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HomeMy WebLinkAbout#4787-CUP-2002 , ;,�._ ;, • t _, ��---- �� �� . � o 0 ��b. - CITY of ORONO � � - �� G'�' RESOLUTION OF THE CITY COUNCIL . • ��`9k',ESgp4'� . NO. 4 r� ��' � � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20,SUBDIVISION 3 (C) FILE NO. 02-2775 . WHEREAS, Temple Israel (hereinafter "the applicant"), is owner of the property located at 645 Tonkawa Road(hereinafter"the property")within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and � WHEREAS, the applicant has applied for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit construction of a 40' X 76' open air . pavilion on the properry; 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 Apri115,2002,at which time all persons desiring to be heard concerning this application were given the opporhinity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File#02-2775. 2. The property is located in the LR-1B, One Family Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on April 15, 2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. Camps aze listed as a conditional use in the"R"zoni.ng districts. B. The property recently was granted a conditional use pernut for construction of • Page 1 of 6 �i=� �7 O� . • O O � ��b. - CITY of ORONU � � - �� �'�' . RESOLUTION OF THE CITY COUNCIL ��SH04� � NO. 4 "� � �' . � a toilet and shower facility. C. The pavilion meets all required setbacks for accessory buildings located within a camp. D. The proposed use of the pavilion is primarily for picnicking and group � gatherings. 5. -The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfaze of the public,will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will 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. • 6. The City Council has considered this application including the findings 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 above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit construction of a 40' X 76' open air pavilion on the property subject to the following conditions: 1. The lighting shall be installed to screen any light source outside the building. � � Lighting shall be directed to only illuminate those areas contained within the structure.� 2. The building shall be used for picnicking and group gathering and shall not be used for any activities not associated with the normal operation of the camp. 3. The building shall not be used for activities that would generate noise levels to exceed levels as regulated in the noise ordinance for residential properties. � Page 2 of 6 ��� �� �� . � o 0 ��b. - CITY of ORONO � � . . �� �'�' RESOLUTION OF THE I COUNCIL ��sH�4� � NO. � � �� � 4. Authorities granted by the conditional use permit run with the property not with the applicants. Applicant shall apply for a building permit within one year of Council approval(Apri122,2003)or any approval granted within this resolution shall expire. 5. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner and applicant have read,understand and hereby a�ee 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 City Council of the Ciiy of Orono, Minnesota at a regulaz meeting • held on the 22nd day of April,2002. ATTEST: 4 . (/ r Linda S. Vee, City Clerk Bazbara A. Peterson, Mayor � . APPlicant(s) �?C�C!.(_`FI v E��F2�C`rps72 . STATE OF MINNESOTA ���—�'�-��'L' � COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this 22nd day of April,2002 by Barbaza A.Peterson,Mayor of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. � GC� Notary Pu `lic .::��-,�.,.:.,� • JACKIE YOUNG � NOTARY PUBLIC-MlNNESOTA ' MY�ommiss(on Expires Jan.31,20d5 . Page 3 of 7 " i�� �� �� . � o 0 ��b. - CITY of ORONO ,� � - �� G'�' RESOLUTION OF THE CITY COUNCIL � ��`9ItESHpg'� � NO. � '� � `�' . . � STATE OF NIINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this `30�� day of �pr-i 1 ,200 Z. 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. ,��:�,Y RACHEL DODCE �� _ � ;� �� NOTARY PUBLIC-MINtdE..OTA t--���,L�a�P. /�c�:'� �?=�??F My Commission Expaes Jan.31,2005 ��r��+ Notary Public � STATE OF MINNESOTA COUNTY OF HENNEPIN � On this�_day of ,j,�r.-�-- ,20 a?— ��b�--- ���� � ✓ personally appeazed before me, ✓who is personally known to me whose identity I proved on the basis of . whose identity I proved on the oath/affirmation , a credible witness . and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ■ � i'k-�7,��it-� NEAL H.FRANK �ppy p�gL1C.MINNES07A Notary Public MY COM►�ISSION�P�ES 1�31•2005 � • � Page 4 of 6 ` i�� /� �� . �, o 0 ��b. - CITY of ORONO � � - �� �,'�' RESOLUTION OF THE CITY COUNCIL ��SH��� NO. ' � � � '� STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of � ,20_, personally appeared before me, � � who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation ;a credible witness - and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. • . Notary Public � Page 5 of 6 ` '� �1 . � � O� � O O ' � CITY of 4RON0 � � �� � , � .;-.. ti '�,,�L ' �Gti RESOLUTION OF THE CITY COUNC�L �kESI3�4�' NO: � � � � , Le�al Description Lot 11 Except the southeasterly 20 feet thereof, and lot 12,Auditor's Subdivision Number 207 of Hennepin County,Minnesota, According to the recorded plat thereof on file or of record in the Office of the Register of Deeds in said County. � � . � . . t , . . ; . . Page 6 of 6