5,168 s.f. shall not exceed the total area allowed for accessory structures on a property in excess of 9 acres at 6,000 s.f. Findings for application #1709 - conditional use permit for caretaker apartment: a) The existing guest quarters within the oversized accessory structure were installed when structure was built in 1906. b) The applicant proposes no additional expansion of oversized accessory structure with renovation of apartment. c) There is adequate area within the 23 acre parcel to support a third residential unit. 4. 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 property; would not merely serve as a • Page 2 of 6 0 4aw0 a ze CITY of ORONO C~ RESOLUTION OF THE CITY COUNCIL ��kESH0 NO, 3072 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. 5. The City Council finds that granting a conditional use permit to allow the restoration of the caretaker apartment within the oversized accessory structure will not be detrimental to the health, safety and welfare of the community. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff and comments of the applicant and the affect of the proposed variance and conditional use permit on the health, safety, and 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. CONCLUSIONS, ORDER AND CONDITIONS Eased upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (C) to allow construction of a 231x32' addition to the east side of an existing oversized accessory structure and per Section 10.23, Subdivision 4 (A) grants a conditional use permit for the renovation/remodeling of a caretaker apartment within the oversized accessory structure subject to the following conditions: 1. Applicant to execute a covenant for oversized accessory structure to insure area needs if property is subdivided in the future. 2. If property is subdivided at a future date, this conditional use permit will expire and the current owner of new lot must apply for a new conditional use permit for guest house/guest apartment use. • Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3072 3. Guest apartment within oversized accessory structure is for the non -rental use of the owner/occupant of principal residence on subject property. 4. Upon application for a building permit, applicant shall provide septic testing and septic design for an on-site septic system to support plumbing facilities within oversized accessory structure. 5. Authorities granted by this resolution run with the property not with the owner, 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 (February 10, 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. 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. 0 Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3072 Adopted by the Orono City Council on this 10th February, 1992. ATTEST: y 1�. IHalliri, City Clerk MIA • . •. --f y Owne STATE OF MINNESOTA • ) ss. COUNTY OF HENNEPIN ) Barbara A. Pet rson, Mayor day of The foregoing instrument was acknowledged before me on this 10th day of February, 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. 9AROLE CA. HASEMAN ga�.j C.0 ;��1����% NOTARY�rA Notary Public HENNEPW COUNTY . MY COMMWXW EXPIRES 6-23-0 0 Page 5 of 6 0 • • 0 0 \kESH0 / STATE OF MINNESOTA RESOLUTION OF THE CITY COUNCIL NO. 3072 J ss. COUNTY OF HENNEPIN ) �d. day of _ /'uar ► 199 On this personally before me a Notary Public within and for aid county, p appeared d 0 r" known to me to be the perso s) d ribed in and who executed t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. l/ Not ry Public STATE OF MINNESOTA.) )ss. COUNTY OF HENNEPIN ) On this /% day of /%JarCh ► 199 before me a Notary Public within and for said county, personally appeared / i sb e au; �f Owhei known to me to be the person(s) d cribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. J, (/.�CC� Notary Public LINDA S. -- NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 8-12-98 Page 6 of 6 . t -e 't , P O� O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH0 NO, 3072 EXHIBIT A That part of Lot 35, In Auditor's Subdivision No. 230, Hennepin County, Minnesota: and of Government Lot 7, in Section 9, Township 117 North, %Inge 23 West of the 5th Principal Me- ridian, described as follows. Beginning at a point 302.81 feet South of the North line and 4F^.00 feet West of the east line of said Government Lot 7; thence East parallel with the North line of said Lot 7 a distance of 462.