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Home My WebLink About#5106-CUP-2004 (changing roof pitch) i` � � O� O O • �� 3 C ITY of ORONO ,� , � , ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'ES'�I�g'�G NO. �i ,� � � A RESOLUTION GitANTING A CONDITIONAL USE PERNIIT AMENDMENT ' IN ACCORDANCE WITFI MUNICIPAL ZONING CODE SECTION 78-348 (3) . FILE NO. 04-2975 WHEREAS, Good Shepherd Lutheran Church, (hereinafter "the applicant") is the owner of the property located at 3745 Shoreline Drive within the City of Orono (hereinafter the"City") and legally described as follows: Lot 5, Block 7, Townsite of Langdon Park, Hennepin County,Minnesota . (hereinafter the"property"); and • WHEREAS,the applicant has made application to the City of Orono for a conditional use permit amendment in accordance with Orono Municipal Zoning Code Section 78-348 (3) in order to change the roof structure from flat to pitched on the existing classroom portion of the church. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: ' FINDINGS 1. � This application was reviewed as Zoning File#04-2975. 2. The property is located in the LR — 1 C zoning district, which requires a minimum lot area of%2 acre. The applicant's property is 4.834 acres,. 3. The Planning Commission reviewed this application at a public hearing held on January 20, 2004 and recommended approval of the conditional use permit amendment based on the following findings: a. The proposal meets all requir�ents established by the Zoning Ordinance. � • Page 1 of 5 . � °� � 0 0 • �� CITY of ORONO � � ti �',� G'�' � RESOWTION OF THE CITY COUNCIL � ��kEsl�Og'� N O. � � � � . 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff. comments by the applicant and the public, and the effect of the proposed conditional use permit amendment on the health, safety and welfaze of the community. 5. The City Council finds that the conditions existing on this property aze peculiar to it and do not apply generally to other property in this zoning . district; that granting the conditional use permit amendment 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 ZoninQ 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 amendment in accordance with Orono Municipal Zoning Code Section 78-348 (3) in order to change the roof structure from flat to pitched on the existing classroom portion of the church, subject to the following conditions: 1. Council approval is �based on the site plan submitted by the applicant 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 applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one yeaz of the date of Council approval, or the conditional use permit amendment will expire on that date(Januazy 26, 2005). 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, understood and hereby agrees to the terms of • this resolution and on behalf of the applicant and the applicant's heirs, successors Page 2 of 5 � O,�. O 4 • �� CITY of OIZONO � . : .. � , ti ��' G'�' � RESOLUTION OF THE CITY COUNCIL ' �`9kESYiOg'� NO. � � � � � 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 the 26`�day of January, 2004. ATTEST: , ;� � �/' , Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �� . Propert Owner(s) • • Page 3 of 5 � °� 0 0 • �� CITY of ORONO � � . .., � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ' ��kES�I�g'� NO. � � � � STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �9'�day of �c�,n,�RL1� 2004 by Bazbara A. Peterson, Mayor of the City of Orono, a Minnesota murucipa l corpora t ion an d sai d ins t r u ment was execute d on be half of the City. . _ �--,��..�,.=� D�o-c �- r�"� RAC!«L DODGE Notary Public r ta0'A�YPUi;L;�-M�Pq�1E�OTA � J `S�Ccrm?csion Ex;.:•:�Jan.31,2005 ,:._.».�. . . . .._-^_-,-�,�'•--. . . • STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this°� day of �_ ua�.,��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. �"i�oz-�-�-c.� �v�- --n_r�. . RACHEL DODGE Notary Public PJOTARY PUBLIC-MINNE:,OTA �.1y Canmissbn Expkes Jan.31,2005 • Page 4 of 5 � o� � 0 0 • �_ � C ITY of ORONO ,� -: ;� �., ti RESOLUTION OF THE CITY COUNCiL ti . �i�9 , 4��'G � �. 0 � kESH.� NO. State of Minnesota ) � � ) ss. County of Hennepin ) � � This instrument was acknowledged before me this�day of , 2004 by Reverend Loren D. Davis, Pastor. � - DENiSE M.LESKINEN ��p�g�-MIN�ESOtA issionExP��eg�en.3i'"'�'„aS,� Notary Public ."MF ,L,� ` , , IVI% • � Page 5 of 5 , � �� EXHIBIT A C�C�G°� � OC�OL� p � M . �`�C� LG� � For. �� V �� Good Sheperd Lutheraa Church ' Shrti►eyor: 3749 Shoreline Drive (Co. Rd. �15) Gilbert J. Beseke Wayzata, Minnesota. 55391 �01 ��o� Roa3 eF� � � � H°pkins, Minn�esota. Phone: 938-2887 . CO. ROAD " /3� � . � . . . � . �~' 318.30 N 89-52-oG E ' : � �t/�� /��j Descrigtioa: �� • ,//�/ � • Lot 5, B1ock 7 � • .. i�/ .�� Tcznsite of Langd� park. �t b �. c�a��i�a J��/� \ � ` �s • 't.` / � •� 1 I;� W \� �,�• / J�_ �yG ` . L, \ �. . / � `w �C,s,�3 y�,� r \ . 33 � . +�t��;'•'� N �Z�'T � ` n' '.>.� " �� _ �. � - � � � .a � r � , � `' � �'� Sca],e: 'I"=100' ` x 's� o Denotes I.�. i � � o �S ' a ' a, ' 13 � U V ' � �� •�� A ' ��9� 9j� ■V►`�� y r��. .�� r � � � � s �1 LL ��GyE . . �` � p� p t'f��D. - � I hereby certify that this survey uas � prepared by me or under utiy direct super- vision and that I am a duly Registered Land S�rveyor under the laws of the State � � of Minnesota. o . Q}�� ktiti Date: November 26. 1986. � �� , - ya y �q,0 Registration Number �3793 - ��5' ,� � . � �� ott� � a, :` + Z� `OQ •� ^� ':.% y;' � A�j I�'r7 - ! '1 .� �}.� •%:`I . • � . 3 J - ... ..- ' ��