Loading...
HomeMy WebLinkAboutResolution 4856 . .- � O� 1. J � i p ,_ o g � CITY of ORONO � .�.� . � bri... � . "�"� ' ' Gti RESOLUTION OF THE CITY COUNCIL L�kESI3�4� NO. � � e� � A RESOLUTION GRANTING - A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A), FILE NO. 02-2816 WHEREAS, Michael Kuruvilla of Orono Montessori School, (hereinafter "the applicant")has applied to the city for a day care at the property owned by Otten Management located at 3800 Wayzata Boulevard within the City of Orono(hereinafter"the City")and legally described as follows: Those parts of Lots 11, 12, and 13, "Minnetonka Garden Acres", according to the recorded plat thereof,lying southerly of the centerline of Hennepin County State Aid Highway No. 6 Plat 5,as delineated in Book 70,Page 3844152 of Hennepin County Records. Also the north '/2 of adjoining old County Road No. 6 now vacated, � Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a day care center for 60 children, ages 16 months to 6 years per Municipal Zoning Code Section 10.28, Subdivision 3 (A). 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 19,2002,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS l. This application was reviewed as Zoning File#02-2816. 2. The property is located in the RR-1 B Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 1.64 acres. � 3. The Orono Planning Commission reviewed this application on August 19, 2002 1 of 4 { : . iJ • � O� t . O � O '�� CITY of ORONO � . a - � ,:,f � ti �'� G'�' RESOLUTION OF THE CITY COUNCIL �`�kES8�4� N 0. � � 05 � ' and recommended approval of the proposed conditional use permit by a 5 to 0 vote. 4. The City Council finds that granting a conditional use permit to pernut a day care center for 60 children,ages 16 months to 6 years 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 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 City Staff,comments of the applicant and the effect of the proposed variances 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 10.28,Subdivision 3 (A)to permit a day care center to serve 60 children, subject to the following conditions: 1. This facility shall have a maximum capacity of 60 children. . 2. The facility shall obtain a child care facility license from the Department of Human Services. 3. The hours of operation shall be between 7:00 a.m. and 6:00 p.m.,Monday through Friday: . 4. Authorities granted by this variance run with the property not with the applicant,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (August 26, 2003). . 5. 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. � 2 of 4 " � . _ � � �~� �j O� � 7� ; • O �. O t - � r � � CITY of ORONO ,� .,., . � , , � �� � p'�' RESOLUTION OF THE CITY COUNCIL , t�kESII04� NO. � � � � . 6. The undersigned applicant and authorized agent of Orono Montessori School and owner of the property have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. � Adopted by the City Council of the City or Orono,Mi.nnesota at a regular meeting held on the 26th day ofAugust, 2002. ATTEST: A, U�;e� � Linda S.Vee, City Clerk Barbara A. Peterson,Mayor ' • ' App 'c t s) �� ro�p �. wner(s) � i��"l STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of August,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � KRISTI B.ANDERSON �pTARy pUgUC•MINI�SOTA t � . � � �t'���,�' �j-�J�-„G�.°o� � i 3 of 4 T _ , .. . . .. ' ' O � � • O �. O - , r CITY of ORONO � -�.�. � , ti �� G�' RESOLUTION OF THE CITY COUNCIL �`�kEsKOg'� rvo. 4 8 5 � . STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ����` day of�,y�� 2002 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. __ y�a�..-,e-.�--Q .�oo�f'�- ��w ,y RACHEL�QDGE NOtary Pub1iC ' •~`y�;,� NOTARY PUBUC-Mh'�N�"OTA � � My Gammfssion Expires Jan.31,20Q5 STATE OF MINNESOTA COUNTY OF HENNEPIN On this 2 6��day of .Sa� em��;2002, ������� �� �-{�►-,, personally appeared � before me, . /�a�"��� O-{�}'e,,, /Vlana9�e�reh�- S ✓ who is personally known to me " � whose identity I proved on the basis of whose identity I proved on the oath/affirmation of � , a credible witness and who executed the foregoing instnunent,and aclrnowledged that he/she/they executed the same as his/her/their free act and deed. �' � �4� (/.�i , LINDA S.VEE Notary Public NOTqR1f pUBLfC-MINNESOTA �:;n...:; My C0111MsS�011 Explres J3�I.31�2005 STATE OF MINNESOTA COUNTY OF HENNEPIN On this�G day of c6yu� , 2002, /UiChG.�' �u.�u.v+'��a. personally appeared before me, , � who is personally known to me � _�whose identity I proved on the basis of !Vl N �L whose identity I proved on the oath/affirmation of ,a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as • hislher/their free act and deed. SDENISE M.LESKINEN ' �,- � N����'���� Not Public p8y Corror�ssion Expi�e.s Jan.31,2005 �Y _ ' . `r:, � .. . . _ � � _ • � . „_ s 4 of4 . .