HomeMy WebLinkAboutResolution 1572 �} � - . . .
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; -,},����,`�:". RESOLUTION OF THE CITY COUNCIL
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• • • y GRANTING A CONDITIONAL USE PERMIT PER
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MiJNICIPAL ZONING CODE SECTIOI� 31.10P! AND P��
SECTION 31.11g, GRANTING A VARIANCE TO MUNIQIPAL
ZONING CODE SECTION 31.1P11 - FILE �773
WHEREAS, H. Richard Zuckman (hereafter "applicant" ) has made
application to the City of Orono (hereafter "City") to permit the continuation of
the legal non conforming use of the property located at 3995 NoYth Shore Drive and
in addition seeks approval of an "after the fact" unauthorized change from one non
conforming use to another non conforming use; and
WHEREAS, Robert F. Suess, Joan L. Suess and Charles J. Maciosek have an
interest in the property legally described as follows:
That part of government Lot 2 described as beginning at the NW corner of
Section 17 thence East along North line of government Lot 2 distance
. 362.35 ft thence South at right angles 148. 5 ft thence West alorig South
line of North 148 . 5 ft thereof to shore of Lake Minnetonka thence
Northwesterly along said shore to West line of said government Lot 2 �
� thence North to point of beginning also that part of government Lot 5
Section 18, Township 117, Range 23 lying South of North 33 ft thereof
except roads. (hereafter "property") ; and
WHEREAS, per Section 31. 1f�g, the applicant and proposed new owner of the
property has appli�d for a conditional use permit to allow the continuation of the
legal non conforming use of the property and per the directive of Section 31. 110 as
follows :
31. 1101. APPLY TO 'USES" ONLY. The non-conforming use provisions of
the Zoning Code apply only to the use to which land and buidings are put, and do not
apply to situations where location or height of structures , lot size or other -
factors not involving the use of the premises prevent strict conformance with the
requirements of the Zoning Code . Where, however , such a situation existed
legally underthepriorapplicablelaw, the Council will not unreasonablyrequire
strict compliance and will generally look with favor on granting of a variance
under 32. 300. �
seeks a variance to Section 31. 101 to permit a change from one non conforming use
to another non conforming use of the property.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono , Minnesota :
FINDINGS
. 1 . The application was reviewed as zoning file no. 773 .
2. The property is located in the LR-1C Lakeshore Residential Zoning
District.
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3. On September 13, 1968 , the City approved a conditional use permit
for an existing non conforming use of the property; the conditional use permit
approved the continued use of seven dwelling units (cabins) as a seasonal resort
on the property. Prior to a 1968 Conditional Use Permit, a seasonal resort ,
referred to in past years as Zak' s resort and in recent years as the Sandy Beach
Resort, had existed on the property for over 50 years. �
4. During a period beginning sometime in 1968 through 1971, all seven �
residential units received sewer service and each cabin was charged for one sewer
unit.
5. On August 25, 1969 , the City approved the issuance of a building
permit to permit the reconstruction of a residential unit (cabin) totally
destroyed by fire. �
. 5. On September 29 , 1971 , a report from the City Building Official
confirmed that six units were used as permanent year/round rentals and one
*-emained classified as seasonal rentals. �
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7. Charles Maciosek, the present owner , purchased the property
sometime in 1977 and has confirmed that all seven units were used as permanent year
round rental units . .
8. At present all seven units are used as permanent year round rental
units.
9. The cabin structures are old but have been maintained on a regular
basis allowing for safe use by the renters.
10. The use and maintenance of the seven cabin structures are subject to �
the standards and guidelines setforth in the non conforming use sections of the
zoning code as follows : .
a) 31. 102. Nothing in this Zoning Code shall prevent the placing of a
structure in safe condition when said structure is declared unsafe by
the Building Inspector , providing the necessary repairs shall not
constitute more than 5� percent of the fair market value of such
structure. Structure shall include such accessory features attached
to the structure or located anywhere on the land , such as signs , ,
marquees , monuments.
