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HomeMy WebLinkAbout#3864 - Amendment to CUP - 1997 �w . � O ' V O O \, ��b - �� CITY of ORONO � � . �� �,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. e`3 �-� A RESOLUTION GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (D) FILE NO. 2223 WHEREAS, Lake Minnetonka Big Island Veteran's Camp (hereinafter the "applicant") is the owner of the property located at 100 Big Island within the City of Orono (hereinafter "City") and legally described as: Government Lot One (1), Section Fourteen (14), Township One Hundred Seventeen (117), Range Twenty-Three (23); and Government Lot Two � (2), Section Twenty-Three (23), and that part of Government Lot Three (3), Section Twenty-Three (23), commencing at the Northeast corner of said Government Lot Three (3), Section Twenty-Three (23); thence Southwesterly along the lake shore to the Northeast corner of Lot A, Morse Island Park; Thence South 350 feet to Lake Minnetonka; Thence East along the shore of Lake Minnetonka to the East line of said Lot Three (3); thence North to the place of beginning (hereinafter "property"); and WHEREAS, the applicant has applied to the City for an amendment of a conditional use permit to permit the relocation of an existing cabin to the south side of the camp to be used as an office. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2223. 2. T'he property is located in the RS Seasonal Recreational District, where overnight camps are a conditional use. Page 1 of 4 w� �0�? � ' V O O �b. - CITY of �RONO � � �� �,'�' RESOLUTION OF THE CITY COUNCIL �9kESH��'� NO. � � G 4 3. On March 17, 1997, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: a. The application meets the conditional use requirements for an overnight camp. b. The relocated cabin will meet all the requirements for a building serving disabled persons and provide a point of entry for camp visitors. c. The relocated cabin will not be located in the 0-75' setback from the - shoreline. 4. The City Council finds that the granting of an amendment to the conditional use permit to allow a relocated cabin to be used as an office 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 by the applicant and the effect of the proposed conditional use permit 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 amends the conditional use permit per Municipal Zoning Code Section 10.31, Subdivision 3 (D) to pernut the relocation of an existing cabin to be used as an administrative office, subject to the following conditions: 1. Applicant shall provide a certified survey to the Building Official and Planning staff to verify that the relocated cabin is not located within the 0-75' setback from the shoreline. Page 2 of 4 � �a � O ' Y O O � ��b: - � C ITY of ORONO � � � '�' RESOLUTION OF THE CITY COUNCIL ��9kESH�g'�G NO. � � 6 � 2. The relocated cabin will conform to all pertinent Building Codes. 3. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (March 24, 1998). � 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. 5. 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 24th day of March, 1997. A EST: �,�^ � �'►" 1 � . Dorothy allin, City Clerk Gabri Jabbour, Mayor ���✓� �.� c,ti`e�r �j�G �S"cA� �7 V�c%Cnl�rvs �nrf(� Property Owner(s) �% u ,�CZ l� C�� Gu✓�"!�� �`�— Page 3 of 4 ' _ w �o � � 0 0 ��b. - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCI� t9kESH�4� NO. � � s � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of March, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ;;:•.,, LINDA S.VEE �� NOTARY FUBLIC-t�11NNESOTA � �/�� :.I•� ,_',• HENNEPINCOUNTY _(�G�tl� � My Canmission ExDires Jan.31,2000 �c -- Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of .��:c� � s-�- , 199� before me a Notary Public within and for said county, personally appeared �/:,�t t���L{��e��, B•�4 Isl���d ve f��an s �n n�P,Ro a���" 01 on behalf of the Board of Governors Big Island Veteran's Camp, known to me to be eth �%y'�'��`� 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. � �� , /� :�,,.'., ��j��/.�t✓ N�-' �� LINDA S.VEE NOTARY PUBLIC a-..���; NOTARYPUBLIG�,AINNESOTA � eqt, � HENNEPIN COUNTY My Commission Expire��an.31,2ppp Page 4 of 4 '