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Home My WebLink AboutReso 6624 �� - � � �..��s �� Doc No T05398749 Certified, filed and/or recorded on Nov 4, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 1473710M Certified Copy of any document $10.00 Document Recording Fee $46.00 Document Total $56.00 Existing Certs 1356482 This cover sheet is now a permanent part of the recorded document. - ��:>`� o � � �o C IT� oF oRONo RESOLUTION OF THE CITY COUNCIL �' 6 6 2 �� y� : t`�kFSHo��' �' N O. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-328('n and 78-1437 FILE NO. 16-3821 WHEREAS, Timothy G. Becker and Mary E. Snyker-Becker, husband and wife (hereinafter "the Applicants") are the owners of the property located at 1565 Fairview Cottage Lane within the City of Orono (hereinafter the "City"), Hennepin County PINS 07-117- 23-43-0033, and legally described as Lots 4 and 5, "ORCHARD BEACH"; also Lot 29, "HIGHWOOD LAKE MINNETONKA", Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter "CUP") pursuant to Orono Municipal Zoning Code Sections 78-328(7) and 78-1437 to allow installation of a full bathroom including a bathtub and/or shower within a proposed conforming accessory structure (hereinafter the "Garage/Studio") on the Property; and WHEREAS, the provision of a bathtub or shower within an accessory building is considered a conditional use within the LR-1B zoning district pursuant to Orono Municipal Zoning Code Sections 78-328(7) and 78-1437 upon agreeing to the standard covenants outlined within Code Section 78-328(7). NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 16-3821. 2. The Property is located in the LR-1B Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. Page 1 of 6 �°�o C ITY OF ORONO � RESOLUTION OF "I'HE CITY COUNCIL y`� G~ b 6 2 4 �'�kEsxo��' N O. 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2016 and recommended approval of the CUP based on the following findings: a. The Property has 1.21 acres in area and 210 feet in defined width. b. The plumbing fixtures proposed are in keeping with the residential accessory use of the Garage/Studio. c. The Garage/Studio will be conforming in location, size and height. d. The Applicants agree to the filing of a covenant in the title of the Property providing that the Garage/Studio will not be used for a home occupation unless specifically approved by the city or if allowed by this Code; will not be used as a dwelling unless a guest house conditional use permit is obtained; and will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. Conditional Use Permit Analysis. The City Council makes the following findings with regard to the criteria necessary for the granting of a conditional use permit. (1) The proposed use is consistent with the Community Management Plan (CMP). The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood (2) The proposed is compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The proposal will comply with the code provisions applicable to plumbing in accessory structures. The accessory building will be conforming in location, size and height (3) The proposed use is adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities (4) The proposed use is provided with an adequate water supply and sewage disposal system. The proposed fixtures will be connected to municipal sewer and a private wel� (5) The proposed use is not expected to generate excessive demand for public services at public cost. This criterion is me� Page 2 of 6 �°�o C ITY OF ORONO �. RESOLUTION OF THE CITY COUNCIL �`� ~�` b 6 2 4 r9'�ESHO�� ' N O. (6) The proposed use is compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The proposed accessory structure with plumbing is residential in character and its use is expected to be compatible with the surrounding area. (7) The proposed use is consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The proposed accessory structure with plumbing is residential in visual character and is expected to be compatible with the surrounding area. (8) The proposed use is compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The architectural styling of the proposed building is expected to be consistent with that of the principal structure on the property. (9) The proposed use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The addition of plumbing in the proposed structure when used under the CUP requirements for said plumbing is not anticipated to have any adverse effects on the neighborhood (10) The proposed use will be provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. Screening or buffering will not be required (11) The proposed use will not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed use is not expected to cause any of these undesirable impacts (12) 'The proposed use will not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. It is anticipated that the proposed use will not generate any of these undesirable issues. (13) The proposed use is designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed use witl not affect these features or have a negative environnzental impac� Page 3 of 6 ��0 C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`�t.