As of 1980 , the assessor has placed a total fair market value on the seven
cabin structures at 37,70fd. According to Section 31. 102 repairs to each
�tructure may not exceed $2,693 . P�0 in each year . (50� of $5, 386. 0PJ) . This
figure will be adjusted with each valuation change for structures on property.
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b) 31 . 1P13 . When any lawful non conforming use of any structure or
land in any district has been changed to a conforming use, it shall not
thereafter be changed to any non conforming use .
c) 31. 104. Whenever a lawful non conforming structure shall have
been damaged by fire, flood , explosion, earthquake, war , riot, or act of
God, it may be reconstructed and used as before if it be reconstructed
within twelve (12) months after such calamity, unless the damage to the �
building or structure is seventy-five percent (75�) or more of its fair
market value as shown on the assessment records at the time of damage, in
which case the whole thereof shall be demolished, and any construction
thereafter shall be for a use in accordance with the provisions of this
Zoning Code.
Based on the current valuation of each structure , if repairs to
structure totalled $4,P14P1.f�0 or more the damaged structure would have to be razed
.75$ of $5, 386. 00) .
d) 31. 105. Whenever a lawful non conforming use of a structure or
land is discontinued and remains discontinued for a period of twelve
(12) months , any future use of said structure or land shall be in
conformity with the provisions of this Zoning Code.
e) 31. 1�8. Normal maintenance of a building or other structure
containing or related to a lawful non conforming use is permitted ,
including necessary non structural repairs and incidental alterations
which do not extend or intensify the non conforming use.
Non structural repairs may be defined as follows :
� 1. Reroofing (partial or complete) _
2. Siding (partial or complete)
3. Replacement of windows .
Structural repairs may be defined as follows :
1. Replacing foundation (complete, partial , one block)
2. Repairs of studs within framework.
• 3. Enlarging or changing size in any manner of window and door areas .
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All allowed structural repairs may not exceed $2,693. �0 for ea�h cabin
structure for one year period (SPI$ of $5,386. 00) ..
f) 31 . 109. Alterations may be made to a building containing lawful
non conforming residential units when they will improve the livability
thereof , provided they will not increase the number of dwelling units or
bulk of the building . �
11. Council finds the change from seasonal resort use to permanent year
round rental use of the property to be a less intense use because the permanent
renter uses the cabin as a residence resulting in less use of the
limited/riparian shoreline than the seasonal user.
12. The seasonal renters would often rent on a weekly basis
demonstrating little concern for the property where the permanent renter a
resident of the City is more concerned with the upkeep and appearance of the
property. . �
• 13. The policing and protection of a property with permanent renters is
made easier by the element of familiarity - neighbor knowing neighbor as opposed
to the weekly or seasonal renters. '
14. The City Council has considered this application including the �
findings and recommendationsof the Planning Commission, reports by City staff ,
comments by the owner and applicant and the effects of the non conforming use and
location of this use in relation to the public health, safety and welfare within
the community.
15. The City Council finds that the conditions existing on this �
property are peculiar to it and do not apply generally to the property in this �
� zoning district: the granting of the variance would not adversely effect
traffic conditions, light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a convenience to the owner , but is
necessary to alleviate a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the owner; and would be in keeping with
the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
lti. The City Council finds that granting a cond.itional use permit to the
applicant for the continuation of a non conforming use of the property allowing
year round rental of the seven cabin structures would not be detrimental to the
health , safety or general welfare of the public, nor will it depreciate
surrounding property values and the level of use of the property limited by the
�rtinent sections for non conforming uses within the Zoning Code will be in
eping with the in,tent and objections of the Zoning Code and Comprehensive Plan
of the City.
