HomeMy WebLinkAboutResolution 5017 ,�
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��� �G~' RESOLUTION OF THE,CITY COUNCIL
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE .
SECTION 10.03, SUBDIVISION 10
FILE NO. 03-2921
WHEREAS, Edward H. Hamm*, Trustee, (hereinafter "the applicant") is
the owner of the property located at 485 Orono Orchard Road South within the City of -
• Orono (hereinafter the"City") and legally described as follows: �
See Exhibit B � �
(hereinafter the"property"); and
WHEREAS,the applicant has made application to the City of Orono for a
• conditional use permit per Orono Municipal Zoning Code Section 10.03, Subdivision 10
to allow the installation of an entrance gate at the rear entrance to the property which is
considered a"through lot"by City Ordinance. � �
NOW, T�I�REFORE BE IT RESOLVED by the' City Council of
Orono, Minnesota:
FINDINGS
1. � This application was reviewed as Zoning File#03-2921. • .
2. The property is located in the RR-1B One Family Rural Residential
District, which requires a minimum lot area of 2 acres an� a rninimum lot �
width of 200". The lot conforms to width and area requirements.
*as Trustee under the Trust of Edward H. Hamm originally established on August
14, 1992, as subsequently amended and restated in its entirety by Amendment and
Restatement of Trusi of Edward H. Hamm dated October 10, 1995, and as further
amended and restated by Amendment and Restatement of Trust of Edward H. � � �
Hamm dated February 26, 1999.
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. ��� �G�' RESOLUTION OF THE CITY COUNCIL
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3. The Planning Commission reviewed this application at a public hearing
held on July 21, 2003 and recommended approval of the conditional use
pernut based on the following findings:
a. The property has frontages in the front and rear of the property making
it a through lot.
b. The entrance gate is considered an accessory structure, and
c. The location of the proposed entrance gate will be setback so as to �
� meet the 50' rear yard setback required. �
4. The City Council has considered this applicatiori 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
variance 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 variance 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.
CONCLUSIONS, ORDER AND CONDITIONS �
Based upon one or more of the above findings,the Orono City Council hereby
grants a conditional use permit to Orono Municipal Zoning Code Section 10.03,
Subdivision 10 to allow the installation of an entrance gate, 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 or the
scope of this approval will require further Planning Commission and City Council
review. '•
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��� �G~' RESOLUTION OF THE CITY COUNCIL
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2. 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
the new construction within one year of the date of Council approval, or the
conditional use pernut will expire on that date (Jul,y 28,2004). .
3. 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.
4. 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. �
Adopted by the Orono City Council on the 28�'day of July, 2003.
. ATTEST:
�d. (/ � ; _._.. .
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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Property Owner(s)
*as Trustee under the Trust of Edward H. Hamm originally established on August
14, 1992, as subsequently amended and restated in its entirety by Amendment and
Restatement of Trust of Edward H. Ha�nm dated October 10, 1995, and as further
amended and restated by Amendment and Restatement of Trust of Edward H.
Hanun dated February 26, 1999.
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• �� � � CITY of ORONO
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this -ze day of,
, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
� munici al corporation and said instrument was executed on behalf of the City.
� �
KRiSTI B.ANDERS9N Notar Public -
(�F�fARy pl�LtC-MINNES�TA
� p�y Cort►mi�sion Expires Jan.31,2007
• STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this (J°u`day of
, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
m 'cipal corporation and said instrument was executed on behalf of the City.
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• � � CITY of ORONO
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��� �G�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA �
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this j1� day of ��-{-o(��,
2003 by Edwaxd H. Hamm, as Trustee under the Trust of Edward H. Hamm originally
established on August 14, 1992.
