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HomeMy WebLinkAboutResolution 6096 Doc No T05059566 Certified, filed and/or recorded on 3/20/13 10:00 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 30 Pkg ID 948960M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 865623 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES CONDITIONAL USE PERMIT ESTABLISHED PER RESOLUTION NO. 5895 FILE NO. 09-3435 y3c� 3 ..c1/4, 04i. O O CITY of ORONO a ' � RESOLUTION OF THE CITY COUNCIL 4kSHOg' A RESOLUTION GRANTING AN EXTENSION OF THE VARIANCES ESTABLISHED PER RESOLUTION NO. 5895 FILE NO. 09-3435 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono (hereinafter "City Council") has adopted land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS, pursuant to Orono Municipal Zoning Code Section 78-129, Loren Schoenzeit and Stacey Schoenzeit, husband and wife (hereinafter "the Applicants") have applied for an extension of the approvals granted under Resolution No. 5895 for property located at 4480 Forest Lake Landing and legally described as follows: Attached as Exhibit A (hereinafter"the Property"); WHEREAS, on December 14, 2009 the City Council approved Resolution No. 5895 granting variances from Municipal Zoning Code Section 78-330 and 78-1288 to permit construction of a new residence; and WHEREAS, on December 7, 2010 the Applicants requested and were granted an administrative extension of Resolution No. 5895 pursuant to Orono Municipal Code Section 78-129 thus extending the approvals granted via Resolution No. 5895 until December 14, 2011; and WHEREAS, the City Council has considered the application by the Applicants for a further extension of the approvals granted under Resolution No. 5895 for development of the Property; and Page 1 of 3 . . 4 0.4,. O ss O CITY of ORONO a a r� -' RESOLUTION OF THE CITY COUNCIL v$,, 1 \',/.".-‘ Ay WHEREAS, the Applicant was not able to commence construction within the allotted one-year established by Resolution No. 5895 or within the one-year extension granted; and WHEREAS, the approvals granted by Resolution No. 5895 expire on December 14, 2011; and WHEREAS, on November 16, 2011, pursuant to Orono Municipal Zoning Code Section 78-129, the Applicants have made a request for City Council extension of the approvals granted in Resolution No. 5895. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono does hereby grant an extension to December 14, 2012 of the approvals granted under Resolution No. 5895, subject to the following conditions: 1. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining building permits by December 14, 2012 or the approvals will expire on that date. 2. All other findings, conclusions, and conditions of Resolution No. 5895 shall remain in effect. 3. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval and industrial site plan approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the Property. Page 2 of 3 . . . . . , 04O . . CITY of ORONO A � �'- ,%., RESOLUTION OF THE CITY COUNCIL 'S4 ,Ii,,( :„)' > 9 ,tii' NO. fe IkESHOg' • ;u' ' Adopted: by the City Council of Orono this 28th day of November, 2011. 'i '%' .4 4.4'7 r --I--e..- JCI ir)C-16CAL6 ''• 1nda:S '* City Clerk Lili Tod McMillan, Mayor 4(,fig# C •'. li. G�.ag/ Property OVvner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN I1,4h 3 This instrument was acknowledged before me on this 7 day of 1- "`RA-a-'11-A-/ 201 , by Loren Schoenzeit, husband of Stacey Schoenzeit. —�,r ii'' RACHEL DODGE NOTARY PUBLIC-MINNESOTA X � ' r .�• My Commission Expires Jan.31,2015 R frc� k. �� . (W- ,-----_---..,-,----- '. ."� '....e&„.. ..:,,.:n„..-.— ti Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN .e f- 3 This instrument was acknowledged before me on this 1 day of /,el3Vl i1? E 201/, by, Stacey Schoenzeit wife of Loren Schoenzeit. 1 �,, RACHEL DODGE ) �� �4,cit'" NOTARY PUBLIC-MINNESOTA �� GL. Le t �� \ My Commission Expires Jan.31,2015 t r -. e-,-----�r�rrrff- _�• Notary Public Page 3 of 3 ZONING FILE NO. O9- 3435 EXHIBIT A RESOLUTION NO. ( 0 9 6 LEGAL DESCRIPTION: Par 1: Tract A, Registered Land Survey No. 1472, Hennepin County, Minnesota. Par 2: That part of the Southerly 15 feet of Lot 7, Tonkaview Gardens, Hennepin County, Minn., lying Westerly of the following described line: Commencing at the Southwesterly corner of said Lot 7;thence Easterly along the Southerly line of said Lot 7, a distance of 55 feet to the point of beginning of the line being described; thence deflecting left 104 degrees 54 minutes to the Northerly line of said Southerly 15 feet and there ending. • • STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 28, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 1st day of December , 2011. M yl 9 ' P. City Clerk (seal), y o ett •