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. ���. Ci.ty of ORONO
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���� CONCLUSIONS, ORDER AAID CONDITIONS
Based upon the above findings the City Council of Orono grants a
Conditional Use Permit per Section 31 . 100 to H. Richard Zuckman to allow the
continuation of a non conforming use of the property and per SEction 31. 11P1 grants
a variance to Section 31. 101 to allow a less intense non conforming use to replace
a more intense non conforming use subject to the following conditions:
1. The storage of boats on land shall be limited to three fishing boats
less than 16 feet in length. �
2. The parking of all cars (renters and visitors) must be on the
property and not within or along the right of way of North Shore Drive .
. ?�. Al1 building repairs must be reviewed by the Building & Zoning
Department. Such repairs will be subject to the standards and guidelines
setforth in finding ten (1�) of this resolution.
4. Applicant as the future owner of the property is asked to seek and
�nploy methods to reduce excessive hardcover on the property.
5. The City will approve no future variance for this property.
6. The'City Council hereby reserves the right to review and/or modify
this conditional use permit , if at any time in the future the Council finds the
conditions of the subject permit to be violated or if the less intense use of the
property is found to be detrimental to the health, safety and public welfare of
Orono citizens.
7. Violation of or non compliance with any of the terms and conditions
of this permit shall constitute a violation of the Zoning Code, shall
automatically terminate anyauthority granted herein, and shall be punishable as
a misdemeanor .
8 . the undersigned has read , understood and hereby agrees to the terms
of this resolution and hereby agrees to the recording of this resolution in the
chain of title of the property.
Adopted by the Orono City Council on this 24 day of
october .19 83, by a vote of 5 ayes and p nays.
ATTEST: CITY OF ORONO
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A erta M. Strom, ity er Mary . er, ayor
'"�'�^�r��� �. Clt� of ORONO
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Prope ty Own r (s)
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roper Owner (s) .
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STATE OF MINNESOTA )
) ss .
COUNTY OF. HENNEPIN )
On this L �' day of , 1983 , before me a Notary Public
within � or said County. personally appeared
, known to • me to be the
person (s) desc ibed in and who executed t e oregoing instrument, and
acknowledged that he (they) executed the same as his, (their) free act and deed .
7�'�� .C�i�L��
o"'�� JOHN R. C3ERHARDSON NOT RY PUBL C
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
'ti`- My commt�on�xptra 10�b�fi
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MY COMMISSION EXPIRES
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� ��._ � ;. Clt� of ORONO �
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�'"��'�l� RESOLUTION OF THE CITY COUNCIL
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1572
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STATE ���p ESOTA ) ,
) ss.
COUNTY OF HENNEPIN )
On this 3 / day of , 1983 , before me a Notary Public
withi nd , for said County, personally appeared
2�c,Q¢a . `'yy� known .to be the person (s)
describe in an w o execute t e oregoing instrument, and acknowledged that he
(they) executed the same as his (their) free act and deed .
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�""� JOHN R. (3ERHARDSON NO ARY PU IC
NOTARY PUBLIC-MINNESOTA
+, HENNEPIN COUNTY
My comm�ssion pqs4re,f�� `
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MY COMMISSION EXPIRES
•
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this j day of ��n�� , 1983 , before me a Notary Public
���thi and for said County, personally appeared
����►.u.v� � .���/ � known to be the person (s)
described in and w executed the foregoing nstrument, and acknowledged that he
(they) executed the same as his (their) free act and deed. .
�...-�.a..�,..�.�.._ c����f�, .�iir�z������
�'~'� JOHN R. GERHARDSON N ARY PUB IC '
NOTARY PUBL�C-MINNESOTA
.� , HENNEPIN COUN7Y
• My commts�an�xpkes'10,?b09
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MY COMM SS ON XPIRES
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. `:�.i�.� . Cit� of ORONO . .
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RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA ) '
) ss.
COUNTY OF HENNEPIN )
On this day of , 1983 , before me a Notary Public
within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the oregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed .
NOTARY PUBLIC
• MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per Minnesota
Statutes 386.77 .
Bruce D. Malkerson, City Attorney
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono ,
P.O. Box 66
Crystal Bay, MN 55323 .
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