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Home My WebLink About#6163-CUP-2012 Doc No T5020170 Certified, filed and/or recorded on 11/19/12 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 892267M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1336914 This cover sheet is now a permanent part of the recorded document. 3 �+ Lf A RESOLUTION GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH MUNICIPAL ZONING CODE SECTION 78-418(2) FILE NO. 12-3569 CITY of ORONO RESOLUTION OF jj,,,EC QTY COUNCIL G 3 ��kESIiOg� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH MUNICIPAL ZONING CODE SECTION 78-418(2) FILE NO. 12-3569 WHEREAS, Jason Wilsey, a single person (hereinafter the "Applicant") is the owner of the property located at 990 North Shore Drive West within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Englund Third Addition, Hennepin County, Minnesota (hereinafter the"Property"); and WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit in accordance with Orono Municipal Zoning Code Section 78- 418(2) to allow a non-rental guest apartment within the principal residence; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on August 20, 2012, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3569. 2. The Property is located in the RR-1 B One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. The Property is conforming and has 2 acres in area and 238 feet in width at North Shore Drive West. 3. The Planning Commission reviewed this application at a public hearing held on August 20, 2012 and recommended approval of the conditional use permit based on the following findings: a. The Property has a proposed, attached 4 car garage which will provide adequate parking for the residence and guest apartment. Page 1 of 5 CITY of ORONO i � RESOLUTION OF THE CITY COUNCIL S i b. Designs for two septic systems sized for a minimum of 5- bedrooms each will be required for the building permit. c. The proposed guest apartment will conform to the 15 conditions outlined within City Code 78-916 regarding issuance of conditional use permits. d. City Code states that 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. There are a total of three proposed egress doors to/from the guest apartment: 1.) the primary access through a 4-foot wide French door in the office, 2.) a 3-foot wide door in the office to the rear yard, and 3.) a patio door accessing the great room in the guest apartment to the rear yard. e. The service door from the guest apartment to the garage shown on the proposed plan will be removed. f. The guest apartment is solely for non-paying guests and domestic employees and is not proposed to be rented or function as a separate dwelling. g. The utilities for the guest apartment are not separate from the residence. h. The proposed guest apartment use will be: i. Consistent with the community management plan; ii. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; iii. Adequately served by police, fire, roads, and stormwater management; iv. Provided with an adequate water supply and sewage disposal system; V. Not expected to generate excessive demand for public services at public cost; vi. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; vii. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; Page 2 of 5 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. � silo viii. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; ix. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; X. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; A. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; xii. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; xiii. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; xiv. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and xv. Not detrimental to the public health, public safety, or general welfare. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit in accordance with Orono Municipal Zoning Code Section 78-418(2) to allow a non-rental guest apartment within the principal residence, subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 5 O �� O CITY of ORONO +a RESOLUTION OF THE CITY COUNCIL G� NO. .i ��kESH0 2. 