HomeMy WebLinkAbout1992-04-27 Resolution 31120 0
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C ITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3112
A RESOLUTION GRANTING
A CONDTIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 3 (A)
FILE #1725
WHEREAS, Davis D. Fansler and Barbara H. Fansler
(hereinafter "the applicants") are the owners of property at 4180
Bayside Road located within the City of Orono (hereinafter "City") and
legally described as follows:
The West 23 acres of that part of the Southeast Quarter of the
Southeast Quarter of Section 31, Township 118 North, Range 23
West of the 5th Principal Meridian, lying South of the southerly
right-of-way line of the Luce Line Trail.
(hereinafter "property"); and
WHEREAS, the applicants have applied to the City of Orono
for a Conditional Use Permit to permit a guest apartment within a
residence currently under construction per Municipal Zoning Code
Section 10.27, Subdivision 3 (A).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. The application was reviewed as Zoning File #1725.
2. The property is located in the RR-lA, Rural Residential
Zoning District requiring 5 acres in area. The subject
property consists of 7 plus dry buildable acres and 12 plus
acres of wetland.
3. On April 20, 1992, the Orono Planning Commission reviewed
the application as proposed and recommended approval based
on the following findings:
a) Principal access to the apartment area is via the
principal structure.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
\9kE3I3�4�G NO. 3112
b) There is adequate area on the 7 plus acre dry buildable
site to provide additional parking needs for guest
apartment use.
c) The septic design for the current residence under
construction will have an adequate septic treatment
facility for the five bedroom home.
4. The City Council finds that granting a conditional use
permit to the applicants for the construction of a
guest/mother-in-law apartment within a new residence would
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 it 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 staff and comments of the applicants and the
affect of the proposed use 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 grants a Conditional Use Permit per Municipal Zoning
Code Section 10.27, Subdivisions 3 (A) to permit a guest apartment use
within the residence located at 4180 Bayside Road, subject to the
following conditions:
1. The proposed guest/mother-in-law apartment shall never be
used for rental purposes.
2. 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3112
3. The undersigned owners have read, understood and hereby
agree to the terms of this resolution and on behalf of
themselves, their heir:-, successors and assigns, hereby
agree to the recording of this resolution in the chain of
title of the property.
Adopted by the Orono City Council on this 27th day of April,
1992.
ATTEST:
06fothy allin,"City Clerk
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument
27th day of April, 1992, by Barbara
Mayor and City Clerk of the City
corporation and said instrument was
A
w co =V=
Barbara A. Peterson, Mayor
was acknowledged before me on this
A. Peterson and Dorothy M. Hallin,
of Orono, a Minnesota municipal
executed on behalf of the City.
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CITYot +flRONO
RESOLUTION OF THE CITY COUNCIL
NO. 3112
STATE OF MINNESOTA )
ss.
r9UNTY OF HENNEPIN )
ti
On this 12 i day of j -4r- r' 199
before me a Notary Public within and fc5r said county, personally
appeared L>.av's D Fans ler,husbend e'fgarb4,A-H• Fan Sher known to me to be
the 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.
--- Fe 0000 ------- I
LINDA S. VEE
NOTARY PUBUO - MINNESOTA
HENNEPIN COUNTY
My commission wWW 8.12-0
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
/ 199 before me
On this .3 � day of �Ji'� •�i
a Notary Public within and for said County, personally appeared
Xiarba.Yi. N• rnnsle,•, u,--';z c-� D--,5 b co 3ler- known to me to be the
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.
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA TOTAR1 PUBLIC
0 --- 0 �W. - -- I
HENNEPIN COUNTY
My oommhslon sapim 8-12- 0
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