HomeMy WebLinkAbout#3370 - CP-1993 � o � �
� �' CITY of ORONO
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDNISION 5 AND A
VARIANCE TO SECTION 10.61, SUBDIVISION 10 (B)
FILE NO. 1860
WHEREAS, Zelma H. McKinney, (hereinafter the "applicant") is the owner of
the property located at 3599 Livingston Avenue within the City of Orono (hereinafter "City")
and legally described as:
Lots 11 and 12, Block 4, Navarre Heights, Hennepin County, Minnesota
(hereinafter "property"); and
WHEREAS, per Section 10.03, Subdivision 5, the applicant has made application
to the City to allow the continuation of a non-conforming use of the residence structure with two
residential units where only a single family residential use is allowed and a variance to Section
10.61, Subdivision 10 (B) that would allow the two dwelling units to be served by three off-
street parking stalls instead of four as required by code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #�1860.
2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning
District requiring one-half acre in area. The property consists of 13,450 s.f. or
.31 acres.
3. On December 12, 1957, the City issued building pernut #626 for the purpose of
remodeling. This permit specifically noted the use of the structure for multiple
dwellings. At the tune, the use of the building for multiple dwellings was
consistent with the City's zoning code.
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4. The applicant purchased the property in May of 1962 with the intent of
maintaining the rental units.
5. Ordinance No. 45 was passed by the City Council in August of 1962 that
identified the zoning district exclusively for single family residential use. Prior
to the passage of Ordinance No. 45, the City's zoning code allowed multiple
dwelling structures in the district in which the applicant's property is located.
6. In September of 1968, a major code amendment once again reaffirmed the
exclusive use of the district for single family use but now required a conditional
use permit for all non-conforming uses in existence at that time. There was no
deadline for the filing of conditional use permits to allow the continuation of non-
conforming uses.
7. In January of 1975, the City passed another major zoning amendment that
basically repeated the same requirements set forth in the 1968 code.
8. Applicant's structure has been used as a multiple dwelling from iVlay of 1962 to
the present. Applicant has provided copies of rental receipts and tax statements
confirming that rental use of the property has existed from purchase date of May
1962 through the present time. Although there is no record of rental receipts
from July of 1967 through January of 1969, applicant has testified that this gap
in the receipts reflects missing records and does not reflect an interruption in use
of the structure as a multiple dwelling unit. Further, applicant has informed the
City that the building has not, from May of 1962 to the present, ever been
converted to single family use. Finally, the City has received no evidence from
other parties that this building has, since May of 1962, been converted for any
period of time to single family use.
9. As required by code, the applicant has filed for a conditional use permit to allow
the continued use of the residence for multiple dwelling use as she anticipates
offering the properly for sale. The applicant wishes to sell the property for rental
use as the property was originally offered to applicant in 1962.
10. Per Section 10.03, Subdivision 14 (C) the property is allowed 2,018 s.f. of
structural coverage. Structural coverage for the property is currently at 1,475 s.f.
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11. The property does not meet the required area for the zoni.ng district for single
family residential use and would now be required to �rovide all improvements
needed to support two residential units.
12. The property is located within a sensitive local watershed that produces
downstream drainage problems during wet periods and there is a need to maintain
natural ground cover to treat and absorb surface runoff during these wet periods.
Further, the City has received testimony from neighboring property owners that
an increase in hardcover on applicant's property would exacerbate existing
drainage problems.
13. The con�guration of the property is such that adding parking spaces to the site
would either create traffic safety hazards (if spaces were added for access from
Blaine Avenue), or unreasonably intrude on the use of neighboring property (if
spaces were added to existing spaces accessing the property from Livingston
Avenue).
14. On September 20, 1993, the Orono Planning Commission voted to recommend
approval of the conditional use permit based on the following findings:
a. The use had existed prior to creation of the single family zoning district
through to present times without interruption.
b. The structure had contained three residential units but applicant seeks
approval of two permanent units resulting in a less intense use of the
property.
