HomeMy WebLinkAbout#4134-CUP-1998 �.;�'�'
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��� G'ti RESOLUTION OF THE CITY COUNCIL ,
�9kESH�g'� � . . . � � � NO. �, � e�� . �
� A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT .
PER MUNICIPAL ZONING CODE
� SECTION 10.03, SUBDIVISION 10
� FILE #2392
WHEREAS, Thomas Berscheid (hereinafter "the applicant") is the owner of the
property located at 1365 Rest Point Road within the City of Orono (hereinafter "City") and
legally described as:
Lot 12, and all that part of Lot 13, which lies East of a line drawn from a point in the
South line of said Lot 13, and 52 feet westerly from the Southeast corner of said Lot 13 �
to a point in the north line of said Lot 13, 45 1/2 feet Westerly from the Northeast
comer of said Lot 13, all the above described property being in the Subdivision of Lot
� 14 Rest Point Park Lake Minnetonka, Hennepin County, Minnesota (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 July 20, 1998, at which tunes all persons desiring to be
heard conceming this application were given the opporiunity to speak thereon; and .
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to Municipal Zoning Code Section 10.03, Subdivision 10 to permit the construction of
an accessory structure on a through lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
� Minnesota: � �, . � � � �
FINDINGS
1. This application was reviewed as Zoning File #2392.
2. The property is located in the LR-1B, One Family Lakeshore Residential Zoning
District.
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�� �,'� � RESOLUTION OF THE CITY COUNCIL
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3. The Planning Commission reviewed this application on 7uly 20, 1998 and
� recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The accessory structure meets all required setbacks for the LR-1B Zoning
District. , •
B. The lot would meet required hardcover in the 250-500' lakeshore setback.
C. The lot coverage requirement is met.
5. The City Council finds that granting a conditional use permit to allow the
construction of a gazage on the through lot is not 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 progerry 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 has considered this application including the fmdings and
recommendations of the Planning Commission, reports by staff and comments of
the applicants and the affect of the proposed use on the health, safety, and welfare
of the community.
� CONCLUSIONS, ORDER AND CONDITIONS
� . Based upon one or more of the findings noted above, the Orono Ciry Council .
hereby grants a conditional use permit to Municipal Zoning Code Section 10.03, Subdivision 10 �
to pernut the construction of a garage on the through lot located at 1365 Rest Point Road, subject
� to the following conditions: .
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1. The applicant shall construct the garage in substantial conformance with the
� survey dated May 19, 1998 on file with the Department of Building and Zoning.
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��e. - CITY of ORONO
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, �� t,'ti . RESOLUTION. OF THE CITY COUNCIL
. . L`�kESII�4�' � .� � � � � NO. � �. a� � � � . � � "
2. Authorities granted by this resolution are permissive only and must be exercised
by application for a building germit within one year of the date of Council approval
or this conditional use permit will expire on that date (July 27, 1999). �
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 applicant has read, understoad 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 properry.
Adopted by the Orono City Council on this 27th day of July, 1998.
� ATTEST:
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Linda S. Vee, City Clerk Gabrie Jabbour, Mayor
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Property Owner(s)
STATE OF MINNESOTA ) �
� ) ss. .
COUNTY OF HENNEPIN )
The foregoing instivment was acknowledged before me on this 27th day of 7uly, 1998, by
Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota
' municipal corporation and said instrument was executed on behalf of the City.
� ,
. °"•"'• CAROLE A.HASEMAN
y,�•� NOTARY PUBLIC-MINNESOTA Notary Public
<:t`�� •� HENNEPIN COUNTY
4���4�0' My Commission Expires Jan.31,2000 �
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��b. - C ITY of ORONO
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, �� G'� RESOLUTION OF THE CITY COUNCIL
� . .��kEsH04�' . . . NO. .� ��. � 4 � . .
. STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �_day of �c� s , 199$ before me a Notary Public within
and for said county, personally appear��p�_�rsc�P;c� n� iv,�rr�°� , �
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed. .
<<•�•. CAROLE A HASEMAN
• '^ '` � NOTARYPUBUC-MINNESOTA �p�j�� � , ,Ql �1��
•,-'�-����,-,: HENNEPINCOUNTY NO PUUIIC �
�-�-•� My Commisslon Expires Jan.31,Z000 �Y
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STATE OF NIINNESOTA )
) ss.
. COUNTY OF HENNEPIN )
� . � � On this day of � � , 199 before me a Notary Public within
and for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed. .
Notary Public
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