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Home My WebLink About#5225-CUP-2004 O O 0 CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL L�kE:s 04� NO. 5226 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-328 (7) (B) FILE NO. 03-2933 WHEREAS, Gary Nece on behalf of Robert W. MacDonald and Brenda Zoe 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, Hennepin County, Milmesota (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-328 (7) (B) to allow a non-rental guest apartment above the existing attached garage. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 403-2933 and amended as Zoning File 404-3046. 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. Page 1 of 5 O O � CITY of ORONO RESOLUTION OF THE CITY COUNCIL `gkESI30 NO. 5225 3. The Planning Commission reviewed this application at a public hearing held on August 18, 2003 and August 16, 2004 and recommended approval of the conditional use permit based on the following findings: a. The applicant has amended the request, file #04-3046, not requiring a separate meter for utilities serving the non-rental guest apartment. b. The non-rental guest apartment will not be provided with a separate street address. c. An access to the non-rental guest apartment from the interior of the principal residence has been provided and is the primary access to the apartment. d. Adequate parking is provided for on-site. e. The applicant's property is provided with City sewer. 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 permit 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 permit would not 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 a conditional use permit to Orono Municipal Zoning Code Section 78-328 (7) (B) to allow a non-rental guest apartment above the existing attached garage subject to the following conditions: Page 2 of 5 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SI'i0 NO. 5226 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. 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, or the conditional use pennit will expire on that date (November 12, 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 understand 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 and amended on the 13"' day of September, 2004. ATTEST: Lia S. Vee, City Clerk Barbara A. Peterson,Mayor r9 f Vipe' Owners) Page 3 of 5 O � CITY of ORONO a � ti RESOLUTION OF THE CITY COUNCIL Sli0g' NO. 5225 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this /. day of 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota m Zicipal corporation and said instrument was executed on behalf of the City. JACKIE YOOPdG NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.311,2'035 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this!Vpday of :,2004 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. RACHCLDODGE t,T-;` y FUOLIC-Ni is, r t A { 1--'L.t_.. j FR,Cam, Expires Jan.3 i 2U05 Notary Public Y ,... Page 4of5 O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL �kESII04� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instniment was acknowledged before me this day ofAloie . ' 2004 by Robert W. MacDonald,husband of Brenda Zoe MacDonald. Notary Public DENISE M.LESKINE"•I NOTARY PUBLIC-MINNESOTA a � MY Commisslan Expires Jan.31,2305 �i STATE OF MINNESOTA COUNTY OF HENNEPIN r This instrument was acknowledged before me this f day of �5 , 2004 by Brenda Zoe MacDonald,wife of Robert W. MaYd. A DENISE M.LESKINEN Notary Public NOTARY PUBLIC.MINNESOTA My Corre ftw Expires Jan.31,2'' Page 5 of 5 CAE 14A . ,{ U fO '.156 M', ., t MtAQiWG nAu '{ 't1t� ( • s. IS '�� P• o�� <�.+r-. +�fz�� ._ .