HomeMy WebLinkAbout1998-01-26 Resolution 4023f
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -4 0 2 3
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3(G2)
FILE NO. 2318
WHEREAS, Jeanne Mithun (hereinafter the "applicant") is the owner of the
property located at 755 Femdale Road North within the City of Orono (hereinafter "City") and
legally described as:
Lot 3, Block 1, Lydiard Hills, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit
to permit the construction of a guest apartment in the lower level of the existing residence per
Municipal Zoning Code Section 10.20, Subdivision 3(G2).
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2318.
2. The property is located in the RR-1B Zoning District requiring two acres. The
property consists of 2.26 acres.
3. On January 20, 1998 the Orono Planning Commission reviewed the application
as proposed and recommended approval 'based on the following findings:
a. The primary entrance to the guest apartment will be via the exisitng door
and stairway in the garage. The residence was originally designed with
a stairway to the basement through the garage. No other access to the
basement from the main unit is available.
b. The exterior exit from the second unit is needed fog ;:mcrgency egress.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
4. The City Council finds that granting a conditional use permit to allow the
construction of a guest apartment in the lower level of the existing residence will
not be detrimental to the health, safety or general welfare of the public, would
not adversely affect light, air tior 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
by the applicant and the effect of the proposed conditional use permit 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 10.20, Subdivision 3(G2)
to permit the construction of a guest apartment in the lower level of the existing residence,
subject to the following conditions:
1. The owner shall sign the restrictive covenant (Exhibit A) to prevent rental use
of the guest apartment.
2. The construction driveway !eading to the exterior door to the guest apartment
must be removed upon completion of construction.
3. Authorities granted by this resolution run with the property not w►th the owner
but are permissive only and must be exercised within one year of the date of
Council approval or the special conditions of this resolution will expire on that
date (January 26, 1999).
4. 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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O O
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 4 Ro,��
5. The undersigned applicant has read, understood 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.
Adopted by the Orono City Council on this 26th day of January, 1998.
ATTEST:
Linda S. Vee, City Clerk Gabriel Jabbour, Mayor
Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
January, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
CCAR6LE y
A HASEMAN
< (/ • CL�� __� i�I �c L�
•
NOTARY PUBLIC-MINNESOTA
Notary Public
hiNNEPIN COUNTY
My Commission Expires Jan. 31. InGO
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN
On this -�n d day of F,,h , 199 F before me a Notary Public within and
for said county, personally appeared T, , ,ll,tti� I n,h.:,,r, r, I
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.
- CAROLE A. HASEb!?.�
NOTARY PUSUC•MININ%41S
OUNTY
My Commission E><DHENNEPIN Crcs J0 3t, 2�00
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of__
for said county, personally appeared
known to me to be the person(s) described in and who executed the foregoing
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
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NOTARY PUBLIC
199_ before me a Notary Public within and
instrument, and
KNOW ALL MEN BY THESE PRESENTS that Jeanne Mithun, owner, does hereby
expressly covenant and agree to not use the guest apartment on the real property in Hennepin
County, Minnesota, legally described as Lot 3, Block 1, Lydiard Hills, Hennepin County, Minnesota
attached hereto and made part hereof, as a rental !mit.
This restrictive covenant shall run with the land, shall be binding upon Owners, their
respective heirs, successors and assigns and may be terminated only upon written agreement of the
City of Orono.
IN WITNESS THEREOF, Owner has hereunto set their hands this '/94 day of
, 1998.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this `144 day of �icca:c , 1998
bye,.
11
��tary Public
PLEASE RETURN THIS DOCUMENT TO:
City of Orono, Building and Zoning Department
2750 Kelly Parkway, P.O. Box 66
Crystal Bay, MN 55323
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