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HomeMy WebLinkAbout#3177-CUP-1992 ,, � O� O O ���, CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL �L`9.ItE p4�'� NO. 317 7 SH A R$SOI.IITION GRANTING A CONDITIONAI. DSB PERMIT P$R MIINICIPAL ZONING CODE SECTION 10.28, SIIBDIVISION 3 FILE #1758 WHBREAS, James F. Lawrence (hereinafter "the applicant") is the owner of the property located at 1550 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as: Lot 4 , Block 1 , , Tanglewood, Hennepin County, Minnesota (hereinafter "property"), and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to allow the continued use of a second resident�.al structure :on the property for guest house use per Municipal Zoning Code Section 10.28, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1758. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District requiring 2 acres of dry buildable area. The property consists of a total of 4.42 acres. 3. On August 17, 1992 the Orono Planning Commission reviewed the application as proposed and recommended approval based upon the following findings: a) The guest house use on the property was established in 1967 with the construction of the second residential structure. b) The City has received no negative commerlts based on the twenty-five year history of the use of the structure for guest house use purposes. , Page 1 of 4 � _ � . � O� O O ��, CITY of ORONO - � � '�' RESOLUTION OF THE CITY COUNCIL ��'`9kE p4�G NO. 317 7 sx c) The subject property consists of 4. 42 acres and therefore meets the 2 acre per one residential unit standard as required by code. d) Stephen Weckman in his report of July 14, 1992 confirms that the existing system has been found to adequately serve the existing house and guest house structure. Additional septic testing submitted has confirmed that there is an alternate site available for future use that would be able to serve both principal structure and guest house. 4. The City Council finds that granting a conditional use permit to allow the continued use of a second residential structure on the property for guest house use 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 it 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 P lan of the City. 5. The City Council has considered this application per the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. CONCLIISIONS, 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 10.28, Subdivision 3 to permit the continued use of a second residential structure for guest house use on the property located at ,1550 Sixth Avenue North, subject to the following conditions: 1. The structure defined as a guest house on the property shal 1 never be used for rental purposes but may be used exclusively for the use of nonpaying guests and employees. r Page 2 of 4 • /� °� 0 0 �b � C ITY of URONO �� � , � �� �'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. 317 7 2 . Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, sha 1 1 automatica 1 ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 3 . The undersigned owner 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 14th day of September, 1992. A ST: �• /�.leli'c..��-t2-� � �-e'-fi� Do othy Hallin, City Clerk Barbara A. Peterson, Mayor �—�7 �� �� , �.. `/-� l/��� ��''Z - � �� �.�,/ i ,[� �Z�.0� _ jProperty Owner(s ) STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of September, 1992, by Barbara A. Peteson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � y /' � —�"'r,�, � �,�7A ✓'�✓ //�-L� ` �` '' °'� No ary Public � - 4� y comrr� ��y�;c;,;rc�s c-t�:,o Page 3 of 4 LINDA S. VEE � NOTARY PUBLIC - MINNESOTA � � HENNEPIN COUNTY My commisslon exp�res $-�2�8 � °� 0 0 b - C ITY of URONO � F �� G'ti RESOLUTION OF THE CiTY COUNCIL '� � 3177 �kESHOg' NO. STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this OC �`S� day of � 199�'' before m.e a No ary Publi within and or .�aid �known�toemeotolbe appeared `�� �-- the person(s) described in an who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . •� JAMIE L BOSMA , :� N07ARY PI�t.ICrM�WNESOTA . • -• HB�IN COUNiY ���J '•...• MyCamm.Expi�esl2-19-97 NOTA UHLIC STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this '�`� day of , 199�, before me a Notary Pub 'c within and for s id Coknow�n Ptos�mel lt abeeathe rson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � HELEN J. BAHLMANN A N6TARY Pthb.IC--MprlIESOTA HENNEPIN COu� NOTARY P LIC .,.... 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