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Home My WebLink About#3274-CUP-1993 t : � r � ��' CITY of ORONO O ,� O . s �T� ,� RESOLUTION OF TI� CITY COUNCIL �! � ��' �� ' � � ;.�� , N0. ; ti, t��9� o¢�G ES�I A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 4 (A) FILE NO. 1810 WHEREAS, Henry and Nancy DeNero (hereinafter the applicants ) are the �� owners of the property located at 1245 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit A, (hereinafter "properry"); and WHEREAS, the applicants have applied to the City for a conditional use permit for the continued use of an existing non-rental guest apartment per Municipal Zoning Code Section 10.23, Subdivision 4 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1810. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable area. The property consists of 5.76 acres. 3. On May 10, 1993, the Orono Council reviewed the application and recommended approval based on the following findings: a. The two-story structure with non-rental caretaker apartment has existed since 1937. b. The use existed prior to zoning standards for the City. The non-rental apartment is a permitted use but requires a conditional use permit. Page 1 of 5 � � Fao�5W5 b�kpero � � . r � ��' CITY of ORONO O ,.� O . . �� ,� RESOLUTION OF THE CITY COUNCIL � ��°�'� ti rro. �3 � ~� ;� � � �, Gti �9��x�g�i c: The area of this properry can easily support a second residential unit. d. The septic system has been inspected and is considered to be substandard, but a conforming system. e. The guest or caretaker apartment has been in existence for many years, but requires a conditional use permit at this time due to the issuance of a permit to remodel this structure. 4. The Council fmds that granting a conditional use permit to allow the non-rental guest apartment will not be detrimental to the health, safery 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 properry values and that the proposed level of use of the properry will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the fmdings 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 welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council.hereby grants a conditional use permit per Municipal Zoning Code Section 10.23, Subdivision 4 (A) to the current owners and applicants, Henry and Nancy DeNero, to permit a non-rental apartment on their property located at 1245 Sixth Avenue North, subject to the following conditions: 1. The apartment shall never be used for rental purposes but must remain for the exclusive use of family members, guests or domestic help. 2. Authorities granted by this resolution are permissive only and must be exercised by the applicants within one year of the date of Council approval or this conditional use permit will expire on that date (May 10, 1994). Fage 2 of 5 � � �,.��» � �t O � �' . CITY of ORONO � ��.� T � � � �,.,,�� RESOLUTION OF TI� CITY COUNCIL �, ��'�� ti No. 3 � 1-�t ��, � ' � c G �9kESH�g'� . 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�uthority granted herein, and shall be punishable as a misdemeanor. . 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their 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 this lOth day of May, 1993. � AT ST: ; ; Y 1'� � �_ , � ¢. 0 othy . H llin, City Clerk E war' J. Call , r., Mayor . �``��9-c O Prope Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowle.dged before me on this lOth day of May, 1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of ihe City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. _.,� _ __ �`�'�'z ,:..�;��.;;:r...,,..-�_ .. _ .. � � � •�•. JAh�1t l.�O5h1A :�'�' ` '' (�7ARY PUBUGMINNESOTA • . �t�N courrry No blic . Wly Carwn.Expres 1219�9T . � Page 3 of 5 ►��a��» • , � . � ��' CITY of ORONO O ,�`� O � �;;,�T� � RESOLUTION OF THE CITY COUNCIL '"3 '��'� , �" NO. � � i•,. '�+� !�' `�I � y � G ��E8S�g'� EXHIBIT A PROPERTY DESCRIPTION All that part of Lot 1, Auditor's Subdivision No. 291, Hennepin County, Minnesota lying south of a straight line drawn parallel with and 366 feet north of, measured at right angles to, the south line of Section 26, Township 118, Range 23; east of a straight line drawn parallel with and 725 feet east of, measured at right angles to, the east line of west one-half of the southwest quarter of Section 26, Township 118, Range 23, and the same extended; and west of a straight line drawn parallel with and 1,055 feet east of, measured at right angles to, east line of the west one-half of the southwest quarter of Section 26, Township 118, Range 23, and the same extended. � Page 4 of 5 � r�wos a�ao. . - '� � ��' CITY of ORONO O .�: � O e �-� � RESOLUTION OF THE CITY COUNCIL � ��=�' D" N0. � � r�' `��• t� ' titi G �9�ESH�g'� STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� s-�- day of , 199 3 before me a Notary Public within and for said county,personally appeared � � �e � ! � ,,,;.�"P� lalown to me to be the pers n(s) described in and who executed the foregoin� instrument, and ackrrowledged that he (they) executed the same as his (their) free act and deed. . . NOTARY PUBLIC STATE OF MINNESOTA ) �) 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 Page 5 of 5 �• ►.��a��