HomeMy WebLinkAboutResolution 5410C]
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CITY of ORONO
RESOLUTION OF THE CITY. COUNCIL
NO. -.54 1 0
A RESOLUTION GRANTING VARIANCES
AND A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 78-418 (1)
FILE NO. 05-3139
WHEREAS, Hill School of Minnesota, Inc., a Minnesota non-profit
corporation (hereinafter "the applicant") is the owner of the property located at 2180
North Shore Drive within the City of Orono (hereinafter the "City") and legally described
as follows:
Lots 5 and that part of Lots 4 and 6, lying East of the West 69 feet thereof, Block
3, Markville, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicant has made application to the City of Orono for
side yard and side street yard setback variances and a conditional use permit per Orono
Municipal Zoning Code Section 78-418 (1) to permit construction of an addition to the
north of the existing building to be located less than 50' fiom the western side yard and
street yard of Briar Street when 50' is normally required.
NOW, THEREFORE DE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 05-3139.
2. The property is located in the RR — 1B, Zoning District which requires a
minimum lot area of 2.0 acres and a minimum lot width of 200'. The
property contains 0.58 acres of area and 106' of defined lot width.
3. The Planning Commission reviewed this application at a public hearing
held on November 21, 2005 and recommended approval of the variances
and conditional use permit based on the following findings:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 54 1 0
a. The proposed addition will not encroach any further into the western
side yard or the side street yard than what currently exists.
b. The use to the west contains the Minnetonka Arts Center, which is also
a conditionally permitted use rather than a residential use, alleviating
any negative impacts that may result with an adjacent residential use.
c. Briar Street to the direct east provides for a buffer from the
residentially used properties, which is the intent of requiring a 50'
setback from all residentially zoned property.
d. The addition will meet all other setback, structural coverage and
parking standards required within the Zoning Ordinance. The property
• is not located within the Shoreland Overlay District and is therefore
not subject to hardcover restrictions.
e. The proposed addition meets all criteria established under Section 78-
916 and will not be detrimental to the public health, safety or welfare
of the community.
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicant and the public, and the effect of the proposed
variances and conditional use permit on the health, safety and welfare of
the community. ,
5. The City Council finds that the conditions existing on this property are
peculiar to it and do not apply generally to other property in this zoning
district; that granting the variances and conditional use permit would not
adversely affect traffic conditions, light, air nor pose a fire hazard or other
danger to neighboring property; would not merely serve as a convenience
to the applicant, but is necessary to alleviate a demonstrable hardship or
difficulty; is necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of the Zoning
• Code and Comprehensive Plan of the City.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. .5410
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants side yard and side street yard setback variances and a conditional use permit per
Orono Municipal Zoning Code Section 78-418 (1) to permit construction of an addition
to the north of the existing building to be located less than 50' from the western side yard
and street yard of Briar Street when 50' is normally required, subject to the following
conditions:
1. Council approval is based on the site plan submitted by the applicant and
annotated by City staff, attached to this Resolution as Exhibit A. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. A staff issued permit must be obtained for utilization of a temporary trailer during
construction.
3. Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by obtaining a building permit for
new construction within one year of the date of Council approval, or the variances
and conditional use permit will expire on that date (December 12, 2006).
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 the applicant and the applicant's heirs, successors
and assigns, hereby agrees to the recording of this resolution in the chain of title
of the property.
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CITY of ORONO
RESOLUTION OF TI -Ig CITY OCOUNCIL
NO.
Adopted by the Orono City Council on the 12th day of December, 2005.
ATTEST:
Linda S. Vee, City Clerk
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
6, 4 "- - - 0- r_1 A
Barbara A. Peterson, Mayor
he foregoing instrument was acknowledged before me on this /•i day of
C� , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
JACOt I-LYN K O UNG
Notsr� a+t;- �rotasota
�n 31.2010
The foregoing instrument was acknowledged before me on this d day of
CJ?C�2005 by Linda S. Vee, City Clerk of the City of Orono, a Mim-lesota
municipal corporation and said instrument was executed on behalf of the City.
BARBARA NOTARY .. SILUS
• - •Public
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5410
Zoo to
This instrument was acknowledged before me this j( day of _,?A9-5
by Valerie Thies, the Director of Hill School of Minnesota, Inc., a Minnesota non-profit
corporation, on behalf of the non-profit corporation.
M
KINENNESOTAn. 31.2010
Notary Public
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