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Home My WebLink About#3455-variance/CUP-1994 . , �4�'�� O�' CITY of ORONO . O_ ,:,,\ O , ��-� > RESOLUTION OF THE CITY COUNCIL � � '��'�' ,,,��. � No. 3 4 5 � '� �`'�� :�� Gti, �9�EsHo4'� I A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 3 (A) FILE NO. 1942 WHEREAS, William J. Stoddard (hereinafter the "applicant") is the owner of the property located at 2605 Kelly Avenue within the City of Orono (hereinafter "City") and legall� described as: �Townsite of Langdon Park Lot 5, Block 5, including adjoining vacated 34' of Kelly Avenue, City of Orono, Hennepin County, Minnesota (hereinafter "the properry"); and WHEREAS, the applicant has applied for a conditional use permit to allow the continued use of a residence structure as a guest house on the property and an area variance as property consists of 73,008 s.f. or 1.68 acres where 87,120 s.f. or 2 acres is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1942. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District requiring one acre in area. The properry consists of 73,OC8 s.f. o; ?.�� acre. 3. The Orono Planning Commission reviewed this application on July 18, 1994 and recommended approval of the conditional use permit and variance as proposed, based on the following unique findings and hardships: a. There is no immediately adjacent lands available for applicant to acquire in order to meet the area standard for a second residential unit per the LR- 1B area standard. TRAtVSFER ENTERE� �1£NNEPIN COUtQ i Y TAXPAYER SE?VI�ES Page 1 of 5 SEF 16 1994 F��GtA1FP_IN�UNTy;Jnvey. BY ,�� `�i�� 'r',� DEPUTY �'. ._ Porm 5005 D1sX On � ` � O� CITY of ORONO O .�� O � ��- � RESOLUTION OF THE CITY COUNCIL � � �'::�� , No. �S 4 5 5 �� ' �` G~ � . �`9x'E88og'� b. Per Section 10.03, Subdivision 6 (A) (1), the lot meets 80% of required lot width at 125' (required 140') for development and use as a single family residential unit. c. Sewer and water is available to the properly and there is adequate capacity to serve the second residential unit. d. The second residential structure has existed on the property for over 40 years. e. The City has received no negative comments from the adjacent residential properties that would receive the most impact from the intensification in use of the structure. f. The applicant has advised in writing that the structure shall be used solely for his guests or visiting members of his family and shall never be used for rental purposes. 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 properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property r;gttt of the appl:cant; and woul� be ir, keeping v��ith the spi:it 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 a guest house use 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 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and other parties and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 Fam 5005 Dish Oi . � °� 0 CITY of ORONO O .:, ��=� RESOLUTION OF TH �I�Y COUNCIL `'j �� ' ✓�' �, NO. $ �� e� � � , � � ��9� ` og�G ESK CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and variance per Municipal Zoning Code Section 10.24, Subdivision 3 (A) for the existing guest apartment above the detached garage to be served by sewer and water and grants an area �ariance of 14,112 s.f. or .32 acres, subject to the following conditions: 1. The City in granting this conditional use permit and area variance to allow the continued use of the second residential structure on the property for guest house use does not purport an inherent right to subdivide this property at a future date. The existing LR-1B zoning district requires a minimum of 2 acres in area and 140' of lot width. The property consists of 1.68 acres and measures 125' in width. 2. The residential structure may never be used for rental purposes but shall be for the exclusive use of occupants of principal structure, guests or hired help. 3. The applicant is hereby advised that a fire wall separation must be provided between lower level garage and first floor level guest apartment. 4. 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 germi� with�: one yea: of the date of Council approval, or the special conditions of this resolution will expire on that date (August 8, 1995). 5. 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. 6. The undersigned applicant has read, understood'arid 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. Page 3 of 5 Form 5005 Disk Or � ' , - � ��' CITY of ORONO O :,.,.� � O �,��-> „� RESOLUTION OF THE CITY COUNCIL � ��'� ��;� ��, No. 3 4 5 � .� ��x o¢�G ESS Adopted by the Orono City Council on this 8th day of August, 1994. AT �T: : - � ` � ; � ottiy M.. lin, City•Clerk Edward J. Callahan,- r., ayor � . f Property Owner STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of August, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. c.��. w�s��uuw Notary Public NDTARY PU9l.IC�i1MiEMTA HENNEPIN COUN7Y MY COMMISSpI�I EXPiRE9 8�2399 Page 4 of 5 iorm 5005 Disk 0� . � °� 0,,, 0 CITY of ORONO ��=� � RESOLUTION OF THE CITY COUNCIL � � �� ``;� �, NO. � � �► � � ti ��9� o4�G ESS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�'-�''� day of f , 199 � ,before me a Notary Public within and for said County,personally ap eared • � • known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �CAROIE A. HASEMAN � � (I� i/J/9Z��J HENNEPIN COUNTY A Notary Public - w oawp,��ssiow ExP�a sssoe STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this day of , 199 ,before me a Notary Public within and for said Counry,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 � Fam 5005 DisN 0: . . ,. � RESOLUTION # � 4 5 e.� t ' STATE OE MINNESOTA ) ) COUNTY OF HENNEPIN ) ) . CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin County , i�7innesota , do hereby certify that I have compared the foregoing copy of a resolution of the City C�ur,cil of tt-�e City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on August 8 . 1994 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof � I have hereunto s2�t my hand and seal this lOth , day of August 19 94 , � • ' D othy allin, City Clerk , .(.S'£AL) � "�+ , \� y � , � .�Y l_ . , ._ . ��J _ �� .� �� '4..Q �.n � � �:._ . '� � � '� lL'Y t�-.ii � ., �y� � # � � 'yq� "' �' �w N JL � � #r� � c� �. � : =W.; � w �- � ,� : �s�, � ,�,,, i .� c� �u � U; �� ,- � � �, ! _ � G � c,`,� M �k �i� � +:=`� N -,.. s' � � � w, �='"`}= c.� F- � i \ .:� = .� � �_' ' `c'_i $S �' ��t ` ,: r � , I*- M1- �s-':.`' <==(r� �,�' y��" � ..:�ti..: � � t 1 CI �C! ' " �.I.� ','.1 �..'.' �_ '�'� � {�,_ � .-r r-�a �. ,,�' .�' �) !'1 ..+ ,.-i �,f (�,;` � � — � � ` � Sh'} ...:,;:.-,:, ..�- �::3 +