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. There are a total of three proposed egress doors to/from the guest apartment: 1.) the Primary access through a 4-foot wide French door in the office, 2.) a 3-foot wide door in the office to the rear yard, and 3.) a patio door accessing the great room in the guest apartment to the rear yard. 3. The service door from the guest apartment to the garage shown on the proposed plan shall be removed from the plans and shall not be constructed. 4. The guest apartment is solely for non-paying guests and domestic employees and shall not be rented or function as a separate dwelling. 5. The utilities for the guest apartment shall not be separate from the residence; shall not be metered separately and the apartment shall not have a separate street address. 6. The one main access to the principal residence shall be maintained. 7. Authorities granted by this resolution run with the Property not with the Applicant. 8. 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. 9. The undersigned Applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the Applicant and the Applicant's 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 the 27th day of August, 2012. a `pATTEST Linda-S,;" e City Clerk Lili Tod McMillan, Mayor t� r,i sey (Prope y Owner) Page 4 of 5 0 CITY of ORONO A4 RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of 0 OL) 2012 by Jason Wilsey, a single person. Notary Public \1ICKI L. DELLWO TA Exc an.31.2015 5 Page 5 of 5 Resolution Exhibit A 6163 E.W.W.1%2 INVOICE NO. 80386 LOT SURVEYS COMPANY,INC. FJ"O. 103662 LAND SURVEYORS SCALE:l'` m 9WUn PARD UNDER TIM LAW 80F STATE OF WNNFNITA lva ltelAvxrs Imnfm.tot MILLS CONSTRUCTION LLC Sururiprs TrrYifirair PrgtnPlmtd'mSmem T.Ta ,117.Rw 23. - . •�ommlem.ilyd. EaafPmc�.M_ . v l..t.lCaaT.rr. Pmpmf,\le,ae WENmth Bhaa lhm w.o,anw AlN HARDCOVCR CALCULATIONS ( w=oaeare Propo---V -5362sq.k p1e18p11�°"9' PID NnoI-117.2}�1.8SI8 Dyck t Pt. - 16o 9q.k pceehmutl:Cmlalvnof NaO slveDme gTlarim E9e 57 k �n Iw .arvf.�vraarm muw Im Pmposcd Lbtmeay.5903 sq.it 1!kwmv.1806A rm Pmp--d Walk lD2 xl.k TOW Hardcover - 11584 xhk Area of lot =87269 q.ft PerrcKaga of HU drover m 13.3% IOE9.6 Icn.rewdw 1029.0 rypy,poprgv 10143 nosllsswa Ipastlp �� 891.1. Pu�4 what . ry /-StoFame No7995 I I I dJ --- -ea r-___- glee I!l=-- afre S 89",36'32'E366.94 Dmtiky&-4mrt nt{ to - -- - --- -- rte_ ..lob O r '',�/"��a•I- 'j0j0" ~�y0 -' 1p l 1 - 94rIKCN)e N I I ...�• ,� ,q� Tarsmtr O -------------- ___---- 1 19 / I' '`j, -------- < Pfd arl. i �1 ---------- I— _ % ----------- fti ` -�� -�- �.�.yy ��j -� ,' ./018! �l 4 18r10 t>•8'', � ,��:: , A't1_; _. - ,B tti8l. ItPP r'.-- , 1 O1 , I , --------------- T _____________ la]GA-- :IIID---/, ; ff 89"36'32"W I 8 10.8 Ice' Lot 1.Block 1,ENGLUND THM ADDMON Hemepin COMM Mmne2ola _m- DQIORBPPOPO>NDBdTf@!CH .FRTAa�lOwA11lIm6MT ASDUE DR110ETO EEAIIA1L6ePECf.11EPEAl1ORA'a -OAAWI6L90f81V�0�W®BNPROF64ED CQilO1R� .AUAneAswnNn+anwoam\FmeawteElwomT,ton,t¢lEsroA uwFomPo�tNas to t41@$Pa08tttinll0®A+m BOpD®AEBAnferTl@ g r�„� lvtmseArealeNAUITua .BUWmIDnB811PL1.CKMEWS mle EYA BATIRCFTV BdWnONro nravn rooEcrtePculart¢mwreNrE AEOEPa®EVTNearvaolmND.� 8®TAW1Tttnl.eTATW alm\mtmrlmo.sea DErAd Tie alb nm®Iw et.n n tam PaN M Isms v Mamm1 �"@I WEBENIIUMKEMWARY AVEEIBIwDTOPOWI amLL rte' t+>910VE0 AND 6TaptPa W m1ILMKE,UOEMALLtvm1®OaATEFA9mi6 1 nOC1FE®ro8E08.AIDAO0111vON TOPER AOMdMLTOP80iAA 1 EW emoa we�bn mnoa fwlP ovaeogaaw 1'�o a N�EDIOYPGY08 A1m0A1N TOP8GL08PINGPtYYJ@80V8ATIa BIIHH �� ElmdWtvmY. � OaAeFD AVA -ALLAEPA9 WmmITO WiA881OlaElEltI1EO8EPtA1mWJw®AtaA9&MII.BF 5$T RWCC WAIL E00@D.ALL WS9GPPDAIWAS Ewu,NAVEEoavmArmoerunaTNEs,aNeoE nl,nmaeFdmry2ou. Drat E! ffiS e� T-t9•Iz ! P+•ptr�..Ibo-wtwN 'o C) M x 0 t /Jy'/ yptpN T it 4 t . °•`I-I. r�r llill,° �' IIIS' h,� t 10 Mm Id' I ii�Shilli�l�ilj°!'��C�i I �IG I,' k�'��1teI11 ij,,,�i I l' R-aa.CJI ! f i ;�;• �I�I IY,� k,�19 I !a �, �i'I I;I'I �� I - ''lid:` :�� '�� 'I. . �� ;�!� 'i I�■� - !!�` j!h�.°�R,il r•�i,isl thlilih��l i�y9 ,I�, � �Ii,F�I t '1 SJ;�'i�'yl'ti�l hil l II�kih r' �II� '■_ I_ �luiiiiu�� >' Kenai IV 2j- V�,l r j! Jill 1-7- 06 k j I s f--—— --9LI L��lr-� t z�o ud.e ____I — — I N= Iltl N I' I � ` I _ Vill F2 c L . Ia N IAT._ o) C -litY! r it r. "r !g --�1 $101 Mai y e eek e 4E$i6 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on August 27, 2012,with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 30th day of August , 2012. l • City Clerk .(seJ t,I4, Y