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HomeMy WebLinkAbout#2926-CUP-1991 . I , �. � ��X rcpaj;� , Cit� o� ORONO i^'F' :.ri� �'T f4 ,j< � ��:��,�� k`r:' RESOLUTION OF THE CITY COUNCIL � '"�"� ��� N O. 2 9 2 6 � - . ����1.�° j u� ++ ':�Si.+� . A RESOLDTION GRANTING A CONDITIONAL DSE PERMIT PER MIINICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 4 (A) FILE �1613 WHEREAS , Jensen Homes Inc. (hereinafter "the applicant" ) has an interest in the property located at 315 Tonkawa Road located within the City of Orono (hereinafter "City" ) and legally described as Tract C, RLS #540 , Hennepin " County, Minnesota (hereinafter "property") ; and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a non-rental guest apartment per Municipal Zoning Code Section 10.23, Subdivision 4 (A) . NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File �1613. 2 . The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 acres minimum dry buildable lands. The property consists of 3+ acres in area. 3. On January 22 , 1991, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: A) The rural property contains adequate area to meet the septic needs at a 7 bedroom level use for current and future needs. B) The property contains 3+ acres of land where only 2 acres is required. C) The applicant has presented a valid need for the non-rental guest apartment. D) The interior design and layout of the non-rental guest apartment within the principal structure satisfies all pertinent standards of the zoning code. Paqe 1 of 4 ' � c�t� o� oR,oNo RESOLUTION OF THE CITY COUNCIL , NO. 2926 m - s s --,�: 4. The City Council finds that granting a conditional use permit to allow a non-rental guest apartment will not be 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 wi 11 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. " 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. CONQ,IISIONS, 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 permit the installation of a non-rental guest apartment within the residence located at 315 Tonkawa Road, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (February 11, 1992). 2. 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. 3. The undersigned persons 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. Page 2 of 4 . , 1 C�t� of ORONO RESOWTION OF THE CITY COUNCIL + NO. 2926 � - s • Adopted by the Orono City Council on this llth day of February, 199L AT ST: � _. �:' -:, '� � � ,��e�L��2'�J����y����'C.t'/�e�'�1; Dorothy M. allin, City Clerk Barbara A. Peterson, Mayor `� ' !� �� 1 � ,,-r �J_ -, � �. ,� w( I,� � � v�l f �, ,� � � -��- �1 �y- � � �rs�r ,�c:� r� � � t�.�.-�t��.�. ��� F�pert Owner(s) ��� plicant(s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this llth day of February, 1991, by Barbara A. Peterson & 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. THERESA L. NAAB - _ NpTARY PUBLIC- MINNESOTA _ My�mmEss oo exp�es s-Ts s2 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s ���' day of �GcN� , 1 g g� before me a Notary Pub�l�' c within and for said county, personal y appeared _ �C���,�`� %�J. Tp��5� �., 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. THER�8A L. NAAB NOTARY PUBLIC _ NOTARY PUBUC- MINNESOTA HENNEPIN COUNTY Page 3 Of 4 My commission expiras 9-8-92 ` Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2926 ST � NNESOTA ) ) ss. COUNTY OF HENNEPIN ) �I��,f,,�/ On this r��j day of i �Y-�ILa�L� , 199 � before me a Nota P b ' c wit 'n an� for. said o t , sonal�y appeared Yl� , `�- I�la��'�(�l � ���n� known to me to be t e person s described in and w o execute t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � .. i ^� % �. NO ARY PUBL C LE NN SOTA (�`�i��/� Q�_ � ':� '�� ANOKA COUNTY �'` � My commission expires 12-8-91 NOTARY PUBLIC :'r.;��', 1�:N: :` 1 �-� -�' � MY COMMISSION EXPIRES 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 (thei r) f ree act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4