HomeMy WebLinkAboutRes #4244 O
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
l
NO. 42
9kESH0�
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 3 (A)
FILE #2460
WHEREAS, Kristin Jacques of Little Acorn Day Care Center, (hereinafter "the
applicant") has applied to the City for a day care at the property owned by Clifford L. Otten
located at 3800 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally
described as:
Those parts of Lots 11, 12, and 13, "MINNETONKA GARDEN ACRES", according
to the recorded plat thereof, lying southerly of the centerline of Hennepin County State
Aid Highway No. 6 Plat 5, as delineated in Book 70, Page 3844152 of Hennepin County
Records. Also the north 1/2 of adjoining old County Road No. 6 now vacated, Hennepin
County, Minnesota (hereinafter "property"); 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 February 16, 1999, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit a day care center for 60 children, ages 33 months to 11 years per Municipal
Zoning Code Section 10.28, Subdivision 3 (A).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2460.
2. The property is located in the RR-113 Zoning District, where 2 acres is the
minimum lot area. The property consists of 1.64 acres.
3. The Planning Commission reviewed this application on February 16, 1999 and
recommended approval on a vote of 4 to 0.
Page 1 of 4
� O�
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
��kES�I0g�Y NO.
4. The Planning Commission made the following findings of fact:
A. The proposed use will not have a negative impact on adjacent residential
uses.
5. The City Council finds that granting a conditional use permit to permit a day care
center for 60 children, ages 33 months to 11 years 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.
6. 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 10.28, Subdivision
3 (A) to permit a day care center to serve 60 children, subject to the following conditions:
1. This facility shall have a maximum capacity of 60 children.
2. The facility shall obtain a child care facility license from the Department of
Human Services.
3. The hours of operation shall be between 6:00 a.m. and 7:00 p.m., Monday
through Friday.
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 22,
2000).
Page 2 of 4
1
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL.
� G
t9kES80g� NO. 2 4 P A 4
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 and authorized agent of Little Acorn Day Care Center
and owner of the property 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.
Adopted by the Orono City Council on this 22nd day of February, 1999.
ATTEST:
Linda S. Vee, City Clerk 'Gabri abbour, Mayor
A icant(sff �tC►Gl1�I} `Jl:kt�'�?��(Q
r
Prty Owners
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
February, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
•"•• JAMIE L GE
MAR Notary Public
:• NOTARY PUBUC-MINNESOTA
HENNEPIN COUNTY
•••�•" My Commission Expires Jan.31,2000
Page 3 of 4
. T
O O _
CITY of ORONO
RESOLUTION OF THE CIT� G %)gN ILNO. ~�
ESII
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this J,3r.L day of , 199_1 before me a Notary Public within
and for said county, personally appeared � &U644A-1
known to me to be the person(s) described in an&*hg executed th foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
~ JAMIE L.GEMAR 'v
• NOTARY PUBLIC-MINNESOTA H6 ARY PUBLIC
....�r HENNEPIN COUNTY
My Commission Expires Jan.31.2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 3 j day of`hZ,QhCJ, , 1991 before me a Notary Public within
and for said county, personally appeared(T ali-I in +ti-
known to me to be the person(s) described and who executed the foregoing inst ment,and
acknowledged that he (they) executed the same as his (their) free act and deed.
OR
° "`• JAMIE L.GEMAR NOT PUBLIC
NOTARY PUBLIC-MINNESOTA i
• HENNEPIN COUNTY
�,..
Commission Expires Jan.31.2000
Page 4 of 4
HINSHAW & CULBERTSON
PIPER JAFFRAY TOWER
APPLETON,WISCONSIN SUITE 3100
MIAMI,FLORIDA
BELLEVILLE,ILLINOIS 22-1 SOUTH NINTH STREET MILWAUKEE,WISCONSIN
BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402
MUNSTER,INDIANA
BROOKFIELD,WISCONSIN
PEORIA,ILLINOIS
CHAMPAIGN,ILLINOIS
612.333.3434
PHOENIX,ARIZONA
CHICAGO,ILLINOIS TELEFAX 612-295.0398 ROCKFORD,ILLINOIS
CRYSTAL LAKE,ILLINOIS ST.LOUIS,MISSOURI
FT.LAUDERDALE,FLORIDA SAN FRANCISCO,CALIFORNIA
JACKSONVILLE,FLORIDA SPRINGFIELD,ILLINOIS
JOLIET,ILLINOIS
TAMPA,FLORIDA
LAKE GENEVA,WISCONSIN Nancy Chadwick WAUKEGAN,ILLINOIS
LISLE,ILLINOIS Direct:612.295.0660
nchadwick@onrampinc.net
September 13, 1999
Carole A. Haseman, Deputy City Clerk
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
Re: Recorded Resolutions
Our File No. 752031
Dear Carole:
Enclosed please find attested copies of the following Resolutions that were recorded in
the office of the Hennepin County Registrar of Titles:
1. Resolution No. 4228 (File No. 2447) recorded April 1, 1999, as Document No.
3140740;
2. Resolution No. 4065 (File No. 2325) recorded June 16, 1999, as Document No.
3169666; and
3. Resolution No. 4264 (File No. 245 1) recorded July 9, 1999 (the Registrar did not
assign a document No. to this resolution prior to returning the attested copy).
