HomeMy WebLinkAboutResolution 4972 � °�
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a a CITY of ORONO
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��L �G�' �� RESOLUTION O�_THE C�ITY�COUNCIL
`9k'Esl3og' NO. ' �` � F� '°'
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE �
SECTION 10.20, SUBDIVISION 3 (G)
FILE#2506
WHEREAS, Edward H. Hamm*, (hereinafter "the applicant") is owner of the
property located at 485 Orono Orchard Road South within the City of Orono(hereinafter"City")and
legally described as:
Exhibit A attached,Hennepin County,Minnesota(hereinafter"property"); and
WHEREAS, after due published notice and mailed notice in accordance with
� Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 16, 1999, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS,the applicants have applied to the City for a conditional use permit to
Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house; and
WHEREAS,the City Council of the City of Orono previously adopted a Resolution
granting a Conditional Use Permit for Property at 485 Orono Orchard Road South on August 23,
1999 as Resolution No. 4335, the original of which Resolution was given to the applicant for
execution and either lost or destroyed;and the City Council and applicant wish to reconfirm the prior
City Council Resolution.
*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. 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.
• Page 1 of 6
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��� � �G~' RESOLUTION OF THE CITY COUNCIL
�kES80g' " NO. � � � �
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2506.
2. The property is located in the RR-1B Zoning District,where 2 acres or 87,120 s.f.is
the minimum lot area. The property consists of 18 acres.
3. The Planning Commission reviewed this application on August 16, 1999 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. Guest houses are considered dwelling units and are required to meet the
• allowed density for the zoning district. The applicant has requested
continued use of two guest houses in the 2 acre zoning district. Property
would have 3 dwelling units on 18 acres.
B. On April 12, 1999 the Orono City Council approved a request by Mr.Hamm
to allow the property to be served by sanitary sewer. A condition of approval
is the property owner shall file an application for a conditional use permit to
allow continued use of two guest houses on the property.
C.. Guest houses meet all required principal building setbacks.
D. Property owner agrees to file a restrictive covenant on the title stating this
property shall not be allowed more than three dwelling units. .
5. The City Council finds that granting a conditional use permit to allow continued use
of two guest houses will 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 its use depreciate surrounding property values and
that the proposed level of use of the property will be in keeping with the intent and
obj ectives of the Zoning Code and Comprehensive Plan of the City.
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��L �G�' RESOLUTION OF THE CITY�COUNCIL
`�kEsKO4 rvo. � 9 � �
6. The City Council has �considered this application including the findings and
recommendations of the Planning Commission,reports by staff and comments of the
applicant 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 findings noted above,the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to
permit continued use of two guest houses, subject to the following conditions:
1. Property owner files the Declaration of Subdivision Covenants on the title stating the
property shall not develop to more the three units.
2. Authorities granted by this resolution 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 (August 23, 2000).
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, understands and hereby agrees to the terms of
tl�is resolution and on behalf of himself, his heirs, successors and assigns, hereby
agrees to the recording of this resolution in the chain of title of the property.
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RESOLUTION OF THE CITY COUNCIL
��`�kESH.Og'�G NO. � 9 `�t� �
Adopted by the Orono City Council on this /z� day of /��, 20 a� .
ATTEST: .
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Lin a S. Vee, City Clerk Barbara A. Peterson,.Mayor
��c,(�JZ.. - •
Property Owner Edward H. Hamm,Trustee*
STATE OF MINNESOTA ) ;
• ) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this fL� day of
Oron�a , 20�3, Barbara A. Peterson and Linda S. Vee, Mayor & City Clerk of the City of
nnesota municipal corporation and said instrument was executed on behalf of the City.
� r.�.a�.¢. �i ' ��..�.,,,� "
. � Notary Public
STATE OF MINNESOTA ) ALiSSA A.WINTERNHEIMER
NOTARY PUBLfC-MINNESOTA
� SS. My Commissi�n ExN,��s J�n.31,Z006
COUNTY OF HENNEPIN ) . � .�,;;,�,_�,,,�,,�:�,� .
1
On this Z�day of Vu°u-� 20�3,before me a Not Pub ic within and�or said Coun mN D�
personally appeared Edward H. Hamm, Trustee*, `""�e' '�� le�se-ger o� °n'��r �an�s�
who executed the foregoin instrument and acknowledged the he executed the same as his free act
and deed. RpCHEL DODGE
.�,�'°�!` �-��,�e.� /�p�-�--
';��"_�>�: NOTARYPUBLIC-MINNE."•OTA
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�':���;. My Canmission Explres Jan.31,2005 NoTf�RY Pl1 BL t C
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*as T• ��r' '` war�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. 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.
