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HomeMy WebLinkAbout#6680-CUP-2016 /1 66 Old enis;x-L 411445 1111111111111111111111111 Doc No T05417367 Certified, filed and/or recorded on Jan 19, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1504083M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 719543 This cover sheet is now a permanent part of the recorded document. • • gpNp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G, NO. 6 6 8. 0 j�kE5H0�� A RESOLUTION APPROVING CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. 16-3859 WHEREAS, Robert J. Gumnit and Frances H. Graham, a married couple (hereinafter the"Applicants"), are the owners of the property located at 1100 Old Crystal Bay Rd S and legally described as: In the following described land situated in the County of Hennepin and State of Minnesota: That part of Government Lot 6 including the accretions thereto and that part of Lot 8, Section 9,township 117, Range 23, all described as follows: Commencing at the North Quarter Corner of said Section 9, thence South 0 degrees 18 minutes 18 seconds East (the North line of the Northeast Quarter of said Section 9 has an assumed bearing of South 89 degrees 09 minutes 18 seconds East) a distance of 1950.90 feet, thence South 88 degrees 32 minutes 15 seconds East a distance of 1104.09 feet to the actual point of beginning, thence North 88 degrees 32 minutes 15 seconds West to the center line of County Road No 84; thence Northerly along said center line to its intersection with the South line of the North 156.75 feet of said Government Lot 8, thence easterly along said South line to East line of said Government Lot 8, thence Northerly along said East line a distance of 156.78 feet more or less to the Northeast corner of said Government Lot 8, thence easterly along the extension of the North line of said Government Lot 8 to its intersection with the southerly extension of a line drawn parallel with and 330.00 feet west from that part of the East line of said Section 9 which is North of the meander corner on the East Line of said Government Lot 6, thence Southeasterly, deflecting to the left 40 degrees from the southerly extension of the last described parallel line to the shore line of French Lake; thence southwesterly and southerly along said shore line to its intersection with a line drawn from the Northeast Corner of Goverhment Lot 4 in said Section 9 to a point which is on the line between the meander corner on the East line of Government Lot 5 in said Section 9 and the meander corner on the east line of said Government Lot 6, and distant of 749.08 feet Northerly from the East Quarter corner of said Section, thence southwesterly along the last described line to its intersection with a line bearing South 84 degrees 47 minutes 35 seconds East from the actual point of beginning, thence North 84 degrees 47 minutes 35 seconds West to the actual point of beginning, according to the Government Survey thereof(hereinafter the"Property"); WHEREAS, on August 17, 2016, the Applicants made application to the City of Orono for a conditional use permit pursuant to Section 78-418 to allow conversion of an existing 999 square foot two-story tack building to a guest house; and 1 �*IL- O� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 680 � ti G kFs WHEREAS,according to Orono Municipal Zoning Code Section 78-1437 plumbing including a shower or bathtub is permitted in an accessory building that is conforming in location, size, and height; and WHEREAS, the existing detached garage is conforming in location, size, and height; WHEREAS, on September 19, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 19, 2016, the Planning Commission recommended approval of the conditional use permit as requested; and WHEREAS, on October 10, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3859. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1 B, One Family Rural Residential Zoning District. 3. The Property contains 9.5 dry, acres in area and has a defined lot width of±480 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. The existing hardcover level is approximately 6%. 5. The Applicant has applied for the following conditional use permit: a. Guest house CUP 2 liLpAte.‘ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL -"S.� : NO. 6 6 8 jRktsHO4' 6. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use permit upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: The Planning Commission may recommend and the Council may grant a conditional use permit as it was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan. The proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. The guest house will be otherwise conforming in location, and height on the Property. 3. Adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. 4. Provided with an adequate water supply and sewage disposal system. The proposed guest house will be connected to City sewer and private well. 5. Not expected to generate excessive demand for public services at public cost. Staff believes this criterion is met. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The tack building is rural residential in character and its use is expected to be compatible with the surrounding area. 7. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The guest house has a rural residential visual character and is expected to be compatible with the surrounding area. 8. 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. 3 • CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 4�gGtik NO. r6 6 8 '•.J kkS H 0°' The architectural styling of the building is rural in character and consistent with that of the structures on the Property. 9. Not expected to substantially impair the use and enjoyment of the properties 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. The use of the structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The existing tack building is not significantly visible when viewed from off the property due to location on the lot. No additional screening or buffering is recommended. 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The proposed guest house use is not expected to cause any of these undesirable impacts. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. It is anticipated that the proposed guest house use will not generate any of these undesirable issues. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The proposed guest house will not affect these features or have a negative environmental impact. 14. 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. Applicants are hereby advised of this requirement; and 15. Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Section 78-418 to allow conversion of an existing 999 square foot tack building to a guest house; subject to the following conditions: 4 liLOAtkJ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y ti� NO. 6680 t-'kES H0%6 1. Council approval is based on the existing survey by MFRA, Inc., dated June 30, 2008 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. All exterior lighting associated with the guest house shall be downward cast and not directed off the Property. 3. The Applicants agree to covenant the following regarding the non-rental guest house: a. The guest house is for the sole use of the occupants of the principle dwelling, including their domestic employees and nonpaying guests. 4. Authorities granted by this resolution run with the Property, not with the Applicants, but are permissive only and must be exercised by obtaining a plumbing permit for the guest house plumbing fixtures. A final plumbing inspection must be completed within one year of the date of Council approval, or the approvals will expire on that date (October 10, 2017). 5. 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. 6. 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'byheOrono City Council on this 10th day of October, 2016. �3�1`©I7X,�4�i �h ; ATTEST. :' WA f .� t+2.-•.4s°"". c t?u���..,p� . CITY OF ORONO: dif if,. jurk KU& f ,/ 1 f t. fere i-os,. t == d Lili Tod McMillan, Mayor 5 izLO4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y* G` NO. I t... , L , 'ICESHO . 4 A4-"s• %' P operty Owner Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 1 day of N0V ndik ', 2016, by Robert Jerome Gumnit, husband of Frances H. Graham. t. -"I.1.r./.�1.�lllllll.,�ll_././.�./✓✓✓./� —S _""`� .. MONICA A.FADNESS S /� //� ,/� NOTARY PUBLIC-MINNESOTA `�`J "" "'" >; 4;' My Commission Expires Jan.31,2017 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 1 day of (, 2016, by Frances H. Graham, wife of Robert Jerome Gumnit. -eit K-Apcz-ttwo »ia : . MONICA A.FADNESS V ��( i) ri''', ,' NOTARY PUBLIC-MINNESOTA ti Notary Public 0'y:'�4 '" My Commission Expires Jan.31,2017 X11" xsrs✓rr.rrr✓rrrrrrrr.�. 6 �� _-i-__. , . . ,' . . . , . . . . . ' «^ VU ' . ` ` ' 4 4 . . ^ Exhibit . � ' . . ��t A . . . . . . . . . ^ , . ^ . ' . . . . . . , , ^ ^ ` ' ^ ' ^ ' ' ^ ^ ^ ' •' ` ' � �� F\ �� * 0 \/ i, ^ . ^ ^ . 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'/ \ / , • • - 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 was adopted at the meeting of the Orono City Council on October 10, 2016, 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 694foiatF4 Apo he City this 3rd day of November, 2016. tt, 411:- ; çC `2:,-gj- •1: // fl 46 /0