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
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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.
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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.
NOTARY PLBUC
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