Page 4 of 6
� � EXHIBIT A � 9 � �
1. That part of the Southwest Quarter,which lies North of the South line 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 of said Southwest Quarter of the Southwest
Quaiter 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 right 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 northwesterly on a tangential curve to the right with a
radius of 222.45 feet a distance of 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
right with a radius of 527.42 feet a distance of 50 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 Southwest 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 northerly on a tangential curve to the left with a radius of 181.4 feet a distance of 100
feet; thence northwesterly on a tangential curve to the.left with a radius of 283.7 feet a distance
of 125 feet; thence northwesterly on a line tangent to last described curve a distance of 267.4
feet; thence northwesterly deflecting 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 with a radius of 61.13 feet a distance of 64.62 (43.01 measured) feet, more or less, to a point
designated and hereinafter referred to as"Point B", said point being 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 along the West line of said East Half so ascertained a distance of
679.85 feet to the northwest cornei thereof; thence East along the North line of the Southwest
Qnarter 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 with an easement for right of way for driveway purposes over a
strp of Iand along the southerly and westerly� boundary iines of the premises abov� described
� and extending from above designated "Point A" along said boundary line to above designated
"Point B", said strip of land being 16 feet in width, 8 feet on each side of the line forming the
southerly and westerly boundary of the premises hereinabove first described.
Also subject to public easement in e�sting highways.
2. Also that part of the Southwest Quarter of said Section 2, Township 117, Range 23, described as
follows:
Beginning at the northeast corner of the West Half of the Northwest Quarter of the
Southwest Quarter of said Section 2 exclusive of the highway upon easterly side thereof, said
• West Half being ascertained after taking from Northwest Quarter of the Southwest Quarter of
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� ' � said 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, more or less, to a point distant 636.66 feet North of
� the southeast corner of said West Half; 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 northwesterly in a straight
line 710.6 (721.11 measured) feet, more or less, to a point in the North line of the Southwest
� Quarter of said Section 2 ilistant 237 feet West of the point of beginning; thence East along said
North line 237 feet of the point of beginning. .
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 southerly 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.
#405833v3:LBG:04/03/2000 ,
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. ��� � �G�' ' RESOWTION OF THE CITY COUNCIL
`9kESI304� . NO. � � � �
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZOlvING CODE �
SECTION 10.20, SUBDIVISION 3 (G)
FILE #2506
WHEREAS, Edward H. Hamm*, (hereinafter "the applicant") is owner of the
property located at 485 Orono Orchard Road South within the City of Orono(hereinafter"City")and
legally described as:
Exhibit A attached, Hennepin County,Minnesota(hereinafter"property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning �
! Commission held a public hearing on August 16, 1999, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS,the applicants have applied to the City for a conditional use permit to
Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house; and
WHEREAS,the City Council of the City of Orono previously adopted a Resolution
granting a Conditional Use Permit for Property at 485 Orono Orchard Road South on August 23,
1999 as Resolution No. 4335, the original of which Resolution was given to the applicant for
execution and either lost or destroyed;and the City Council and applicant wish to reconfirm the prior
City Council Resolution.
*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. 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.
� Page 1 of 6
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i �� � � CITY of URON4
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��L �G~' RESOLUTION OF THE CITY COUNCIL
`9 p4�' NO. � � �d �
kESII .
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2506.
, 2. The property is located in the RR-1B Zoning District,where 2 acres or 87,120 s.f.is
the minimum lot area. The property consists of 18 acres.
3. The Planning Commission reviewed this application on August 16, 1999 and
recommended approval on a vote of 5 to 0.
4. The Planning Commission made the following findings of fact:
A. Guest houses are considered dwelling units and are required to meet the
� allowed density for the zoning district. The applicant has requested
continued use of rivo guest houses in the 2 acre zoning district. Property
would have 3 dwelling units on 18 acres.
B. On April 12, 1999 the Orono City Council approved a request by Mr.Hamm
to allow the property to be served by sanitary sewer. A condition of approval
is the property owner shall file an application for a conditional use permit to
allow continued use of two guest houses on the property.
C.. Guest houses meet all required principal building setbacks.
D. Property owner agrees to file a restrictive covenant on the title stating this
property shall not be allowed more than three dwelling units.
5. The City Council finds that granting a conditional iise permit to allow continued use
of two guest houses will 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 neighborin�properties,nor will its use 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.
� Page 2 of 6
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESI30g'� NO. � 9 � � .