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�Y t �%; RACHEL ppp�E �, Notary Public
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���::_:�,-�<-,�.�p ����Plr�es Jan.31,200; �
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� 1. That part of the Southwest Quarter,which lies North of the South Iine of the Northwest Quarter of the
.Southwest Quarter, of Section 2, Township 117 North,Range 23 West of the Fifth Principal Meridian described
•as follows: .•
Beginning at the northeast corner of the Southwest Quarter of the Southwest Quarter of
� said Section 2; thence South along the East line o£said Southwest Quarter of the Southwest
. " Quarter a distance of 434.3 feet to a point�designated and hereinafter referred to as "Point A";
thence northwesterly deflecting 101 degrees 43 minutes to the riaht from last described course a
distance of 182 feet; thence northwesterly on a tangential curve to the right with a radius of
4,687.5 feet a distance of 60 feet; thence northwester ly on a tarigential curve to �he right with a
radius of 222.45 feet a distance o£200 feet; thence northerly on�a tangential curve to the right
with a radius of 237.56 feet a distance of 175 feet; thence northerly on a tangential curve to the
rijht with a radius of 527.42 feet a distance of SO feet; thence northeasterly on a line tangent to
last described curve a distance of 62.55 feet to a point in the South line of the Northwest Quarter
of the South�vest Quarter of said Section 2 distant 360�feet West of the point of beginning;
thence continuing northeasterly on an extension oflast described course a distance of 48.55 feet;
thence northerIy on a tangential curve to the left with a radius of 18I.4 feet a distance of 100
feet; thence northwesYerly on a tangential curve to the left with a radius of 283.7 feet a distance
of 125 feet; thence northwesterly on a line tanoent to last described curve a distance of 267.4
f�e:; �::�nce northwesterly deflectin� 2 degrees 23 minutes to the left from the last described
course a distance of 169.3 feet; thence northwesterly and westerly�.on a tangential curve to the .
left tivith a radius of 61.13 feet a distance of 64.62 (43.01 measured)feet, more or less, to a point
desi jnated and hereinafter referred to as"Point B", said point bein� in the West line of the East �
. Half of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of highway
• upon easterly side thereof, said East Half being ascertained after taking from the Northwest
. Quarter of the Southwest Quarter of said section said highway upon easterly side; and which
"Point B" is 636.66 (625.61 measured) feet North of the southwest corner of said East Half so
ascertained; thence North atong the West line of said East Half so ascertained a distance of
679.85 feet to the northwest corner thereof; thence East alonD the North line of the �outhwest
Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest
Quarter of said Section; thence South along the East line of the Northwest Quarter of the
Southwest Quarter of said Section to the point of beginning. �
Subject to and together tivith an easement for right of�vay for driveway purposes over a
strp of 1ar�d alon� the southerly and westerly boundary iines of the prenuses above described
- and extending from above desijnated "Point A" along said boundary line.to above designated
� "Point B", said strip of land beino 16 feet in width, 8 feet on each side of the line formin� the .
southerly and tivesterly boundary of the premises hereinabove first described. �
Also subject to public easement in existing hijhways. .
2. Also that part of the Southwest Quarter of said Section 2, Township 117, Range 23, described as
foliows:
BeginninQ at the northeast corner of the tiVest Half of the Northwest Quarter of the
Southwest Quarter of said Section 2 exclusive of the hijhway upon easterly side thereof, said
• ti�Test Half bein� ascertained after taking from Northwest Quarter of the Southw�st Quarter of
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� . '. � sa.id Section 2 said highway upon easterly side; thence South along the East�line of said West
. Half so ascertained a distance of 679.85 feet,mbre or less,to a point distant 636.66 feet North of
� � the southeast corner of�said West �alf; thence'deflecting right at an angle of 83 degrees 53 �
minutes on a line bearing South 83 degrees 53 minutes West a distance of 33.68 feet; thence
• South 82 degrees 41 minutes West a distance of 66.32 feet; thence ndrthwesterly in a straight
line 710.6 (721.11 measured) feet, more or less, to a point in the North 2ine of the Southwest
� Quarter of said Section 2 ctistant 237 feet West of the point of beginning; thence East along said
� North line 237 feet of the point of beginnin�. � .
� Subject to an easement for right of way for driveway purposes over the southerly 16.5
feet of said last described tract. And together with an easement for like purposes over a strip of
land 16.5 feet in width lying southeriy of and immediately adjacent to the southerly line of the
premises hereinabove last described, and between the southerly extensions of the easterly line
and westerly line of said premises last described.
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