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Home My WebLink About#4647-CUP/variance-2001 , ^w __ �,%—�� ''� ��\ 0 0�, � � �� ;, �e. - _, � ,, CITY of ORONO ��, `,' ti %; �� '�'�� RESOLUTION OF THE CITY COUNCIL `��S_g�/ NO. '� 8� � '� A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION G AND GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 9 (A) FILE NO. #01-2672 WHEREAS, James Walker and Sharon Walker (hereinafter "the applicants") are o��ners (hereinafter "the o�vners") of the property located at 2685 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Tract A, Registered Land Survey Number 1373, Files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter "the property"); and `VHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zonin� and Planning Codes, the Orono Plannin� Commission held a public hearing on April 16, 2001, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and `VHEREAS, the applicant has applied for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivison G to permit a non-rental guest apartment within the main residence and a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit two accessory buildings to remain on the property following removal of the existing principal buildina. 1�'OW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was revie�ved as Zoning File #01-2672. ?. The property is located in the LR-lA (2 acre) One Family Lakeshore Residential Zonin� District. 3. The Orono Planning Commission reviewed this application on April 16, 2001 and recommended approval of the conditional use permit for the non-rental guest apartment and to pe:mit the "tower" accessory building located �vithin the 7�- 250' lakeshore setback, and voted 4 to 1 to recommend approval to permit the "screen house" accessory building located within 7�' of the lakeshore to remain Pa�e 1 of 6 1 � /�'� / //� O� � O O �, CITY of ORONO �� G'�' '/ RESOLUTION OF THE CITY COUNCIL `�ItESH� NO. � � � f' -� on the property based upon the following findings and hazdships: � A. The property is scheduled to be redeveloped. The only period of time the accessory buildings will remain on the lot is the time period bet�veen demolition of the existing principle building and construction of the new house. B. Non-rental guest apartments are permitted by review the Planning Commission and Council as a conditional use permit in "R" residential districts. The zoning ordinance defines a non-rental guest apa.�tment as follows, "An apartment within the principal residence structure on a lot for the sole use of the occupants of the principal residence, including their domestic employees or non-paying guests. There shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. Application for such a guest apartment shall address the concerns of parking, sewage treatment, entryway and interior access method. Such apartments shall not have utilities metered separately from the principal residence utilities and shall not have a separate street address." C. The guest apartment would be located above the garage and connected to the house by a permanent walkway to be constructed between the garage and house. The Planning Commission finds that the proposed configuration meets the intent of the ordinance. D. The accessory buildings have historically been located on the property and have not exceeded their useful life. The tower has recently been remodeled and the siding has been replaced. 4. The City Council finds that the conditions existing on this property aze peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to nei�hboring property; would not merely serve as a convenience to the applicants, but is Page 2 of 6 .� � �� O� O O ��, CITY of ORONO .� � �� G'�' " RESOLUTION OF THE�IjY��CQ_UNCIL � 9 4� NO. f� °� �ES� necessary to alleviate a demonstrable hardship or difficulty; is necessary to � preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. 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 the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CO�'DITIONS Based upon one or more of the above findings, the Orono City Council hereby arants variances to Municipal Zoning Code Section 10.20, Subdivison G to permit a non-rental guest apartment within the main residence and a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (A) to permit two accessory buildings to remain on the property following removal of the existing principal building, subject to the following conditions: 1. Property shall be developed as shown on the approved site plan dated 3-19-01 attached hereto as Exhibit A. 2. Property shall be subject to a restrictive covenant recorded on the chain of title stating the apartment within the principal residence is for use by occupants of the principal residence, including their domestic employees or non-paying guests. No rental of the guest apartment shall be permitted. 3. Utilities shall be metered separately from the principal residence utilities and shall not have a separate street address. . 4. Authorities granted by this variance run �tizth the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (April 23, 2002). Page 3 of 6 � i� O /� � O O �, CITY of ORONO � � , �� G'�' � RESOLUTION OF THE�CITY COUNCIL . 6 �-' �' ` 'qlfEs� NO. � 5. Violation of or non-compliance with any of the terms and conditions of this � variance 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 owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regulaz meeting held on the 23rd day of April, 2001. ATTEST: 7 _ -� , �.�;`;r. `l,i %. � >_ �� ' i/�/:".0 �;7. _ ,L _ „ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor SJ !/-�Zlt.rL l�i� ////[�.�>� rope Owner Property Owner STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) . . The foregoing instrument was acknowledged before me on this 23rd day of April, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 6 4 /�O � � O O �, C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��9kE H��'�G NO. a � � � �� , STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � `� day of L�ICt� , 20 C 1 before me a Notary Public within and for said county, personally appeared , �,�IC� �v={L,rE�'��- Sr1,�,cG�/G�=��K�7., tilafr,'�.(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. DENISE M.LES�IdE� � � ' NOt11RrPl�� ,�,�,��L- L l� NM��"�'�"�'� Notary Public STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) On this day of , 20_ 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 � Page 5 of 6 K,-f .�., Exhibit A , . • � . ! ; � �\ ' • ' • - . � c � U � ' �• . . . . T��Y R � . . tzi f-'= `��' � " '� .. "��''� 'q • �=i �tlt �•,�i . �, - . .. :` _,�' '�/ 0 . t�� :€�T �: . , ' ",,, � _ ' S1 ?; �� ,i . . s ��- rii �� p�� ! .�' , �, f �1�� i � i[}�� ' ;r` "i'`s"�. • /! l t= . t y Y � ! . � . • �'-,.•,�,.� f . . �pi �r� �i : .. '�t • 1 !�� i� ► $ �, � ♦ � ..t . ``` , #�E .'ar 8 ' � .�`� ' t�'� �� 1 � �� ^ ~� �. v .. � 1� ��ti .) � �t� ;��`•�: t!� ' `• ,}f ` i � � ';^'�. ti�i '•" �..•...i �' � �•1 "' �.'� G I }. •t•'� �i.� �#• .a �r �O . :$� � 1`� • - ��-... 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