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HomeMy WebLinkAbout#2768-CUP-1990 . � o�;@";?���," • ' ' �� .. s t �� � �-� Clt� o� ORONO , ;�f.:�. _ ,s�,�� . • M•�Y� �i�'.y Y..� y�4t 1 '�!. = }q Y' '�- RESOLUTION OF THE CITY COUNCIL ��: ,Q�:;:;,: �' 2768 �� �� '� NO. . ;..,_ .. ;. :. A RESOLDTION GRANTING A CONDTIONAL DSE PERMIT PER 1KUNICIPAL ZONING CODE SECTION 10.24, SIIBDIVISION 3 (A) FILE #1488 WHEREAS, John E. Rogers (hereinafter "the applicant") is the owner of the property located at 755 Tonkawa Road located within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A (hereinafter "property" ) ; and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a guest house on the above referenced property per Municipal Zoning Code Section 10.24, Subdivision 3 (A) . � • NOW, THEREFORE, BE IT RESOLVED by the Ci ty Counci 1 of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File #1488. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 2.3 acres. 3. On February 20 , 1990, the Orono Planning Commission reviewed the application as proposed and recommenoed approval based on the followi�ng findings: A) The subject property meets all lot standards for a residential subdivision of two lots. B) The structure is proposed as a recreational area for the use of the occupants of the principal building and their guests and is not proposed for rental . purposes. Such ' use is in conformance with the standards of the Orono Zoning Code. C) The application involves no increase in hardcover within the 75-250 ' setback area. • Page 1 of 4 � �'+.r 1 , ' � �k,• 'Fn : ' �� Cit� o� ORONO �ti � ��R ry '�'+j'�'� • �.� � T. - � . . �t ��� �' �,�. .� RESOLUTION OF THE CITY COUNCIL M. . �, , • �%:`�'� �� a��� NO. 2768 �n:��'y: 1:�:. . .�'�� -��•y ' :'` . � �,�::C:.. . � �.^ ~, The City Counci l has considered this appl ication 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. 5. The City Council finds that granting a conditional use permit to allow a guest house on the property 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 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. 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 10.24, Subdivision 3 (A) to permit a guest house on the property located at 755 Tonkawa Road, subject to the following conditions: 1. The guest house structure shall never be used for rental purposes. 2. A SAC payment of $600.00 and sewer unit assessment of $6,542.16 shall be collected at the time of the issuance of a building permit for the conversion of the detached garage to the guest house. 3. Authorities granted by this conditional use permit 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 this conditional use permit will expire on that date (March 12, 1991) . 4. 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. • Page 2 of 4 �..�. . t . • � , . - � � us, yYi �z ��� o� ORONO Jf fi• � M • ..::�I � . . • `��� � , � � � �� � "" RESOLUTION OF THE CITY COUNCIL , w. ;:: ��� ' = � �,`' NO. 2768 �i:� ;�<.. _ • ' • •; 5. The undersigned owner has read, understoocl 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 12th day of March, 1990. AT ST: � othy . Hallin, City Clerk Jam s R. Grabek , Mayor D�c.� � 'Gt'° � • Pr erty Owner(s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of March, 1990, by James R. Grabek & 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. Notary Public THERESA L. NAAB ��(��G�a �, NoHENNEPIN COUNTYTA � � My commisaion expiros 9-8-92 My C omm i s s i o n E x p i r e s � Page 3 of 4 • a { � �l'=Y'�, i. o � . � ` t . �t V � • • �t::� ..`�. . � �+��d� � Cit o� ORONO . h'.-.�k �x��h. � • .<t',, i.''..•'••;��=3��� . r,, RESOLUTION OF THE CITY COUNCIL �� � NO. 2768 � , ��. � ��- �`. ..: . :'>r�:> STA�� � MINNESOTA ) ) ss. COUNTY OF HENNEPIN �) • On this ��� day of �Q,jr� , 199 � before me a otary Pub ' c within and for said county, personal� appeared D��S . known to me to be the pe son( e ribed in and who execute t e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . NOTARY PUBLIC THERESA L. N11AB �. NOTARY PUBLIC�MINNE80TA N` MY E���o°�45�82 � -�-�9� MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ,y-� day of ��y�� , 199 �, before me a Notary Public with,�' and for said County, personally appeared ��D�j'i � • /�D4r2�5, �'l LtS{�Qmcd k n awn t o me to be the person ( s ) described in and wha executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . �IE�C�-- CIiV THEREBA 1.. NAAB NOTARY PUBLIC HORARY PUBUO•MINNESOTA . �E��c��xCpt�r�NB��B-92 9-��9a MY COMMISSION EXPIRES • Page 4 of 4 y`�y .� t + -`'-i"'r --, • .. RESOLUTION #27,68 ri • v. • .. . . �. � :r� . EXHIBIT A LEGAL DESCRIPTION . . -- •--�-- -� - � . . 'All. that part of lot 1, Auditor's Subda�a���bel �ith Hand B15Q. ' . ���ty, � Minneaota lying .Northweaterly of i 1� � � • feet� Southeaeterly, _ mBaaured at �a at �lthereo,th�d aituateein HennePin , said L•ot 1. according to the reco P County, Hinneaota. Hennepin . pd_ Y,r:ez� pll• that Part °North�esterlytof,a lineiParallel�ith and� 200 feet : 'County, ' �Minneso�a . �Yin� .` � . ''.Southeaster�3�''taeasured at �right anBlea from thallaltc�ithtand 150 efeetsaSoutht • :;1 �nd;1�YinR•So�itheaste r I y of� a.1 ine draWn par � � • . .ea9terlp' : measut�d�at right an8les f�� tha°d sit atetin1Hennepinf CountY�tl4in� . � � `accordin� to �he rec:orded plat ther � n � nesota. ' . � � • ' : pRT•�ei �. : The aoutheastely 20 feeaccord nglto thedrecorded platlthereo�f,�and � . 207 of Heruzepin County+ Hinneaota. �� � aituate••in�HennePin_CountY, Hinnesota. .�._ . _ - - -••-•- .. _ __ .. . � - , � � ,