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Home My WebLink About#4997 - CUP - 2003 , � O� - O �� _ O � �� CITY of ORONO ti �� / ' G~' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � � � s' A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR TEMPO1tARY GUEST HOUSE USE PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G) FILE #03-2896 WHEREAS,Franciscus G. and Liliane M. Bastiaens (hereinafter"the applicants"') are owners of the property located at 665 Ferndale Road North within the City of Orono(hereinafter "City") and legally described as: Attached "Exhibit A" (hereinafter "the property"); and tiVHEREAS,the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G)to allow an existing second residence on the property to be temporarily used as a guest house for a period of 24 months; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearin�on May 19,2003,at which times all persons desirin�to be heard concerning this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDIIV'GS 1. This application was reviewed as Zoning File �03-2896. 2. The property is located in the RR-1 B Zoning District,where 2 acres is the minimum lot area. The property is approximately 2.27 acres in area exclusive of 33'of right-of- way for Ferndale Road North. 3. The Planninj Commission reviewed this application on May 19, 2003 and sent it forward to the City Council �vith no specific recommendation, as no proposed motions received a majority vote. Page 1 of 7 . � °� _ o _,� _ o �g� CITY of ORONO ,� " ? ',..��. � '� � Y. ::a` ,� 't� '� G RESOLUTION OF THE CITY COUNCIL t`9kESH�4� NO. � � � �d 4. The City Council reviewed this application on June 9, 2003 and voted 4-0 to grant conditional approval for a temporary guest house Conditional Use Permit, and directed City staff to draft a Resolution documenting the appropriate findings and conditions of approval reflective of the Council's action. 5. The City Council makes the followin� findings of fact: A. While the guest house use will exceed the"2 acres per dwelling unit"density for properties in the RR-1B zonin� district, the temporary nature of the proposed use limits the potential impacts of that use. B. The guest house meets the minimum required setbacks between principal and accessory structures, but the property could not be subdivided in a manner that would aliow the guest house to stand alone on a conforming lot with conforming setbacks. C. The structure to be used as a guest house has a non-compliant but currently functional septic system which has the potential to serve the guest house use during the intended 2-year duration of said use. D. The primary access to the property is a netivly constructed driveway accessing to `Lydiard Road'. An existing access to Ferndale Road North provides a secondary means of access to the property. However, City Code Sections 6.0� Subd. 9 and 6.06 Subd. 9 allow only one road access point per lot for corner lots. Removal of the existing driveway onto Ferndale Road I�Torth once the guest house use is discontinued will make Ferndale Road North a safer road with one less access point for traffic to contend with. E. Because the guest house use is intended to be discontinued after 24 months, it would be appropriate that an agreement and escrow be established to ensure that the use is discontinued upon completion of the 24-month period. 6. The City Council has considered this application including the findings and recommendations of the Plarinin� Commission, reports by City staff, comments by the applicant and the effect of the proposed conditional use permit on the health, safety and �veifare of the community. Page 2 of 7 , � °� . 0 0 '��- CITY of ORON� ,� , :� �, ti �'� �� G~ RESOLUTION OF THE CITY COUNCIL L`9kESH�4� NO. _ L� g �i "�' 7. The City Council finds that granting a conditional use permit to allow a guest house for a period of 24 months 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 �vill its use depreciate sunounding 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 Based upon one or more of the findings noted above,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house, subject to the following conditions: 1. The guest house shall be used and occupied only by persons who would otherwise use the primary residence on the property, such as domestic help, guests and relatives. 2. The guest house shall not be used as a rental unit and will not be used for a home occupation, except to the extent that such use may be allowed by City Code. 3. If the existing septic system serving the guest house becomes a problem during th� period of authorized guest house use, applicant shall connect the guest house to the septic system serving the principal residence. 4. The guest house use shall be allowed or_ly for a period of 24 months beginning with the date of Council adoption of this Resolution. At the end of the 24 montl-�period, the property owner shall discontinue the guest house use and shall remove the structure from the property no later than 30 days after the end of the 24 month period. Applicants shall establish an escrow and agreement that allo�vs the City to remove the guest house if it is not removed in a timely manner by the applicants. 5. The existin�drive�vay connection directly to Ferndale Road North may be continued only durin� the 24 month period for tivhich the guest house use is allowed. Within 30 days after the end of the 24 month period, the driveway connection to Ferndale Road North shall be eliminated, and the driveways and entrance re�aded to permanently eliminate direct vehicle access to Ferndale Road North. Page 3 of 7 ' � �� O ` O ��'��:�� CITY of ORONO � �- z ,, ti �'C� ��f/ � O~ RESOLUTION OF THE CITY COUNCIL t`qkESH04� NO. � 9 � �� 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, understood and hereby a�-ee to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby a�-ee to the recordin;of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of June, 2003. AT�EST: �,.� �/� � � __.�_�__-�. � , -��u��<=�:('/�r�7�� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ..