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HomeMy WebLinkAbout#5032-variances/CUP-2003 54 p red 01V' 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL `gkESH0 NO. �y A RESOLUTION GRANTING CONDITIONAL USE PERMITS PER MUNICIPAL ZONING CODE SECTION 10.20 SUBDIVISION 3 (G& Q) AND VARIANCES PER MUNICIPAL ZONING CODE SECTION 10.20 SUBDIVISION 3 (G), SECTION 10.22 SUBDIVISION 2 AND SECTION 10.56 SUBDIVSION 16 (L) FILE NO. 03-2933 WHEREAS, Gary Nece on behalf of Robert W. MacDonald and Brenda MacDonald (husband & wife), (hereinafter "the applicants") are the owners of the property located at 2480 Old Beach Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3 and all that part of Lot 2, "SHORE HILLS" lying southerly of a line running from a point in the westerly line of said lot, distant 24 feet northerly of the southwesterly corner thereof to a point in the southeasterly line of said lot, distant 263.4 feet northeasterly of the southwesterly corner thereof, according to the plat thereof. (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono for conditional use permits per Orono Municipal Zoning Code Section 10.20 Subdivision 3 (g & q) to allow a non-rental guest apartment and plumbing in an accessory building and variances to Orono Municipal Zoning Code Section 10.20 Subdivision 3 (g), Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1) to allow the new plumbing for the non-rental guest apartment to be run off a separate water meter and hardcover to remain exceeding the minimum amounts allowed by Ordinance in the 75-250' zone for the construction of a 3-car detached garage/entertainment room and associated patio in the 250-500' zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 0 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �kES11iDg' NO. 5032 FINDINGS 1. This application was reviewed as Zoning File#03-2933. 2. The property is located in the LR— 1B which requires a minimum lot area of 1 acre where the subject property is 2.356 acres. 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003 and recommended approval of the conditional use permits and variances based on the following findings: a. The conditional use permit for the non-rental guest apartment meets all requirements outlined in the Zoning Ordinance except having a separate water meter for which a variance is applied. b. The .conditional use permit for plumbing in an accessory building meets all requirements outlined in the Zoning Ordinance. c. The need for the separate water meter arises from the utility design on the property where the existing home would have to be torn down for the plumbing to run on the same meter as the house, creating a hardship. d. All new work associated with the new garage and patio is being conducted in the 250-500' zone. However, hardcover on the property in the 75-250' zone is currently over. Therefore, 1:1 removals are required for all added hardcover either in the 75-250' or 250-500' zone or a combination thereof due to a lack of a viable hardship allowing the hardcover to remain. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effects of the proposed conditional use permits and variances on the health, safety and welfare of the community. 5. 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 conditional use permits and variances would not Page 2 of 6 O � O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL `9kES�I04 NO. adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants conditional use permits and variances to Orono Municipal Zoning Code Section 10.20 Subdivision 3 (g&q) to allow a non-rental guest apartment and plumbing in an accessory building and variances to Orono Municipal Zoning Code Section 10.20 Subdivision 3 (g), Section 10.22 Subdivision 2, and Section 10.56 Subdivision 16 (1)to allow the new plumbing for the non-rental guest apartment to be run off a separate meter and hardcover to remain exceeding the minimum amounts allowed by Ordinance in the 75-250' zone for the construction of a 3-car detached garage/entertainment room and associated patio in the 250-500' zone subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Approval is based on the hardcover amounts listed in the planning report. This consists of 0% hardcover in the 0-75' zone, 34% hardcover in the 75-250' zone and 27.4%hardcover in the 250-500' zone. 3. Hardcover in the 0-75' zone shall not increase above the 0%. Hardcover in the 75-250' zone shall be limited to 13,255 s.f or 34% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Hardcover in the 250- 500' zone shall not exceed 30%. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, Page 3 of 6 O O CITY of ORONO G RESOLUTION OF THE CITY COUNCIL �4'$.e 140 NO. or the conditional use permits and variances will expire on that date (August 25, 2004). 3. 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. 4. The undersigned applicants have read understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25th day of August, 2003. ATTEST: in a S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 6 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9-If'ESlio NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2 day of 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. _Ok-(LJL�-�- Q RACHEL DODGE Notary Public NOTARY PUBLIC- NNE Na c�0 2005 t'y COnL01SS1on Expi STATE OF MINNESOTA COUNTY OF HENNEPIN h The foregoing instrument was acknowledged before me on thisLo day of 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 00'-'e' (� RACHEL DODGE Notary Public >" t NOTARY PUBLIC-M1NNE."0TA My Commission Expires Jan.31,2005 a Page 5 of 6 O �3 CITY of ORONO ti �G~ RESOLUTION OF THE CITY COUNCIL `gkES0 NO. 5032 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2003 by Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2003 by Notary Public 9. 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