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HomeMy WebLinkAbout#3116 Recorded Resolution 5347111111111111 11111111 Doc No 4213662 01/17/2006 04 :30 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County , Minnesota Michael H. Cunniff, Registrar of Titles TranslD 181968 New cert Cert 461278 Deputy 33 Fees $1.50 AF $10 .50 STATEFEE $34 .00 TDOCFEE $0 .00 TSUR $2 .00 COPY $48 .00 Total CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. I®. 4 i' A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-565(3)(F) FILE NO. 05-3116 · WHEREAS, Minnetonka Power Squadron, a Minnesota non -profit corporation (hereinafter "the applicant") is the owner of the prope1iy located at 510 Big Island within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, Registered Land Survey No. 1294, Hem1epin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit amendment per Orono Municipal Zoning Code Section 78 - 565(3)(F) to allow constrnction of a toilet and shower building in excess of 120 s.f. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05 -3116 . 2. The property is located in the RS, Seasonal Recreational Zoning District which requires a conditional use permit for a Day Use Recreation Area. 3. The Plam1ing Commission reviewed this application at a public hearing held on June 20 , 2005 and recommended approval of the conditional use pe1mit for the toilet and shower building in excess of 120 s.f. based on the following findings: a. The prope1iy is located on Big Island and is 9 .3 acres in area. b . In November of 2004 , the City Septic inspector deten11ined that the cunent septic system was non-compliant and required replacement b y July 2005. Page 1 of 4 b-· '· ·· 1 U. •.J U•-1 I\ a .J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 3 4 :l c. The approximately 600 s.f. building is necessary to adequately serve the number of users and regular level of use of the Power Squadron activities. 4. The City Council has considered this application including the findings and recommendation of the Pla1ming 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use pennit for a new toilet and shower facility to be constructed for the Minnetonka Power Squadron, a day recreation area use allowed conditionally within the RS Seasonal Recreational Zoning District, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and aimotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the site plan which are not in confonnity with City codes will require further Planning Conunission and City Council review. 2. Removal of the existing toilet building is required and its removal shall be completed upon commencement of the use of the new toilet building. The existing non-compliant septic system shall be abandoned according to City Code. 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 the new construction within one year of the date of Council approval, or the conditional use pem1it amendment will expire on that date (July 11, 2006). 4. Violation of or non-compliance with any of the tem1s 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 tenns 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. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 0 34 7 Adopted by the Orono City Council on the 11 th day of July, 2005. ATTEST: ~1~ L;aS,fu, Ci Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Peterson, Mayor 'I/ ,;;; ,.__,-1 • The foregoing instrnment was acknowledged before me on this /!___ day of · ,t,/ , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Mim1esota muni · pal corporation and said instrument was exec;u ed on behalf of the City. /' '' -v.·· ' ./ L1 , ✓, 1 L --_;CJ(.•-L~,/,,--/,1-._ /~. (.,.// I Notary Publi/ J'' (/ ---1 Page 3 of 4 ST ATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5347 The foregoing instrument was acknowledged before me on this rr;;ay of /I..__,.__,,;/, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota ~ corporation and said instrument was executed on behalf of the City. RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public +< This instrument was ackno11ledged before me thi s// day of Av,v :r / , 2005 by Gregory E. Korstad, Presiden~Mim1etonka Power Squadron~ a Minne,sota non-profit corporation, on behalf of the Minnesota non-profit tion. Notary Public Page 4 of 4 s 90•00•00• E 14-4,62 \ \ -- pl ---/I\\' --u/ /Id/,,. __ CERTIFICATE OF SURVEY FOR THE " MINNETONKA POWER SQUADRON OF TRACT A, R. L. S. NO. 1294 HENNEPIN COUNTY, MINNESOTA 34 s eo·oooo· e 687 .e1 i i LEGAL DESCRIPTION OF PREMISES: Tract A, Reglotered Land Survey No. 1294, flies of the Reglotrar of Tltles, Hennepin County, Minnesota This suNey nhows the boundaries or the above described property, the location ot all existing buildings, and the proposed location of a propoued building thereon. lt does not purport to show any other Improvements or encroachments, o : Iron marker : Existing car.tour llne, mean sea level datum Bearings shown are based upon an assumed datum 0 50 iOO 200 I .!:'''. :I ~.,,,,e,;i ' . 5 -1 SCALE IN FEET NOTE: Topographic Information taken irorn Orono City map i GRONBERG & ASSOCIATES, INC. Civil Engineers, Land Surveyors, Land Planners 445 Ncrth Willow Drive, Long Lake, MN 55355 ' I ,:;a"'· o:-?!Sb 34 S 73040'00" E 3t \