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Home My WebLink About#6023-CUP-2011 ��oo �oX S-hre-e� Doc No T4944814 Certified, filed and/or recorded on 4/9/12 4:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 18 Pkg ID 793234M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 800026 This cover sheet is now a permanent part of the recorded document. , t,' �^"„� _- .� ._ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-303(3)(A) FILE NO. 11-3497 � � o,� � o , o -��,..- C ITY of OROND � � ti �'� G'�' RESOLUTION OF THE C17Y COUNCIL L�kES�I�4� NO. � � 2 3 A RESOLL?TION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPA,L ZONING CODE SECTION 78-303(3)(A) FILE NO. 11-3497 WHEREAS, William L. Trubecic, a single person (hereinafter "the Applicant") is the owner of the property located at 3300 Fox Street within the City of Orono (hereinafter the "City") and le�ally described as follows: Tract A, RLS No. 727, files of ReQistrar of Titles, Hennepin County, Minnesota and Tract C and D, RLS No. 1��8, files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter the "Property"); and � � WHEREAS, the Applicant has made application to the Citv of Orono for a conditional use permit pursuant to Orono Municipal Zonin� Code Section 78-303(3)(a) to allow construction of a 1,800 square foot Quest house on the Property; and WHEREAS, the size of the guest house at 1,800 squa�-e feet is considered an oversized accessory structure (OAS); and WHEREAS, the Pi-operty is pernlitted one OAS up to 1;800 square feet in area pursuant to Orono Municipal Zoiung Code Section 78-1434 upon agreein� to the standard covenants outlined within Code Section 78-]434(3)(c). NO�', THEREFORF; BE IT FZESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zonin�File 11-3497. 2. The Property is located in the LR-lA Lakeshore Residential Zoning District which requires a miniinum lot area of 2.0 acres and a minimum lot widtl� of 200 feet. Page 1 of 4 , o.�,. � o , o �:� CITY of ORONO � � � �.� `�/` G'�' RESOLUTION OF THE CITY COUNCIL t�kES�1�4� N0. °� � � 5 3. The Planning Commission reviewed this application at a public l�earing held on January ]8, ?Ol 1 and recommended appro��al of the conditional use permit based on the following findin�s: a. The Property has 4.5 acres in area and meets t}le acreage requirement for a guest house. b. The 1,800 square foot �uest house meets the OAS size ]imitation. c. The guest house will meet all required setbacks and zoninb requirements. d. The Applicant aarees to the standard covenants for a guest house and an OAS. 4. The City Council has considered this application including the findin�s and recominendation of tl�e Planning Commission, reports by City staff, coinments by the Applicant and the public, and the effect of the proposed conditional use pennit on the health, safety and welfare of the community. 5. The City Council finds that the Applicant's request would be in keeping with the spirit and intent of the Zoninb Code and Comprehensive Plan of the City. CONCLLTSIONS, ORDER AND CONDITIONS Based upon one or n�ore of the above findin�s, tl�e Orono City Council hereby grants a conditional use pennit pursuant to Orono Municipal Zonin� Code Section 78-303 Subdivision 3 to allow construction of a 1,800 square foot �uest house, subject to the followin; conditions: l. Council approval is based on the site plan submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibi� A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council revie��. 2. Hardcover in the 0-75' zone shall not increase above �he level of 0%. Hardcover in the 75-250' zone shall be limited to 8,118 s.f. ar 25%; hardcover within tl�e 250'-500' zone shall be limited to 19,014 s.f. or 30%; and hardcover v��ithin the �00'-1000' zone sl�all be Iimited to 32,670 s.f. or 3�% per tl�e proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or cl�ange the nature of existing/approved hardcover shall require City Pa�e 2 of 4 , o.