Certified copies of the following resolutions that were recorded in the office of the
Hennepin County Recorder on June 16, July 13 or July 14 are also enclosed:
June 16, 1999:
1. Resolution No. 4227 (File No. 2446) recorded as Document No. 7129610;
2. Resolution No. 4257 (File No. 2227) recorded as Document No. 7129611;
3. Resolution No. 4244 (File No. 2460) recorded as Document No. 7129612;
July 13, 1999:
1. Resolution No. 4277 (File No. 2475) recorded as Document No. 7144534;
2. Resolution No. 4276 (File No. 2473) recorded as Document No. 7144535;
Carole Haseman
September 13, 1999
Page 2
3. Resolution No. 4272 (File No. 2444)recorded as Document No. 7144547;
4. Resolution No. 4275 (File No. 2472)recorded as Document No. 7144548;
5. Resolution No. 4274 (File No. 2468)recorded as Document No. 7144549; and
July 14, 1999:
1. Resolution No. 4110 (File No. 2380)recorded as Document No. 7144905.
Upon your receipt of the enclosed, recorded resolutions please do not hesitate to call me
if you have any questions.
Very truly yours,
Nancy L. Chadwick
Paralegal
Enclosure
cc: Thomas J. Barrett, Esq.
AM 10: 5Zee
�3
2962, _
-_-DEPUTY
16JUN9910:53 07129 2 0 $4.50,
116JUN9910:53 07129612 C $16.00
RESOLUTION# 4
� I
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
1, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on February 22, 1999 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 25th day of
February ' 19 99
f
Linda S. Vee, City Clerk
`��b•, �� `�A =E'- ti ~� TRANSFER ENTERED
HOINEWN COUNTY TAXPAYER SERVICES
JUN 999
✓U Q pOl1NTy INN
Df-DUTY
O
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL 4 2 �
9kESH04' NO.
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 3 (A)
FILE #2460
WHEREAS, Kristin Jacques of Little Acorn Day Care Center, (hereinafter "the
applicant") has applied to the City for a day care at the property owned by Clifford L. Otten
located at 3800 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally
described as:
Those parts of Lots 11, 12, and 13, "MINNETONKA GARDEN ACRES", according
to the recorded plat thereof, lying southerly of the centerline of Hennepin County State
Aid Highway No. 6 Plat 5, as delineated in Book 70, Page 3844152 of Hennepin County
Records. Also the north 1/2 of adjoining old County Road No. 6 now vacated, Hennepin
County, Minnesota (hereinafter "property"); 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 February 16, 1999, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit a day care center for 60 children, ages 33 months to 11 years per Municipal
Zoning Code Section 10.28, Subdivision 3 (A).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2460.
2. The property is located in the RR-1B Zoning District, where 2 acres is the
minimum lot area. The property consists of 1.64 acres.
3. The Planning Commission reviewed this application on February 16, 1999 and
recommended approval on a vote of 4 to 0.
Page 1 of 4
t
O
• O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
ESH0g�G NO. A ID
4. The Planning Commission made the following findings of fact:
A. The proposed use will not have a negative impact on adjacent residential
uses.
5. The City Council finds that granting a conditional use permit to permit a day care
center for 60 children, ages 33 months to 11 years 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.
6. 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 10.28, Subdivision
3 (A) to permit a day care center to serve 60 children, subject to the following conditions:
1. This facility shall have a maximum capacity of 60 children.
2. The facility shall obtain a child care facility license from the Department of
Human Services.
3. The hours of operation shall be between 6:00 a.m. and 7:00 p.m., Monday
through Friday.
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 22,
2000).
Page 2 of 4
' V
/ O O
CITY of ORONO
ti
RESOLUTION OF THE CITY COUNCIL
�9kESH04� NO. '' fi,
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 and authorized agent of Little Acorn Day Care Center
and owner of the property 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.
Adopted by the Orono City Council on this 22nd day of February, 1999.
S �• FF��
- _a ' V4v,, fty Clerk Gabr 1 Jabbour, Mayor
V
,E6
C
to /
Prb erty Owne s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
February, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
I=JARESOTA NOta Pub11CY �'My n.31.2000
Page 3 of 4
O O
�b CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this,,2j day of g y�,�,c d�,�.Y 199q before me a Notary Public within
and for said county, personally appeared CE aZ.>rs,"Z),j 606&4.-
known
06&tiknown to me to be the person(s) described in and Oozxecuied theOfbrbgoing instrumerit,and
acknowledged that he (they) executed the same as his (their) free act and deed.
" . JAMIE L.GEMAR
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
��.�.•' My Commission Expires Jan.31,2000 NOTr PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,�� day of ti 199 before me a Nota Public within
and for said county, personally appearedn a
known to me to be the person(s) described W andw o executed the foregoing insinlment,and
acknowledged that he (they) executed the same as his (their) free act and deed.
`"'•. JAMIE L.GEMAR NOTT PUBLIC
NOTARY PUBLIC-MINNESOTA
• HENNEPIN COUNTY
•• °. MY Commission Expires Jan.31,2000
Page 4 of 4