� �.G' N o. 6 6 2 4 kESHO� (14) All exterior lighting shall be so directed so as not to cast glare towazd or onto the public right-of-way or neighboring residential uses or districts. Applicants are advised of this requiremenz 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 6. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-328(7) and 78-1437 to allow installation of a full bathroom including a bathtub and/or shower within the Garage/Studio on the Property, subject to the following conditions: 1. The CUP is for installation of a full bathroom within the Garage/Studio as shown on the survey attached as E�chibit A and building plans attached as Ea�hibit B. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicants hereby covenant the following: a) The Garage/Studio shall not be used for a home occupation unless specifically approved by the City or if allowed by City Code. b) The Garage/Studio shall not be used as a dwelling or guest house unless a guest house conditional use permit is obtained. c) 'The Garage/Studio shall not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building/plumbing permit for the new construction and commencing construction of said project. A satisfactory final Page4of6 �0�� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G`� L tqkFSH�4� N�. � v � � inspection for the plumbing installation must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date(May 9, 2017). 4. 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. 5. The undersigned Applicants have read, understand and hereby agee to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 9�'day of May, 2016. ATTEST: �� , ` -- � _�,,.,� ..�� -- ' iane Tiegs, City Cl �� Lili Tod McMillan, Mayor Properiy O er Property Owner Page 5 of 6 ��o� � C ITY OF OR4N0 �. RESOLUTION OF THE CITY COUNCIL �� b62q �' N O. rAkESHO�� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) J The foregoing instrument was acknowledged before me this�v`"Lday of� �_ - J,� 2016,by Timothy G. Becker, husband of Mary E. Snyker-Becker. / 'Y,f��,...� �l�L�8 � '� . ..:�jti�, Nora�r Pue�,c ��` ,a.�� - y ��T" No ublic NdCoir�on E�ires o��;s:ra�z� :�"'� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ��'J' day of �i�Jt_� 2016,by Mary E. Snyker-Becker,wife of Timothy G. Becker. .�a""', ��Q'c�---�� c� � � � RACHEL DODGE �x'-' �o �= NOTARYPUBLIC-MINNESOTA NOtaTyPub11C `��wt;�''� M�'Comm(sslon Eupires Jan.31,2020 Page 6 of 6 , , �1[i}� - - 9r � � ¢ xr � � �� CL L E �1�� p� " �� 1 a( � .n �il � �� % f �� t� �;F � r �� ti � r/� �c �i �� f� � � J j .� � � � .. 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' Y� , \ ^..\ � v/_` /��S ��z�v�-U�� Doc No A10380442 Certified, filed and/or recorded on Nov 4, 2016 4:30 PM Office of the County Recorder Hennepin County, Minnesota � Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 1473733M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. . ,� y , Doc No T05398749 Certified, filed and/or recorded on Nov 4, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 9 Pkg ID 1473710M Certified Copy of any document $10.00 Document Recording Fee $46.00 Document Total $56.00 Existing Certs 1356482 STATE OF MIN^�FSC ;, ��JU^,TY OF HENNEPIN Certified to be a t��e an::carrert copy of the .,r �� „ original cn fi�e ard ct recer�in my office , �.�-� -_ ��° �� ; _�i�� fa � 'v � � - _ NOV 0 4 2016 �� `��`� �. w� `� _ � c � � �':& 4 � � � , � � � � rtin �c�om;c�, rlegis�rar fTitles " ' ue, h `�' /. Qy�� t /` Deputy �t� 'r ,, � f ¢�ti;�:.��. • ` This cover sheet is now a permanent part of the recorded document. a � � 't � �O�l � ' ♦O C ITY OF ORONO � RESOLUTION OF T'HE CITY COUNCIL �`� �� 6 2 t� G t�KESH�� N O. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-328('� and 78-1437 FILE N0. 