�,. � 0 0 �' � - C ITY of ORONO � � ��::�_�� RESOLUTION OF THE CITY COUNCIL �L�kES�I�4�G NO. r; �} � i approval, and increases in hardcover above tl�e allowed levels will not ]ikely be approved without concun�ent reduction in existin�hardcover. 3. Pursuant to City Code Section 86-68 foulldation and as-btiiilt surveys are required: a. A foundation survey is required to be submitted prior to commencement of framing; and b. An as-built grading plan verifying compliance with tl�e building pennit, stormwater management, a adiizg and draina;e plans shall be submitted prior to the issuance of a Certificate of Occupancy for the residence. 4. The buildin� plans submitted for building pernzit will be reviewed to ensure conlpiiance with the City s buildin� hei��ht and number of stories re�ulations. 5. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 6. The Applicant hereby covenants: a) No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may �rant a finite time period in which the oversized accessory stnicttu-e may remain without a principal structure, in order that a principal stnicture n�ay be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been coilstructed. b) If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requireinent for the �iven size of accessory building. c) In subdivision approval, the setback required for the oversize accessory structure shall remain. d) The guest l�ouse is for the sole use of the occupants of the principle dwelling, including their- domestic employees and nonpayin� buests. e) The guest house shall not be used as a renta] until and will not be used for a l�ome occupation. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtainin� a buildin� permit for the new construction and commencing construction of said project. A framina inspection must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date (January 24, 2012). Pa�e 3 of 4 � o� � o _� o - CITY of ORONO � ,�� '� ��' �'�' RESOLUTION OF THE CITY COUNCIL L�kES�I�4'� NO. � � � 3 8. Violation of or non-compliance with any of the tenns and conditions of tllis resolution sl�all constitute a violation of the zoning code, shall automatically terminate any authority �nanted herein, and shall be punishable as a misdemeanor. 9. The undersigned Applicant has read, understands and hereby agrees to the tenns of this resolution and on behalf of the Applican� a.lid ti�e Applicant's heirs, sticcesso:s and ,,,..�ssivns, hereby a�nees to the recording of this resolution in the chain of title of the r .Y�t�,s.�ar�p�er#y., ,�;, -� ��,�;. 4 Fi t °��<�� •ti'��dopted by the Oroi�o City Council on the 24`" day of January, 201 l. ,, � T !'�'+,..'6 .. y^ 'i r'��'T��`L: r �:: r 'Y }�,, ;� �� ti =� a ' � J / ` � �� '.�-- ��.��.:- � �7,1��d.�� `�,�i��da,�:��ee;,�Ci�y Clerk Lili Tod McMillan, Mayor �� ;, Property Owner STATE OF MI_NNESOTA COUNTY OF HENNEPIN i-` ,^. This instniment was acknowledged before me this�day of t�.��(l�lC�='u-� �1��y William L. Trubecic, a sin�le person. -� ----� � a ' � RACHEL DODGE Notary Public _ k��JTARY PUBLfC-MINNESOTA :;,++�' Niy Commis,ion Expires Jan.31,2015 . ..�'_.�s�,ara Page 4 of 4 CERTrFICATE OF SURVEY FOR �30' oo" E �,5�-1 ��9@e s �992 �� WILLIAM L. TRUBECK N Z2 8416 ?=\� 849�6'��'\\, � � >� :� OF TRACT A R.L.S. N0. 727 AND oo°� � ��, ��,� `s��s,9°� OF TRACTS C & D, R.L.S. N0. 1358 .,�°��;��,' �=�'�� ;�� \S � \ `�� , Z � HENNEPIN COUNTY, MINNESOTA �-'o�'�o' \\\\� �,� � 2� ��,.,�� . �� ` �': � � �, � �� O�� \'�., �` ��' � —50 C 5C '�00 i5C �� \ � Gj1��p�� I �1 �1��\ ,o_ u"��"cKrov� �� . � �� ,� � � ��, oa��Ew.v, U� \ n,� � u.�:�. �1� � � �J ° 1� � 1 � � ' �s �'T"A� � � ,� I � � � v � :a� � \ � °� w s c � �_ � n � , ` � � � � � �,PR�os� i � o � � Q L� �� \ � \ � \ j e�moMc" 1�+� \ = � _ � STR�ET ,\ � ,� , � ''� �, � � � .o�° 3s�- � � �o�� . I � � � \� � \y \� \`� o, y;eO= STATE OF MINNESOTA ) ) ss COLINTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on January 24, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 26t1� day of Januarv , 2011. :. , _ � � � 6 ��.n;,�.- ��., ti��;: CityTClerk '' ;��(seal�� uA � �� ;+" ;� , .��,J -•f�I^ . .tl.. . S-:+ .N$',�'.F ' .,. � .