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Home My WebLink About#5437-amending #4026-2006 �. . `�- � O� O O � C ITY of ORONO � � ti �'.� G'�' RESOLUTION OF TH� CILY COUNCIL L� �'�' NO. 9 3 7 kEsYt� A RESOLUTION AMENDING THE CONDITIONS OF RESOLUTION NO. 4026 FOR PROPERTY AT 1331 NORTH ARM DRIVE -FILE NO. 2330 WHEREAS,Dennis Wilder and Gail Wilder(hereinafter the "Applicants") are the owners of the property located at 1331 North Arm Drive within the City of Orono (hereinafter the"City")and lebally described as follows: Lot 4, and that part of Lot S lyin�northeasterly of a straight line running from the midpoint of the north�uesterly line of said Lot 5 to the midpoint of the southeasterly line of said Lot 5, Block 6; vacated Oak Place; also Lots 5 and 6, Block 7 all in Saga Hill revised, Hennepin County, Minnesota, (hereinafter the"property"); and WHEREAS,the Applicants have listed the subject property for sale and were presented by the City staff with the resolution making the plumbing and heatiiig facilities of the accessory huildang an the subject property illegal; and WHEREAS,the Applicants request that existing heating and plumbing fixtures in an accessory building located on the subject property be approved for continued use, requiring a revision of Resolution No. 4026 adopted January 26, 1998; and WHEREAS,Resolution No. 4026 was adopted in response to the application by the previous subject property owner Robert E. Beutler for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B)to pernlit the construction of a new residence on the subject property that does not meet the required lot width and setbacks; and WHEREAS, Resolution No. 4026 granted a variance subject to removin;all heating and plutnbing facilities within former residence structure to be converred to an accessory structure � and subject to execution by Mr. Beutler of a covenant restricting the use of the accessory structure; and WHER�AS, the executed covenant disallows the use of the fonner residence structure as an"alternative living space, including but not limited to, a guest house, secondary residential unit, mother-in-law apartment, rental of structure, or the like;" and i��sa� Page 1 of 4 � r ., � O� � O CITY of ORONO a � ti �,� Gti' RESOLUTION OF THE CITY COUNCIL �`�kEsKo�`'� No. 5 4 3 7 WHEREAS,the Applicants use this accessory building as "hobby house" for recreational and horticultwal uses,but not as a guest house; aild WHEREAS, in 1998 the City adopted Ordinance 179, Second Series,which allows plumbing in accessory structures that does not include a toilet,bathhib, or shower without the need for a CUP but requiring a covenant of limitations; and WHEREAS,the Zoning Code does not address the issue of heating accessory buildings and the City has allowed accessory buildings to be heated as long as they meet Building Code requirements; and WHEREAS,pluinbing for a sink and heating facilities are pennitted in accessory Uuildings on lots of all sizes in all residential districts; and WHEREAS,plumbuig for a sink and heating facilities are allowed by building permit from the building official and do not require Council approval; and WHEREAS, the Applicants are willing to remove and/or render useless the bathroom fixtures; and WHEREAS, the City Council finds that because all properties are allowed to have a sinlc and/or heat within accessory buildings and because a restrictive covenaut has been filed which geverns the use of the accessory building, there is no justification to apply further restrictions on the Applicants' accessory building; and WHEREAS, the City Council finds that a formal Council approval is required to aniend the language of Resolution No. 4026,wllich specifically required renloval of the pluinbing and heating facilities from the accessory building, to allow for plumbing for a sink and to allow heatin� facilities for the accessory building; and WHEREAS, the City Council has coi�sidered this request including the recommendations of the City Plaiu�er, comments by the Applicants, and the effect of proposed request on the community. i�3saa Page 2 of 4 M + � O� O O � � �. C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsHo�`'�G No. 5 4 3 7 NOW,THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that 1. The language of Resolution No. 4026 is amended to allow for plumbing for a sink and to allow heating facilities for the accessory building. 2. The Applicants may leave the bath tub in the accessory building as long as such bath tub is disconnected from the water and drain systems and is rendered useless for bathing purposes by a physical covering or enclosure. Adopted by the City Council of the City of Orono, Minnesota this 13`�' day of March, 2006. CITY OF ORONO ._ i,,_._:,"�. � - By: •�.,��..��=�� Barbara Peterson, Mayor ATTEST: .�( � /�� F/. . • � '-!�t? �� '�(�� incia S. Vee, City Clerk ��saa Page 3 of 4 •' . y �O� O O ,� �: � CITY of ORONU ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKo�'�G No. 5 4 3 7 STATE OF MINNESOTA COUNTY OF HENNEPIN �.E The foregoing instrument was acknowledged before me on this�/ ' day of/� j�.�t �.,c:��_ , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ; l , : '•'��1�...e ) �'�-_ Al_ ��C `_.�.. ,l�..__�__ � ,� /� /� f �� ,��., I�kACHEL DODGE � ��`i '�� t;OTARY PUBLIC-MINNESOTA Notary Public ' My Commission Expires Jan.31,2010 ��' :�� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnunent was acknowledged before me on this ��`/"r day of ��' �"��-�`�.�.��- , 2006 by Linda S. Vee, City Clerk of the C;ity of Urono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 1 r ' ' " •, ' /: , i i�: ( �'�ti �...C �,_ /"� +.. . /l,r - ;:, -.___. _ -,��.---;� - Notary Public a r '� RACHEL DODGE ? �, � ��,�c`� NOTARY PU6LIC-ti11NNE50TA >� ��.,�,a,�:a:�r :A+�Gommission Expires Jan.31,2010 ;;:i,��..�..= _,....�_.�.:::.'e' >?�saa Page 4 of 4