(4) feet to the East line of sgjd Lot 7; thence North along the East line of said Government Lot 7, a distance of 302.81 f'"t to zhe North- east corner of said Lot; thence continuing North along the North and South centerline of Section 4, Township 117, Range 23, a distance of 216.7 feet to an intersection 4ith the Easterly ext rasion of the South line of Lc,t 34 in above mentioned Auditor's Subdivision No. 230, Hennepin County, 11innesota; thaw* Westerly aleng-the Southerly boundary line of said Lot 34 and extension thereof to the Southwest corner of said Lot; thence Southerly along the extension of the -West line of said Lot 34 to a point 1071.18 feet Southerly measured along the hest line of said Lot :34 and the extension thereof. from the Northwest corner of said Lot 34; thence Westerly deflecting 81 degrees 06 minutes to the right from last de- scribed course, 159..66 feet; thence'continuing.Westerly. deflecting 2 degrees 30 minutes to tine rigftt`fioa last described course a distance of 124.65 feet; thence Southwesterly on a tangential •:-carve to the left with a radius of 388.66 feet, a distance of 193.75 feet to the paint of compound curve; thence Southwesterly on a tangential curve to the left with a ra- aius of 212.81 feet, a distance of 160.52 feet; thence Southwesterly in a straight line, tangent to said last described curve, a distance of 2.89 feet to the Southerly line of 0 aforesaid Section 4; thence West along the South line of said Section. 285.29 feet, said last described point being the Southeast corner of Government Lut 1 in said Section 4; thence Southwesterly deflecting 35 degrees 17 minutes to the left from -said last described course, a distance of 110.3 feet; thence Southwesterly deflecting 45 degree -3-28 minutes to the left from said last described course, a distance of 1115.00 feet; •ihence• Southwesterly deflecting 21 degrees 40F•minute5 to the right from said last described course,.n distance of 174.00 feet, more or less to :he shore of Maxwell's Bay, Lake Minnetonka, thence South- easterly along the shore of said, lake to, its intersection with a line running Southerly parallel with the Bast line of above mentioned Government Lot 7 in said.Section 9, from a point -bearing South 12 degrees 54 minutes 40 seconds }test and distant 766.76 feet from the point of beginning, said last described course being hereinafter referred to and designated as "Line X"; thence North parallel with the Bast linertf said Government Lot 7 to said pointsbearing South 12 degrees 54 minutes 40 seconds Hest and dietant.766.76 feet from said point of beginning; thence North 12 -degrees 54 minutes .40 seconds Bast 766.76 -feet to the point of beginning said last described course being hereinafter referred to and designated as "Line Y"; excepting from above described premises, the following described tract, (Here- inafter sometimes referred to as the "excepted tract") do -wit: Beginning at the same point of beginning as above deocribed; tirence•South 82 degrees 13 minutes Went. 2W-2- feet;• thence -South 35 degrees 05 minutes West, 194..4 feet; thence South 13 degrees -57 minutes West, 167.65 feet; thence'Sotith 5 degrees 23 minutes West, 265.00 feet, more or less to the shore of Maxwell's Bay, Lake hinnetonka, thence Southeasterly, along the shore of'said.lake to an -intersection with said "Line X" hereinabove described; thence -north along said "Line T' to its intersection with said "Line Y" as hereinabove described;,..thence North .l2 degrees 54 minutes 40 seconds Eaat•along said "Line Y", 766.76 feet to the point ofheginniug; ALSO That part of Government Lot 7 in Section 9, Township 11.7 North, Range'•23-West of'the 5th Principal"Meridian, described as follows: Beginning at a point being 302..81 feet South of the North line and 462.00 feet West'of the Bast line oi'said'Government Lot 7; thence South E2 degrees 13 minutes West, 290.2 feet; thence South 35. degrees 05 minutes -.West, 194.4 feet; thence South 13 degrees -57 minutes.West, 167.65 feet to the actual pcii.nt of beginning of the tract of land to be described; thence North 13 degrees 57 minutes East, 167..85 feet; thence North 35 degrees 05 minutes East, 194.4 feet; thence North 82 degrees 13 minutes • East, 193.2 feet; thence -South 31 degrees 07 minutes 10 seconds West, 261.39 feet,;..thence South 13 degrees 25 minutes 37 seconds West, 167.65 feet: thence South 9 degrees 32 minutes 30 seconds West, 286.14 feet; thence due South to the -ohore of Maxwell Bay. Lake Minnetonka; thence Westerly along said shoreline to an*intersection with a line Daring S --,-:h 5 degrees 23 minutes West, from the actual point of beginning; thence North 5 degrees 23 minutes East to the actual poiz.t of beginning. - For the purpose of this description the -East line of said Government Lot 7 is aaeuomd to be due a North and South line.,.