6. The City Council has �considered this application including the findings and
recommendations of the Planning Commission,reports by staff and comments of the
applicant 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 findings noted above,the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to
permit continued use of two guest houses, subject to the following conditions:
1. Property owner files the Declaration of Subdivision Covenants on the title stating the
property shall not develop to more the three units.
� 2. Authorities �anted by this resolution 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(August 23, 2000).
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,understands and hereby agrees to the terms of
this resolution and on behalf of himself, his heirs, successors and assigns, hereby
agrees to the recording of this resolution in the chain of title of the property.
• Page 3 of 6
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��� �G~' RESOLUTION OF THE CITY COUNCIL
. �kESH.Og' � NO. �er��—
Adopted by the Orono City Council on this �Z�' day of�, 20 b 3. �
ATTEST: .
i.��zn.�v d- ��. c..-_
Lincla S. Vee, City Clerk Barbara A.Peterson,Mayor
C� ,
�� .
Property Owner Edward H. Hamm, Trustee* � �--------- � -
STATE OF MINNESOTA ) �
• ) ss. ,
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this �;c�- day of
� , 20�3, Barbara A. Peterson and Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City.
�1�I� i s t�Le�l 0 A ww N 0. w�til��J1
`
. Nota
� ALISSA A.WINTERNHEIMER
STATE OF MINNESOTA � . NOTARYPUBLIC-MINNESOTA
� SS. My Commission ExFires Jan.31,2006
COUNTY OF HENNEPIN )
On this 2�day of In'�-� 20 �3 before me a Not Public w and for s id un
ersonall a eared Edward H. Hamm Trustee*� ``'�� �`����+�1 ��'�'Q�`�cr�,���.-�- � ts °f`Y'r'
P Y PP � ,
, , �., �., ���.,r.,.��-��o��..�an o�.
who executed the fore o' wledged the he executed the same as his free act
and deed. �,;;;��:, RqCHEL DOOGE ����Q (Jp��,,
��ti �s
'''�:�� NOTARYPUBLIC-MINNE^OTA
`�`�"::''„ Commission Expires Jan.31�2005 �OTWN��! PLl6 U C
�� � L� �
*as Trus ee un erjt e rust of Edward H.Hamm originally established on August 1�4, 1992,
• as subsequently amended and restated in its entirety by Amendment and Restatement of Trust
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.
Page4of6
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` � EI�IT A � � � �
1. That part of the Southwest Quarter,which lies North of the South line 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 of 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 right 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 northwesterly on a tangential curve to the right with a
radius of 222.45 feet a distance of 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
right with a radius of 527.42 feet a distance of 50 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 Southwest 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 northerly on a tangential curve to the left with a radius of 181.4 feet a distance of 100
feet; thence northwesterly on a tangential curve to the left with a radius of 283.7 feet a distance
of 125 feet; thence northwesterly on a line tangent to last described curve a distance of 267.4
feet; thence northwesterly deflecting 2 degrees 23 minutes to the left from the last described
course a distance of 169.3 feet; #hence northwesterly and westerly on a tangential curve to the
left with a radius of 61.13 feet a distance of 64.62 (43.01 measured) feet, more or less, to a point
designated and hereinafter referred to as "Point B", said point being 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 along the West line of said East Half so ascertained a distance of
679.85 feet to the northwest cornei thereof; thence East along the North line of the Southwest
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
Southrvest Quarter of said Section to the point of beginning. .
Subject to and together with an easement for right of way for driveway purposes over a
strip of Iand al�ng the southerly and westerly boundary iines of the premises abave described
� and extending from above designated "Point A" along said boundary line to above designated
"Point B", said strip of land being 16 feet in width, 8 feet on each side of the line forming the
southerly and westerly boundary of the premises hereinabove first described.
Also subject to public easement in e�sting highways.
2. Also that part of the Southwest Quarter of said Section 2, Township 117, Range 23, described as
follows:
Beginning at the northeast corner of the West Half of the Northwest Quarter of the
Southwest Quarter of said Section 2 exclusive of the highway upon easterly side thereof, said
� West Half being ascertained after taking from Northwest Quarter of the Southwest Quarter of
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. ..�.. . A � �� � .
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� ' � said 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,more or less, to a point distant 636.66 feet North of
the southeast corner of said West Half; 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 northwesterly in a straight
line 710.6 (721.11 measured) feet, more or less, to a point in the North line of the Southwest
� Quarter of said Section 2 distant 237 feet West of the point of beginning; thence East along said
North line 237 feet of the point of beginning. .
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 southerly of and immediately adjacent to the southerly line of the
premises hereinabove last described, and between the southerly e}rtensions of the easterly line
and westerly line of said premises last described.
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