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HomeMy WebLinkAboutResolution 3599CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 � 9 9 A RESOLUTION GRA-NTPgG A CONDITIONAL USE PERAIIT PER �iLTNICTPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE #2048 WHEREAS, James R. Jundt and M Joann Jundt. (hereinafter "the applicants") are the owners of the property located at 1400 Bracketts Point Road within the Cite of Orono (hereinafter "City") and legally described as: Refer to Exhibit A attached hereto (hereinafter "property"): and %'HEREAS, the applicants have applied to the C. y of Orono for a conditional use permit per Municipal Zoning Code Section 10.28. Subdivision 3 (.A) to permit a third residential unit. studio apartment. within accessory structure on the property. Minnesota: NONV, THEREFORE, BE IT RESOLVED b% the CinCouncil of Orono, FINDINGS 1. This application was reviewed as Zoning File #2018. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 13.8 acres. 3. The Orono Planning Commission reviewed this ap7li-_ation on August 21. 1995 and recommended approvil of the conditional use permit as proposed based on the following findings. A) Property consists of 13.8 acres. B) There is adequate area to satisfj three residential units within the oversized accessory structure Paee 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO., Sc� C On-site septic testing has been completed for the proper[\ and testing has confirmed there is adequate area and suitable soils for development of on- site systems to sen•e the principal structure and the residential units within the oversized accessor-y structure. The Cit% Council finds that granting a conditional use permit to allo\� the studio apartment resulting rc a total of six bedrooms within the acce�son structure on the propert" will not be detrimental to the health. safes or general welfare of the public. woulo no: adversely affect light. air nor pose a fire hazard or other danger to neighboring properties. nor will its use depreciate surrounding propem values and that the proposed level of use of the propem will he in keeping with the intern and objectives of the Zoning Code and Comprehensive Plan of the Cin The Cit% Council has considered this application including the findings and recomendations of the Planning Commission. reports c;y st;�t-f and comments of m the applicants and the affect of the proposed use on the health, safety ,and �velfarc of the community. CONCLUSIONS. ORDER AND CONDITIONS Based upon one or more of the above findings. the Orono Cit'- Council hercb) grants a conditional use permit per Municipal Zoning Code Section 10.28. Subdivision 3 (A) to permit the installation of a studio apartment within an accessory structure that already contains a three bedroom caretaker apartment and two bedroom guest house apartment. subject to the following conditions: L"ri i! the extension of sewer has been resolved for this property. the on-site septic manager shall complete inspections every Two months to ensure there is no failure. Applicantis advised tha: should the systems fail during this period of time. the Cit,- shall require the pumping of septic tanks as needed and or limited use or partial use of the bedrooms within the accessory structure until structure is served by a conforming sewage disposal system. Applicants" contractor to obtain a building permit for the installation of the studio apartment within the upper level of the accessory structure on the propem. Paee 2 of 6 O• CITY of ORONO RESOLUTION OF THE CITY COUNCIL i� ;D No. 3X99 3. Authorities granted by ttus 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 this conditional use permit will expire on that date (September 11. 1996►. 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 authoriy granted herein. and shall be punishable as a misdemeanor. The undersigned applicants have read. understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs. successors and assign;. hereby agree to the recording of this resolution in the chain of title of the propem . Adopted by the Orono City Council on this l lth day of September, 1995. -','ATEST. LLQ_! M A1.a in. Cin' Clerk P"roperOwher(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN Edward J. Cal)ahan, Jr.. Mayo �w t«✓ The foregoing instrument was acknowledged before me on this 11th day of September. 1995. by Edward J. Callahan. Jr and Dorothy M. Hallin. Mayor & City Clerk of the Cin• of Orono, a Minnesota mutucipal corporation and said i.-tstrument was executed on behalf of the City. LINDA t VEE 7�!SLLP, roy PtJBUGWNWMTA KtNNERN COUNTY Notary Public omm s,onEx.«es JV 31 M%' Page : of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 5 e 9 On this1 G� day' of c��]e99 before me a Note Public within and for said count•, personally appeared t ' ' . �.:. 1 /:. .; las [lam` known to me to be the described in and who executed the for instrument. and acknowledged that he (they) executed the same as his (their) free act and deed. r•••y JEAN D. SCANLON NWAe PMK Aw"K". • rrr Cewrv>s1ON ExrllES LWUAfV 31,'tl O STATE OF MINNESOTA ) ) ss. COUNTY OF HEINNEPIN ) N�TARY PUBLIC Or. this day of .199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s I d. -scribed in and who executed the foregoing instrument. and acknowledged that he (they) executed the same as his (their) free act and deed. 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