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Home My WebLink About#4918-CUP-2003 ‘; V O414 ; CITY of ORONO 1 '��,�!� ►�: ~ RESOLUTION OF THE CITY COUNCIL 4kESH04 N0. 4 9 18 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 3 (G); AND A VARIANCE TO SECTION 10.03, SUBDIVISION 9 (C) (2) FILE #02-2855 WHEREAS,Kevin M.Garnett,a single person,(hereinafter"the applicant")is owner of the properties located at 450 and 480 Orono Orchard Road South within the City of Orono (hereinafter"City") and legally described as: Attached "Exhibit A" (hereinafter"property"); 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 January 22, 2003, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a conditional use permit per Municipal Zoning Code Section 10.20,Subdivision 3 (G)for a guest house and a variance to Section 10.03, Subdivision 9 (C)(2)to permit more than one oversized accessory building on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2855. 2. The property is located in the RR-1B Zoning District,where 2 acres is the minimum lot area. The property consists of 14.7 acres. 3. The Planning Commission reviewed this application on January 22, 2003 and recommended by a unanimous vote of 7 to 0 recommended approval of a conditional use permit and variance. Page 1 of 7 ° c74%:)0 � A: � - CITY of ORONO �� ! ;' ,moo RESOLUTION OF THE CITY COUNCIL 4ICESSog' NO. 4 9 1 8 4. The Planning Commission made the following findings of fact: A. The guest house will not exceed the "2 acre per dwelling unit" density for properties in the RR-1B zoning district. B. The guest house meets all required principal building setbacks. C. A septic system was replaced that is designed to handle the wastewater for both the principal residence and guest house. D. The justification for allowing the second oversize accessory structure is that detaching the garage would meet the letter of the code but would result in greater visual impacts due to a less compact guesthouse/garage combination. 5. The City Council finds that granting a conditional use permit to allow a guest house will not be detrimental to the health, safety or general welfare of the public,would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. 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 variances 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 applicant,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff, comments by the applicant and the effect of the proposed variance on the health,safety and.weltare of the community. Page 2 of 7 . . .?.0.4V) O _ ? , � CITY of ORONO .t ��'n.�G4A'.I )/litf ~ RESOLUTION OF THE CITY COUNCIL `9k'Es.0.0 NO. 4 P j RI CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G)for a guest house and a variance to Section 10.03,Subdivision 9(C)(2)to permit more than one oversized accessory building on the property, subject to the following conditions: 1. The guest house shall be used and occupied by persons who would otherwise use the primary residence on the property,such as domestic help, guests and relatives. 2. The property owners shall file a restrictive covenant on the property agreeing the guest house will not be used as a rental unit and will not be used for a home occupation except to the extent that such use may be allowed by City code. Further, the restrictive covenant shall alert current and future property owners that the property does contain two oversized accessory structures and any future subdivision of the property would require City review of the status of the oversized accessory structures in terms of lot area requirements. 3. The guest house shall be constructed in accordance with the plans submitted by the applicant on file with the City of Orono and shall be developed in accordance with the site plan attached to this resolution as "Exhibit B". 4. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date(January 27, 2004). 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 applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of himself,his 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 this 27th day of January, 2003. Page 3 of 7 oik) O1V' , 00 =A v;'se, ;\` ,i( CITY of ORONO �L �t +h��G RESOLUTION OF THE CITY COUNCIL ` ICESgOg' NO. 4 1 $ ATTEST: wLe& / &—e_..r ag.4.,. .• I Agog . -- Lina . Vee, City Clerk Barbara A. Peterson,Mayor A.,J Pr• •erty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 27th day of January,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. ti "'V. KRISTI B.ANDERSON ,r. ./1.6—>0.1:1--4.-‘6ii SNOTARY PUBLIC-MINNESOTA `,{ _� . .'` �,P ..,Ccmmisvon P,AP'r` • . Notary Public . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � �day of January, 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. , - i_`_-_—tom—C (oc. 1..), r' ' RACHEL DODGE Notary Public Li , NOTARY PUBLIC-MINNE'OTA • y,, My Commission Expires Jan.31,2005 Page 4 of 7 o,4,. ,‘.. 0CITYof ORONO 'IA�� i ; �1 ; G~ RESOLUTION OF THE CITY COUNCIL 9kESII04'+ NO. 4 9 1 8 State of Minnesota ) ) ss. County of Hennepin ) 7 This instrument was acicnowledged before me his // da, of /�� ,2003 by Kevin M. Garnett, a single person. / 1 A ti �� _., 'otary Public / d" m, DARLENEHELEN?RAUFMI N 11 " `OTARYPOBIJC-MINNESOTA MyCcrn.Exp.Jan.31,2C0$ • Page 5 of 7 Exhibit A 4918 • Lots 5 and 6 Auditor's Subdivision No. 307 and Lot 15,Block 12,Minnetonka Bluffs, Hennepin County,Minnesota • • Page 6 of 7 or • Exhibit B• 4 I . • • J . f 1 t t _ , : I DET I ; ,AIL .•!! t • t a a • • • .� 31 I bIW I t �: I a t , , 9�G - fa 1 $ t - '� •f J l 0 • �� ., t 1 I , 1 s+t q . `. • f \ , 1 1 ttii• . , I i . . ` ` 1 1 . t sot t -. --- in I��iJ� f, t• t t• 1 •• ` f f - 984----- .PAS �2 .w S� • li _ It f b. � meq'• t 1, •- �• . CARA= 's• t f , t t f •• • • 6 - .. 1 i • t • �� .._' 0.951•\✓ t Com t + , • t u- EXISTING I PAT. •% . ; f i : ar I . �. • 3Ireso .. t t 11 : sat 1 _:_ • , N. f t% t • ft ,t ` ' • kr . . c ' • uo ,.' 1 �+ . 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