16-3821 WHEREAS, Timothy G. Becker and Mary E. Snyker-Becker, husband and wife (hereinafter "the Applicants") are the owners of the property located at 1565 Fairview Cottage Lane within the City of Orono (hereinafter the "City"), Hennepin County PINS 07-117- 23-43-0033, and legally described as Lots 4 and 5, "ORCHARD BEACH"; also Lot 29, "HIGHWOOD LAKE M1NIVETONKA", Hennepin County, Minnesota (hereinafter the "Property"), and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter "CUP") pursuant to Orono Municipal Zoning Code Sections 78-328(7) and 78-1437 to allow installation of a full bathroom including a bathtub and/or shower within a proposed conforming accessory structure (hereinafter the "Garage/Studio") on the Property; and WHEREAS, the provision of a bathtub or shower within an accessory building is considered a conditional use within the LR-1B zoning district pursuant to Orono Municipal Zoning Code Sections 78-328(7) and 78-1437 upon agreeing to the standard covenants outlined within Code Section 78-328(7). NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: �, FINDINGS 1. T'his application was reviewed as Zoning File 16-3821. 2. The Property is located in the LR-1B Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum lot width of 140 feet. Page 1 of 6 ` � ' �� Y O�O C ITY OF ORONO � RESOLUTION OF THE CITY COUNCIL �`� ~�` 6 6 2 4 t'�kFsxoR�' G NO. 3. The Planning Commission reviewed this application at a public hearing held on April 18, 2016 and recommended approval of the CUP based on the following findings: a. The Property has 1.21 acres in area and 210 feet in defined width. b. The plumbing fixtures proposed are in keeping with the residential accessory use of the Garage/Studio. c. The Garage/Studio will be conforming in location, size and height. d. The Applicants agree to the filing of a covenant in the title of the Property providing that the Garage/Studio will not be used for a home occupation unless specifically approved by the city or if allowed by this Code; will not be used as a dwelling unless a guest house conditional use permit is obtained; and will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. Conditional Use Permit Analysis. The City Council makes the following findings with regard to the criteria necessary for the granting of a conditional use permit. (1) The proposed use is consistent with the Community Management Plan (CMP). The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood (2) The proposed is compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The proposal will comply with the code provisions applicable to plumbing in accessory structures The accessory building will be conforming in location,size and height (3) The proposed use is adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities (4) The proposed use is provided with an adequate water supply and sewage disposal system. The proposed fixtures will be connected to municipal sewer and a private wel� (5) The proposed use is not expected to generate excessive demand for public services at public cost. This criterion is me� Page 2 of 6 . � , , � � gOl V� C ITY OF QRONO RESOLUTION OF THE CITY COUNCIL � `� b624 � G~ r'�kFsxo�ti N O. (6) The proposed use is compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The proposed accessory structure with plumbing is residential in character and its use is expected to be compatible with the surrounding are� (7) The proposed use is consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The proposed accessory structure with plumbing is residential in visual character and is expected to be compatible with the surrounding area. (8) The proposed use is compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The architectural sryling of the proposed building is expected to be consistent with that of the principal structure on the property. (9) The proposed use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The addition of plumbing in the proposed structure when used under the CUP requirements for said pluinbing is not anticipated to have any adverse effects on the neighborhood (10) The proposed use will be provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. Screening or buffering will not be required (11) T'he proposed use will not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed use is not expected to cause any of these undesirable impacts (12) The proposed use will not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. It is anticipated that the proposed use will not generate any of these undesirable issues. (13) The proposed use is designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed use will not affect these features or have a negative environmental impac� Page 3 of 6 . ; , �-�1 V � C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �`�l-� �.G~� N o. 6 b 2 4 '�ES H O� (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. Applicants are advised of this requiremen� 5. The City Council has considered this application including the findings and recommendation of the Planning Commission,reports by City staff, comments by the Applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 6. