HomeMy WebLinkAboutResolution # 2075 ?.
ry y � City of ORONO
RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.55, SUBDIVISION 8 AND
ORDINANCE 13, SECOND SERIES AND
CONDITIONAL USE PERMITS PER
SECTION 10.28, SUBDIVISION 3 (A) AND
SECTION 10.03, SUBDIVISION 20
FILES 1062 AND 1077
WHEREAS, Ingeborg Cici (hereinafter "the applicant") has an
interest in the property located at 875 Wayzata Boulevard within the
City of Orono (hereinafter "City") and legally described as follows:
That part of the Southeast 1/4 of the Southeast 1/4 of Section
35, Township 118, North Range 23, West of the 5th Principal
Meridian described as follows: Beginning at a point on the West
line of said Southeast 1/4 of the Southeast 1/4, 29.7 feet North
of the Northeasterly line of the right-of-way of the Great
Northern Railway Company; thence North along the West line of
said Southeast 1/4 of Southeast 1/4 to the South line of the
right-of-way of the Electric Short Line Railway Company; thence
Easterly along the South line of said Electric Short Line Railway
Company to the Southwesterly line of State Highway 12, formerly
No. 10 ; thence Southeasterly along said Southwesterly line of
said Highway to a point distant 385 feet measured at right angles
from the South line of Section 35; thence Westerly parallel with
and distant 385 feet measured at right angles from the South line
of said Section 35, a distance of 1011.05 feet to the point of
beginning.
ALSO, all that part of the Southwest 1/4 of the Southeast 1/4 of
Section 35 , Township 118 , Range 23 , lying South of the
Southeasterly right-of-way line of the Electric Short Line
Railway Company and Northeasterly of the Northeasterly right-of-
way line of the Great Northern Railway Company, (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City for a
variance to Ordinance 13, Second Series and a conditional use permit
per Section 10.28, Subdivision 3 (A) to permit the construction of a
day care center/nursery school prior to the completion of the Highway
12 Planning Study and an additional variance per Section 10.55,
Subdivision 8 and conditional use permit per Section 10.03 ,
Subdivision 20 to permit land alterations and the installation of a
private driveway within 15 feet of a wetland instead of the required
26 feet.
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F� y City of ORONO
_ .„.,,,,,, ,,,,4.. RESOLUTION OF THE CITY COUNCIL
NO. 2075
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NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. These applications have been reviewed as Zoning Files #1062 &
1077 .
2. The property is located in the RR-1B Rural Residential Zoning
District.
3. The property is approximately 13 acres in area with 7 acres
of dry contiguous land.
4. The Orono Planning Commission reviewed application #1077 on
September 15, 1986 , and application #1062 on October 20, 1986,
and recommended approval of the multiple variances and
conditional use permits sought by the applicant based upon the
following findings:
A) The proposed day care/nursery school use conforms to all
standards set forth in the current code.
B) The proposed location and conditions by which the day
care center shall be operated will pose no hazards to the
public health, safety and welfare.
C) The proposed use as amended will not be injurious to
properties or improvements in the vicinity.
D) The proposal is not found to be in conflict with the
current Comprehensive Plan nor any amendments considered or
proposed by the City during the Highway 12 Planning Study.
E) The only approved safe access to the site will require
that the applicant install a road either adjacent to or
intersecting an extensive wetland area. Council finds the
east access the only safe access to the site.
5. The City Council has considered these applications including
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.
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City of ORONO
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�- x�.- RESOLUTION OF THE CITY COUNCIL
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NO. 2075
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting these variances
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properties;
would not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
7. The City Council finds that granting conditional use permits
to allow the installation of a day care center/nursery school
prior to the completion of the Highway 12 Planning Study 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 Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Ordinance 13, Second Series and a
conditional use permit per Section 10.28, Subdivision 3 (A) to permit
the installation of a day care center/nursery school prior to the
expiration of the Temporary Limited Development Ordinance and a
variance to Section 10.55, Subdivision 8 and a conditional use permit
per Section 10.03, Subdivision 20 to permit the construction of a
private roadway within 15 feet of a designated wetland rather than the
required 26 feet, subject to the following conditions:
1. Prior to the issuance of permits for building or land
alterations on the above described property, the City must be in
receipt of the following:
A) Developer's Agreement with appropriate security to
assure the following is completed as approved by the City:
1 ) Landscaping per Page 4 of final plans referred to
as Final Landscaping Plans.
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" 9r3 City of ORONO
•'Y RESOLUTION OF THE CITY COUNCIL
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NO. 2075
okor2 ) Construction of access road and left turn lane -
-- final plans to be approved by City and State Highway
Department.
3 ) Erosion control plan.
4 ) Site grading per final approved plan.
B) M.C.W.D. permit approving final grading and drainage
plans.
C) Payment of 5 SAC Units with issuance of building permit.
Total payment of $2,375.00.
D) State Highway Department permit approving access, left
turn lane plans and use of State right-of-way for private
road purposes.
E) Applicant must amend final site plan to provide a 50
foot setback from State right-of-way for parking area within
front/street yard.
2. 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 (November 10, 1987).
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 authority granted
herein, and shall be punishable as a misdemeanor.
4. The undersigned applicant 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 10th day of
November, 1986.
ATTEST:
-. 2 )• ; '4 � C
Dor'othy M. allin; City Clerk M. y B1 t er, Mayor
l / , r
ti Z Li
Property Owner(s )
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��A City of ORONO
'" ` RESOLUTION OF THE CITY COUNCIL
xwd N O. 2075
°:ORONO.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of /L'ac%-i-z , 1986
before me a Notary Public within and for said county, personally
appeared , k )-)ci-j , (_ /('1 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.
/(2LL.)-(- - W7(C2z- -
;,.;T.. THERM L NMB NOTARY PUBLIC
+.. NOTARY HAW- MINNESOTA
,7r ;)_ HENNEPIN COUNTY
f ,. My oOmmfsion expires 9-8-92
9-8- c/__- -
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this /5)- day of 6-0to-Ja-'2-1— , 1986, before me
a Notary Public within and fox said County, personally appeared
7O:.,r\,ci e(( al . C_ L-cf_1 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. / -
)/), -U 'a`--- • /YO--aliv---
NOTARY PUBLIC
(-?'
MY COMMISSION EXPIRES
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