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RESOLUTION OF THE CITY COUNCIL
.41 ESH04� NO. 3228
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.24, SUBDIVISION 3
FILE #1787
WHEREAS, Robert L Waade, (hereinafter "the applicant") is the owner of the
property located at 998 Wildhurst Trail within the City of Orono (hereinafter "City") and legally
described as:
Lot 1, Block 1, Wildhurst Estates, Hennepin County,Minnesota(hereinafter "property");
and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit the installation of a non-rental guest apartment within the existing principal
structure currently under major reconstruction per Municipal Zoning Code Section 10.24,
Subdivision 3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1787.
2. The property is located in the LR-1B Lakeshore Residential Zoning District
requiring 1 acre in area. The property consists of 1.56 acres.
3. On January 19, 1993, the Orono Planning Commission reviewed the application
as amended and recommended approval based on the following findings:
A) Primary access to the second story apartment over the garage has been
relocated within the principal structure.
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Ir:' RESOLUTION OF THE CITY COUNCIL
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B) There is adequate area either within the garage or within the exterior
parking area to provide adequate parking to serve apartment users.
C) Sewer and all other utilities will be metered under the meter for the
principal residence.
D) There will be no separate address provided for the apartment use.
4. The City Council finds that granting a conditional use permit to allow the non-
rental guest apartment 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a conditional use permit per Municipal Zoning Code Section 10.24, Subdivision
3 to the current owner and applicant, Robert L. Waade, to permit a non-rental apartment within
his residence located at 998 Wildhurst Trail, subject to the following conditions:
1. This conditional use permit is granted to the current owner and applicant and shall
expire upon sale or transfer of fee title to another agent or person. It shall be the
responsibility of a future owner to apply for a conditional use permit if the non-
rental apartment use is to continue. If not, the owner will be responsible for
obtaining a building permit to make the necessary alterations to structure so that
the kitchen area is removed.
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Form 5005 DisN Orono
O 00 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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AX es80g'
2. Upon application for a building permit for the installation of the guest apartment,
applicant shall provide amended plans drawn by an architect reflecting the
redesign of interior access to second floor apartment.
3. The apartment installed above the attached garage can never be used for rental
purposes but must remain for the exclusive use of family members, guests or
domestic help.
4. Authorities granted by this resolution 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 (February 8,
1994).
5. 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.
6. 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 8th day of February, 1993.
AT ST:
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Dorothy M allin, City Clerk
Edward J. Call 4.an, -r.,—Mayor,
Property Owner(s)
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Form 5005 Disk Orono
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= : �_; CITY of ORONO
14 keli v1 6' RESOLUTION OF THE CITY COUNCIL
-Lig)._ ) 4Y NO. 3228
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of
February, 1993, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
CAROLE A. HASEMAN
Qc .
� 6.NOTARY EUBLIO-MINNESOTA Notary blic
HENNEPIN COUNTY
MY COM?AISSION EXPIRES 629.96
My Commission Expires
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0
l*Ps CITY of ORONO
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kESH0RESOLUTION OF THE CITY COUNCIL
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<9 4�' NO. 3228
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of Feb r a f , 199 3 before me a Notary
Public within and for said county,personally appeared 5,k,'Is t, Wnn o t 44 /(°6 Err t
1-0rwg D El ,ma rri rd 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.
'` n LINDA S. VEE . ,--eZet- l' az___2__-
`: .... NOTARY PUBLIC - MINNESOTA NOT•41Y PUBLIC
i;µ ,` __ HENNEPIN COUNTY
My commission expires 8-12-96
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 (their) free
act and deed.
NOTARY PUBLIC
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