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS,ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-328(7) and 78-1437 to allow installation of a full bathroom including a bathtub and/or shower within the Garage/Studio on the Property, subject to the following conditions: 1. The CUP is for installation of a full bathroom within the Garage/Studio as shown on the survey attached as E�ibit A and building plans attached as Ea�hibit B. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicants hereby covenant the following: a) T'he Garage/Studio shall not be used for a home occupation unless specifically approved by the City or if allowed by City Code. b) The Garage/Studio shall not be used as a dwelling or guest house unless a guest house conditional use permit is obtained. c) The Garage/Studio shall not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building/plumbing permit for the new construction and commencing construction of said project. A satisfactory final Page4of6 . � �� 1 �O�O C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL � � � G~ � 62 � r�'�ESHD��C N�. inspection for the plumbing installation must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date(May 9, 2017). 4. 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. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 9�day of May, 2016. AT'TEST: �� . � �� .� �� iane Tiegs, City Cl Lili Tod McMillan, Mayor Property O er Property Owner Page 5 of 6 . � • °, � �Ol VO C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� G��" b 6 2 4 t'�kESHo��" N O. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me thi�v`"day of 2016,by Timothy G. Becker,husband of Mary E. Snyker-Becker. ~� . .-/�" NO�LPU�tlB C .p.;�. C�./�2� �� y • ' t�WnMi�t�ene�To�rstira�t No ublic � ��•:, STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �da of��e�� Y , 2016,by Ma r y E. Sn yker-Becker,wife o f T i m o t h y G. B e c k e r. _. a.""'� �i�� !E/c� � .�' � RACHEL DODGE Notary Public �o: , �� NOTARY PUBLIC•MINNESOTA �,---., h1�Commission Expires Jan.31,2020 Page 6 of 6 s � �P I ��! - - 9r � { �i � .�i�'i � J }. � y �F�� i �� j � f� � � �f ��►° �f � � t �Z � �F � 1� � `p �i �jf f� � � � � � � r � i , „e �� + �• '�� ' i � - ' � .� ! _ �' a � `--� '"� � ' � ' _< . . �' � i�� e _�--.._ . r�;%" , n T �• � r !' :� � \ .;1 �� t�� u � � ��' � s t � � � : • - � . � ' � __ , . , --------------------.._ t a� r t �� \ �',�„�.�+ � c c �. t / •� �t. � ^�'+ �� i' � \ . / o �t� � ' �l`\ �t` /,/ , u � ; � � lt.o 7) t � � � o �r _ 1 �tr t��rt� ��i �l,��. i � � � ,�,,, ,..,,.. ��r � � ..�'�� N � � � �� ;�{ $ o � iiii t9eES3� � � , m ew�o9oe RS[ �..:..a� � L + t P d�. �.. ,�` `.�"",. �'��-�''�, � �I i- 2 �i� `�``�`. �eI \�s\` � �� ,7�� O b •9�\ ` `�� ` �6, � �t � � �' ` ��\\ � `\� � � N �� 1 �� ` �� t � ``\ fp � � ,•' 1 '� " \�'� '� ``,'�'� � g '� �; ��S � � �� \`t.``�� `� `-- ,� � �$� � �'}►¢e � � •.,, � >� ?,£� \` Q'"'•�� `�, .�y �� % ! �►�� ` �..� '� ,� ; �t _ � ,i• .� � `•;`. 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' �, `9 M_ � ' '�T� '�i e ``� � `�w��\��i� ```\`. � ` ,..yra!� /kp � ;i� ' i b � \\ \ ` �� ` ♦ 9� ♦ '`�w! � S � i � . t � �b� ��. .\� w� � t*e1 m ; � JGl � ` `. - � ' �� l� ' % � �\ \�`. � .: . i t i \ ` �� t�� ♦ � .4� rn t 1 � /� \ j � i� n \��. � � l 1 i `. �s � N � � i� �� ' � � ' �`, '� ''�� 9,� " ', �;�1.�.�e %� ;' �'� �, �e��- � j�;,%/ _.� ; .;' a o � � ' ` :�� . � ��. : , `' � ��_ ' ,�,6 Z ; n --� '� � ,F,� p 9��c ��g � ¢�j�g�� .�� _ m`•� � ��1i Cy 6��u �� Z r � I `• ti(p � I fi� �� I �y °�� ..�� l((�l��r D� e v om N 7�, �r ` � �� . neewaec '�O �W � --- i i � � � � � - �� (1�RONT EL�EVATION [1 SfDE ELEVATION � .M .M �7 � F W Aa}-- ----=- 8 — �H ---- � M,.�RE.aR ELEVATIort � --- 11 wIDE ELEVATION ��D LJ •r+ MAR 231018 2 #3821 «rc«�«� ___ '11i1��.'i � --------, , � ----------------, � � f ; � � � � l � - � � LOLLER LEVEL PLAN � i w.r.� r..rri� � � ' A 8 _ � � �� _ � � �� a tY'PER L...�.tP�AN � , ,�.� wwz3m�e � # 3a21 °�°��° . ` r STATE OF MINNESOTA ) ) ss COUNTY 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 May 9, 2016, 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 ccrporate se�l-c��the City this 17�h day of October, 2016. � � r 1�1��.�r '` ' e Tiegs, City Clerk � t/