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Home My WebLink AboutResolution 4126 '�� - L i ' f � �,� � O� • O O ��e. � CITY of UR4N0 � ti '�' RESOLUTION OF THE CITY COUNCIL ��`q 4�'G �. � � � NO. ° " . � . kESH� . . . - - . . , A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR DUPLEX USE � PER MiTNICIPAL CODE SECTION 10.20 SUBDIVISION 3(n FILE NO.2340 � WHCREAS,Robert&Iris Waade (hereinafter "the applicants") are the owners of the property located at 3280/3290 North Shore Drive witlun the City of Orono (hereinafter the "City") and legally described as follows: - . Lot 2,Block 1, Maxwell Landing,Hennepin County,Minnesota (hereinafter the "properry"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use pernut per Section 10.20 Subdivision 3(I) to allow the use of a single lot for construction of a residential duplex structure containing two dwelling units. •� NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File#2340. • 2. The property is located in the LR-1C-1 Lakeshore Residential Zoning District. 3. The property is 0.50 acre in area and 170'in defined width along its easterly boundary abutting Outlot A(said boundary to he henceforth considered as the front lot line)and � therefore meets the 17,500 s.f. (0.40 acre) and 135' lot width standards for a duplex use within the Shoreland Overlay District;and meets the 0.50 acre and 100'lot width minimum standards for a duplex in the LR-1C zone. � . 4. The entire property is adjacent to and located within 200' of the B-2 Lakeshore Business District and has been provided with and assessed for municipal sanitary sewer,and therefore meets the standazds established for the"Duplex"conditional use in zoning code Section 10.20 Subdivision 3(I). • � Page 1 of 5 r ' � �4� , � O� • O O b. - C ITY of ORONO � F '� RESOLUTION OF THE CITY COUNCIL . �L`�kE Kog'�� No. 4 �. 2 6 `�� . � s . .. . . The Orono Planning Commission held a public hearing and reviewed this application on February 17, 1998 and again on Mazch 17, 1998 and May 18, 1998. Members of the public commented on the proposed duplex use during the public hearing process and their comments and a submitted petition opposing the duplex use are on � file. On May 18, 1998 Planning Commission voted 5-1 to recommend approval of the requested conditional use pernut for duplex use based upon the following . fmdings: a. The criteria established by ordinance for a duplex use are complied with. b. The property comprising the Maxwell Landing subdivision is of a size that would have allowed a 3 unit development density if developed as a PRD, hence the proposed single family use of Lot 1 and duplex use of Lot 2 are not � inconsistent with the development density that would have otherwise been allowed via a PRD which is allowed in the LR-1C-1 district. � �. c.� The east line of Lot 2 should be established as its front lot line. � � d. Lot 2 does not abut the lakeshore,does not qualify for lake access under City code standards, and should be prohibited by covenant from gaining lake access via easement over Lot 1. 6. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance and conditional use pernut on the health, safety and welfare of the community. ' 7. 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 a conditional use permit for the proposed duplex use would not adversely affect tr�c conditions, light, air nor pose a fire hazard or other danger to neighboring properties, nor would it depreciate surrounding property values; and that the . � . proposed level of use of the property would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • . Page 2 of 5 e� i r ' , � O� . , • O O ��6 - � C ITY of ORON� � � � � �� G'� RESOLUTION OF THE CITY COUNCIL � ��kESH�4� � : � . NO. � �.�� 6 - � � . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a conditional use permit for duplex use of Lot 2, Block 1, Maxwell Landing per Section 10.20 Subdivision 3(I) subject to the following conditions: 1. The proposed duplex structure shall meet all required setbacks,hazdcover standards and other requirements of the zoning code. No variances will be granted for said duplex structure. . 2. Both units of the duplex shall gain access to North Shore Drive via Outlot A, M�well Landing . 3. The east boundary of Lot 2 abutting Outlot A,Maxwell Landing shall be considered as the front lot line for zoning purposes. • 4. Applicant shall execute a covenant to be filed in the chain of title of Lots 1 and 2, Maxwell Landing,prohibiting the granting of lake acess via easement or other means over Lot 1 in favor of Lot 2. 5. 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 within one year of the date of Council approval, or this conditional use pernut will expire on that date (July 27, 1999). 6. 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. 7. The undersigned applicants 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 properry. • Page 3 of 5 . � °� � . � o 0 ��b. � � CITY o� ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��kE Hp4�G � . � NO. � �� .� 6�. � -� � . S . . Adopted by the Orono City Council on this 27th day of July, 1998. ATTEST: p �w�� // � `� � / L' da S. Vee, City Clerk Gabri Jabbour, Mayo J . . `� ;� . Property Owner(s) STATE OF MINNESOTA ) � � � . � ) ss. � � . . COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 27th day of July, 1998,by Gabriel Jabbour&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. �N�i> � t Q�.�Z/acJ , CAROLE A.HASEMP,N Notary Public' � � _ � N07AAYpUBUC-MINMESOiA � °��• HENNEPIN COUN �c� My Commission Expires J2nY31,2000 w � • � Page 4 of 5 , �. . , . . � O� . .. , � O O ��6. - CITY of ORONO � � . �� G'�' . . . RESOLUTION OF��E�T�Y COUNCIL. . . . �kESH�g' . � . � � �..NO. � �. . . .� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�n� day of .� ��r , 199�,before me a Notary Public withinand for said County,personally appeared r-+- ,a��c. ,d� '-Fe 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 HASEMAN e � � � ��'�r� ,o `• NOTARY PUBLIC-MINNESOTA Notary Public °.��i":',.' HENNEPIN COUNTY . �~��••'° My Cammission Fxpires Jan.31,2000 � - .:,� STATE OF MINNESOTA ) . . � �. . ss. � . � � . . •� �� COUNTY OF HENNEPIN ) � � � � � On this day of , 199 ,before me a Notary Public within and for said County,personally appeared 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. Notary Public � Page 5 of 5