---•__ ,, � � . �� roperty Owner(s) '�"' � r�'�-'" - Page 4 of 7 . � °� � o r_,� o CITY of ORONO ��.� a � �> , a� � , � 1� - ti �'�L � � � �G~ RESOLUTION OF THE CITY COUNCIL 9kESH�� NO. 4 � � "� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 23rd day of June, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ;�-;a � , '� �iSy'��.�B�DER�! � � � Not Public lL'S � ;';,�_`� "!"',;��i�.i(:-�iiliti�l£�fr?,i : - �b. � ' ' f.�_"�,n,t�!L��iIfE�S.+•".;�� '(1�r ��.� G ^ _ . y;,; .y;,r.,. - ./g'-i'Y.!..,?:J'.Y'1�'>".a'- STATE OF MINNESOTA COUNTY OF HENNEPIN �r�`+�� y� The foregoing instrument was acknowled�ed before me on this day of_ �2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporatio and said instrument was executed on behalf of the City. ,,�:�-�.:�,�=�--= •• • ^,�1.�:_� ; / F"` '"� RAC4-icL DOi'v�: ;, � �� f - �-C._�- �� j NOTA�Y PU°LIC-A';':`�="��.� �( 1 i�y + `_. � MY Comm'ission Expires Jsn.3;,�CC� �. Notary Public \lj^-r - :�c/.`.:. t`-��-�Ai.�_- Page 5 of 7 � � �� O ,� _ O ��s� , C ITY of OR4N0 � ,3.r�;..: �JY ti �'C� �� G~ RESOLUTION OF THE CITY COUNCIL t9kESI=iOg'� NO. _ � � �' �� STATE OF MIl�NESOTA COUNTY OF HENNEpTi�t Onthis�dayof �u�`r , 2003,— f-('c�i'1GiSr<�S - i��5-F"ir o�� S ,b(c�rr�'c..LQ personally appeared before me, -�-- who is personally kno�vn to me ✓ whose identity I proved on the basis of ��-U� [7C-- whose identity I proved on the oath/affirmation of a credible witness ' and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � Q�iVISL M. LESKINEN � "_ ' NOTARY PUELIC-MINNESOTA ' `,;,`,,:�`.� My Commission ExpiresJan.31,2CC5 � ��G�.J� ''� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN �+-�._ On this � day of ,J��" , 20Q3 , L,'l��a_ i � ��( ��'sf-�c e�7S ✓vtG�il:{_:�� personally appeared before me, who is personally known to me _��vhose identity I proved on the basis of_ ,��,ti` � L_ �vhose identity I proved on the oath/affirmation of a credible witness ' and�vho executed the foregoing instrument, and ackno�vled;ed that he/she/they executed the same as his/her/their free act and deed. ;, j/ i , � -;:-�=w. D��vfSE M. LESKINEPJ � , ��^� �. ^ l� �4�. �� NOTARYPU3LIC-MINN�SOTA NotaryPublic ^''��`'�-.,�„,�` My Commissicn Ezpires Jan.31,2QC5 : Page 6 of 7 EXHIBIT A � g � ►� — -� __. ._ RESOLUTION NO. LEGAL DESCRIPTION PROPERTY D S�R�PT10N (Per Stewart Title of Minnesota title commitment order number � 0270007787, effective date September 12, 2002) All that part of Government Lot 3, Section 36, Township 118, North Ronge 23, West of the 5th Principal Meridian, described os foliows; Beginning at a point in the East line of said Government Lot 3, distant 691.6 feet South of the Northeast corner of said Govemment Lot 3, thence South along the East line of said Govemment Lot 3, a distance of 373 feet; thence Y/est parailel with the North line of said Government Lot 3, a distance of 298.35 feet; thence North parallei with said East line of Government Lot 3, a distance of 373 feet; thence East porallel with the North line of said Govemment Lot 3, a distance of 298.35 feet to the point of beginning. Pa;e 7 of 7 � DECLARATION OF AGREEMENT FOR CODE SEPTIC SYSTEM FRANCISCUS G BASTIAENS and , husband and wife (collectively, "Declarant"), effective on the day of January 2003, h��p'�4, a��'^�°� �� "^,�>�. RECITALS ,-, ' � - � , . , __ , . . � A. Declarant is the owner of that certain real pr � �... Minnesota legally described as: ,,;,�-t._` � /--- -; i 665 Ferndale Rd N C � _ , (the "Property��) (e�u;�<� - B. The City of Orono has.per-nrittCd the Declar both dwellings on the property prior to issuance of Certific C. In consideration for the agreement of the Ci of the septic system described in "B" above, Declarant agrf Property to the restrictions and limitations set forth in this - _ DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals,the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Declarant does hereby declare as follows: (1) This agreement is regarding the existing non-compliant septic system at 665 Ferndale Rd N. The septic system is composed of two septic tanks of unknown size and unknown drainfield. The second tank is within 15 feet of the proposed location of the new dwelling at this property. The following must be completed prior to the issuance of a Certificate of Occupancy on the new dwelling: 1)A trench must be dug 10 feet from the foundation of the new house to see if the existing houses septic system will be affected. If drainfield is found within 10 feet of new house than holding tanks must be used on the existing house until weather allows for construction of a code septic system. 2) The existing house (guest house)must be connected to a code septic system prior to the issuance of the Certificate of Occupancy for the new dwelling. This system can either be: a) A new septic system for the guest house. b) Connect to the new dwellings septic system, only if it is sized for both houses. The main goal is to get both houses connected to a code septic system. 121064340v1 754868 2. Code Compliance. The septic system shall be installed and connected in compliance with the City of Orono Municipal Septic Code. 3. Enforcement. The City of Orono, or any resident of the City of Orono shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this Declaration shall be by proceedings at law or in equity against any person or entity violazing or attempting to - violate any covenant, restriction or provisions set forth herein, either to restrain such violation or to recover damages. With respect to any measures or action, legal, administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the party seeking enforcement of this Declaration any and all reasonable expenses incurred in connection with such enforcement, including without limitation reasonable attorneys' fees; except that under no circumstances shall the Declarant be obligated to pay such expenses. � 4. Governin� Law. This Declaration shall be governed and construed under the laws of the State of Minnesota. FRANCISCUS G BASTIAENS BASTIAENS DECLARANT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2003, FRANCISCUS G BASTIAENS and , husband and wife. Notary Public 2 121064340v1�54868