� w � Z� t ELCYAII(�'e 07 C -'? Q R 3`�.'iy9�• d O f'1 \a.6 l., l 1 I I t N5.1 a' 1 ?y! Iiia �'i T�. o f�• \ i BENCHMARK, 0-sr.1611 EOG[ OF WATt ;Aqs.18 22 ci yp r.:1•.�� ! 1{ t A A ll.a O ♦ �`•,'SRP �b IS N� C lYY Y `SaG, 6 Ale r �6Y` i ._.....� ••N iia. .R O^7 row • nr;A..• A i � > 1 t i X �6}5 A to 2 :i n ••y{? A ; .1'' M�b1v� .� t`r $ o - _ �1f•ii A..: A v_•}' ''h�'inL t f.pY 19 3 5�'.yL9-21-7;2A-i- 0 ;2`-Z•3. n r1' 1i1. `ed Y e"tes � Y't 'L ♦ ••:' ; \ eA to '^� 1 k;;.e .'; - 944.45 • •f,-• \ to Ie t ^ d0 ry i O .cy 'r r \ Oto lo' 5/�c- 93` / r ry �Oula ;� p •i ?� zr ( o:e \ g0• i itsie- A e � CrIs � ,C Tk} yfl Y. W HARDCOVER ARI .� BUILDING BITUMINOUS OBA coNCRETE POOL 9A 1 r , J:_ ._� RETAINING WALLS If la 1: `• WDDD DEt'.It PAVER WALKS 6__ v7 4 ry 24 �.v eA a 27 c i:-gip/n I ,/� ]� PLANTING AREAS G y 0 ) 1 I�r ` , b&PPpV ED RIPRAP �4 ,•Au le • _ ~ e tS5• -5 A9g,� �0 11 1�OY`r �F 60XITOTAL HARDCOVER 21 \ U 3 490E LEGEND 'tl/ 0-757 m 'Lej • - Oenoles Found Iron Monument �,'t•� �p 1�e28 \ 0 - Denotes Set Iron Monument S� U'1E'�T5w0-500' •6 - Denotes Catch Basin A />tef�.p 0�yA44 a Is w� - Denotes Sanitary Sewer Manhole �'(�(,/' 'z1'-�' """99 66L�i — Denotes Storm Sewer Manhole TEE LEGEND OBA 14 1 � - Y I6' N A 11�w - Denotes Water Valve eA 2 _-GNP- �� oa_.1 - Denotes Fire Hydrant Number following abbreviation denotes estimated dlomsl a _ -^ - Denotes Go%Meter in inches, Ihree feet above ground level. The second /:�ry\1 le ~t5a• ®a- - Oenoles Electric Transformer number(it any)denotes the number of trunks at that _ 4 Ll \ 131'rc - Denotes Air Conditioning Unit location(1 denotes o dead tree). 14 le -C7�_.•• . - fQ � 0 - Denotes Ulaity Pole Number following shrubs denotes It's diameter M leaf. a 'H�lo eAleY yrt3-' - Denotes Light Pole tV In _ CS�fl - Denotes Stone Paver Wolk Denotes deciduous tree. � Denotes shrub. GENERAL NOTES p ;ry ® - Denotes wood Deck J� 1.For the purpose of this survey. [hot Particular Im94nliN MOM -Denotes Planting Area M� = Westerly line at Lot 3,having a record dtslonce of 281.2 lost. ® ..Denotes Rip Rap Shoreline Y'V Denotes coniferous tree. Denotes fres • has an assumed bearing of N 21'21'57" E. O - Denotes Bituminous Surface {r`l Example-. \ 2. The address of the above properly. 2460 OLD 8EACH - l� - Denotes Sanitary Surface A Denotes Ash ROAD,ORONO, LIN,55391. _s__ - Denotes Storm S Sewer BA Denotes Box Elder OBE B 2 - Denotes Storm Sewer BE Denotes Box Elder Denotes Wotermain CH Denotes Cherry LEGAL DESCRIPTION 3. Th e field survey of this site was completed an ray 10. --c - Denotes Gasmain y -mm-- - Denotes Overhead Utilities EL Denotes Elm V1 Lot 3 and as, that pal of Lot 2, 'SHORE HILLS'tying 2003 - IR Denotes Ironwood �q southerly of o line running from a paint in the westerly Rne of --I-- - Denotes Underground Telephone M Denotes Maple Env said lot,distant 24 feel northerly of the southwesterly corner 4•Parcel Arco: 91.780* SG.FT. (2.1* Ac•) -.---- - Denotes Fence(Type as Noled) thereof to o point in the southeasterly tine of said lot.dlslant - (Ins) - Denotes No( To Scale 0 Denotes Oak 263.4 feat northeasterly of the southwester) comer thereof, S. Benchmark Rbn elevation of sanitary manhole located i8S xlxzx(s; - Denotes Record Distance Per Plol PI Denotes Pine to according la the plot thereof, y feel East of existing house a 935.12 feet. (NGVD 1929) ntys(4) - Denotes Field Measured Distance TO Denotes Tree Deciduous R VI ISJLya CERTIFICATION CLIENT SCHOELL & MADSON, INC. Q r-(��I; 1)Y _ DE SCRIP110N CI('G I hereby certify that this survey was prepared under my supervision and that Robe ENGINEERS a SURVEYORS a PLANNERS 4'a '»""'" _- -' ' "" 1 am o Licensed Land Surveyor under the i SOL TFSTINC • FN%nRf1MUrNTAI CFRvirFS -- -- " -- Iowa nl Ihn Slnle n1 Minne4nln n nn a