15. The 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 properry right of the
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
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16. The City Council finds that granting a conditional use permit to allow the �
continued use of the residence for multiple dwelling use (two residential units)
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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council concludes
that applicant's use of her property as a residential duplex is a legal non-conforming use of the
property and hereby grants a conditional use permit per Municipal Zoning Code Section 10.03,
Subdivision 5. The Council further concludes that the configuration of applicant's property and
the character of drainage from applicant's property are unique and, consequently, grants a
variance to the required number of parking stalls allowing three off-street parking stalls instead
of four. This approval is subject to the following conditions:
� 1. Per Section 3.05, Subdivision 11, the two residential units can continue to share
sewer and water service from the single service. Applicant shall be responsible
� for making payment to the City for a sewer connection charge of $225.00 per
1993 and 1994 fee schedule and water connection charge of $1877.00 per 1993
fee schedule or $1933.00 per 1994 fee schedule. At the time of the payment of
these fees, the applicant shall also make payment for a SAC charge to the
Metropolitan Waste Control Commission at $750.00 (based on 1993 Fees).
Applicant is further advised that she may apply to the M.W.C.C. for a refund of
20% of that fee.
2. Applicant has received approval of a variance to allow three off-street parking
stalls per the approved site plan attached to the resolution as Page 8. All site
improvements must be completed by May 15, 1994.
3. In the granting of this variance, the City Council recognizes the area limitations
of this property and specifically prohibits the exterior storage of all mobile
material and equipment or the permanent parking of trucks, recreational vehicles,
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campers, tractors, snowmobiles, boats, trailers, or vehicles which are inoperable,
for lease, rent or sale.
4. This non-conforming use may not be changed to another non-conforming use.
5. Nothing in the Municipal Code shall prevent the placing of this structure in safe
condition when said structure is declared unsafe by the Building Inspector,
providing the necessary repair shall not constitute more than 50% of the fair
market value of said structure.
6. If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act
of God, the structure may be reconstructed and used as before if it is
reconstructed within 12 months after such calamity, unless the damage to the
building or structure is 75% (or more) of its fair market value as shown on the
assessment records at the time of damage, in which case the structure shall be
demolished, and any construction thereafter shall be for a use in accordance with
the provisions of the single family residential zoning district.
7. If the non-conforming use of this structure is discontinued and remains
discontinued for a period of twelve (12) months, any future use of this structure
shall be in conformity with the provisions of the single family residential zoning
district.
8. Normal maintenance of the residence or garage structures related to this non-
conforming use is permitted, including necessary non-structural repairs and
� incidental alterations which do not extend or intensify the non-conforming use.
Alterations may be made to the structure containing the non-conforming
residential units when those alterations will improve the livability thereof,
provided they will not increase the number of dwelling units or bulk of the
building.
9. Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by applicant making the necessary
payments for sewer and water connection fees by May 15, 1994.
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10. 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. ,
12. The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of herself, her heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 13th day of December, 1993.
A ST:
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Dorothy M Ha lin, City Clerk Edward J. Calla n, Jr., Mayor
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roperty Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of
December, 1993, 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. _
CAROLE A. HASEAAAN �
NOTAqY PUBLIC—Idlf�IESOTA
j HENNEPIN COUNTY Notary Public
MY COMMISSION E%P�qE9 6�489
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
On this �day of - -�r , 199�bef re me a Notary Public within and for
said county, personally appeared . /�e �✓�
known to me to be the person(s) described in and who executed th foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROLE A. HASEMAN
NOTARY PUBLK)--MMNESOTA
HENNEPIN COUNTY -
� Mr coM:�i�510N EXPIRES 8�7198 NOTARY PUBL C
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_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 foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
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We hereby �ertify . that thls ( s a true and correct representativtt of � survey of
ihe b,,oundaries of the land abave descr (bed and of the locatlon ofalibufiding�
iF ahy, therean, and a1 ) vlsible encreechments, ! f eny, from or on sold lend.
Doted thls 24�dey of �U�y � 19G9 � . . �GAN, FI �LD b NOWAK
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