HomeMy WebLinkAboutRes #4856 O O
�.: CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�`4kESII0 NO. 48
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 3 (A),
FILE NO. 02-2816
WHEREAS, Michael Kuruvilla of Orono Montessori School, (hereinafter "the
applicant")has applied to the city for a day care at the property owned by Otten Management located
at 3800 Wayzata Boulevard within the City of Orono(hereinafter"the City")and legally described as
follows:
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 '/2 of adjoining old County Road No. 6 now vacated,
Hennepin County, Minnesota, (hereinafter "the property"); 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 16 months to 6 years per Municipal Zoning
Code Section 10.28, Subdivision 3 (A).
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 August 19,2002,at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#02-2816.
2. The property is located in the RR-1 B Zoning District,where 2 acres is the minimum
required lot area. The property consists of approximately 1.64 acres.
3. The Orono Planning Commission reviewed this application on August 19, 2002
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and recommended approval of the proposed conditional use permit by a 5 to 0
vote.
4. The City Council finds that granting a conditional use permit to permit a day care
center for 60 children,ages 16 months to 6 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.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission,reports by City Staff, comments of
the applicant and the effect of the proposed variances 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 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 7:00 a.m. and 6:00 p.m.,Monday through
Friday.
4. Authorities granted by this variance 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 these variances will expire on that date
(August 26, 2003).
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.
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6. The undersigned applicant and authorized agent of Orono Montessori School 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 City Council of the City or Orono,Minnesota at a regular meeting held on the
26th day of August, 2002.
ATTEST:
'/Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Applie t(s)
i �,�4�
ro y Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 26th day of August,2002 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
Amwakk MSTI B.ANDERSON
AJPF"VAI owl NOTARY PUBLIC. SO7A
t Tbil
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1. ':..CITY of ORONO
p'%V RESOLUTION OF THE CITY COUNCIL
t�kESi;0 NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this �6�ay ofZ x2 .
2002 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.
RACHEL DODGE Notary Public
NOTARY PUBLIC-MINN="OTA
y MY Ccmrttission Expires Jan.3',,2C15
5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this lc day of o ,0v' 2002, 4fe personally appeared
before me
V who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation of , 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.
LINDA S.VEE otary Public
NWMY PAW.UNNESOTA
AlrCwahft E*=Jen.31,2005
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this :'�',; day of rC4i all j<urV✓, t 1 C' personally appeared
before me,
who is personally known to ins_
whose identity I proved oft-thlipsis of �—
whose identity I proved on t �h/afmation of , a credible witness
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as
his/her/tiiA
E.SKINET ,:;:a.-NNNEWTA Not Public
res Jan.31,2005
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