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Home My WebLink About#1868 Recorded Resolution 33436361454 CITY of ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION AND A VARIAN CE TO SECTION 10.03, SUBDIVISION 9 (C-2) FILE NO. 1868 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") are the owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit A attached hereto (hereinafter "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit to allow the continued use of a detached guest house structure with caretaker apartment and a variance to Section 10.03, Subdivision 9 (C-2) as structure is approximately 5,478 s.f. in area where only a 3,000 s.f. oversized accessory structure would be allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1868. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 13. 8 acres. 3. The Orono Planning Commission reviewed the application on September 20, 1993 and recommended approval of the conditional use permit and variance as proposed based on the following hardships or unique findings: a. The property consists of 13.8 acres and can easily support a second residential unit. Page 1 of 5 'i) (" Foim5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ______ _ b. Structure does not meet the required side yard setback but the nature of the structure and the uniqueness of this property would suggest that even if subdivided in the future, it is unlikely that this structure would remain as a principal structure. c. The subject structure has existed for over fifty years. 4. The City Council finds that granting a conditional use permit to allow the continued use of the guest house 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 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 the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely served as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings .and recommendations of the Planning Commission, reports by City staff, comments by the applicants 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 above findings, the Orono City Council hereby grants a conditional use permit to allow the continued use of the guest house structure as it exists and to approve a variance to Section 10.03, Subdivision 9 (C-2) recognizing the guest house is approximately 2,478 s.f. in excess of the allowed area for an oversized accessory structure, subject to the following conditions: Page 2 of 5 fo,mSOOS Dlsk0,ono C (: N,..,....,, ........ t,...._,~'""-..,.'-'-__ ., __ ,--~~•••••---••• ~ .. -, . . . . '' . CITY of ORONO RESOLUTION OF THE CITY COUNCIL a ;; (.'.') NO. ' '~ P.) 1. Guest house structure and/ or caretaker apartment shall never be used for rental purposes but shall continue to serve the owners' employees and nonpaying guests. 2. Applicants are hereby advised that if portions of the guest house structure located within the substandard side yard setback are considered for structural improvement that these improvements will require City approval. 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 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 property .· Adopted by the Orono City Council on this 11th day of October, 1993. Page 3 of 5 form5005 OiskOrono CITY of ORONO RESOLUTION OF THE CITY COUNCIL < l NO. ----'--"· ~---'''"'=--·' __ _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of October, 1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the.~C~i:;:tY~·---------, LINDA S. VEE NOTARY PUBLI C • MINNESOTA . HENNEP IN CO UNTY My commiss ion expires B-12-96 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Notary Public · On this /ff--#1 day of f~ , 199 /, beforemeaNotaryPublic within and for said County, person~ly appeared "J, -;;;;::ll -~~ known to me to be the person(s) described in a , d ho ex c -ed the oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . JAMI E L. BOSMA NOTARY PUBLIC-MINN ESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss . On this ~ day of _~'-"'-'~~.3,,£..----=~~ blic within and for said County, personally appeared ~-~~r,r.c.~~.___:::::,,,.__,,,_"-1,,£411!!!14'/i~~-- known to me to be the person(s) described in and o executed the :D going instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. · Notary ~~£). ~a .,,iw) Page 4 of 5 form 5005 Disk Orono STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO . RESOLUTION OF THE CITY COUNCIL NO. S ;J 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 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 form 5005 Disk Orono ., CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.----~--- Exhibit A LEGAL DESCRiptIOU OE ERF.11ISES SURVEYEti: r Alao: thl'J.t :wu-t of L':Jte 9 Md 10, R~ar'rroisem~nt cf O~ono Point and• U1,::, a.o,:a·eti.._,,•1.1:1 th,,n:L1.r lYiul!! S.:i·u.thi!-'i:-ly 61',cl liMtfo11:' ly ,-.,£ tl-.rl. foll,,~ iM deecribed line: Comnv:ncing at e. Pf'Jint 'in the ci1t:nterliM of Center Aw.mu1: 588.95 fee:t nrJ'rtherlY from the Northweet1•rtlY r.:orner of ll:Jt fJ, Re~rrl!l.l'l.81'.iment of Orono Point; thence eouthe~ly along eaid c~ntt1.n:· lini':I li diatmc:e of 5 hat; thence erJuthweflterly on tJ. tF.1Mential ouNe to the riiht with~ radiue of 221.17 feet~ d1e- t~oe r;i lB9.38 :f:e~t; theri.rJe ar;uth\.lti!St~-rly t.sJ.nfi~tit tl'J th.id l~t, d~sr.:ribf'.ld r;urvh l'J. dietb.l'1c:e r;f 5 feet; thf:rnci:;: er;uthweetF;t l'Y cm /j, tMgenti1.1l CU'r'Vf'.: tCJ t;he riaht fJ. r•lj,rliw, of 4.41'). 72 fl'.ii<:t, l'J. rUeitanr.:r: rJt 119. 25 f~l')t; thenc~ eouthweett":rly t1.1n,gent tf.> s.,,_id lel.Bt rJ.~- ecribed Cll't'V~ a dietMce of 107. 3 feet; th1';inrJe w.-;et,.-;-r lY m.aking ti.:n Mglt"J of 44. dir;2·tt'J1'.is 42 TAinutes to the riaht. a rli1rt.hMe of 79. 3 feet tc thf:! ah.ore of we MinntiJtonkb. ,"J,tJ,cl, there tennin1.1ting; eub- jeol. tr; Boi'"der Avenu.-.: M OMMd by lx><;Ul!lf.mt rir;. 20921386: Aleo th~t part of v~e~ted Cante~ Av~nue a.e e~id Center AvenuF; ~,'_1,$ df!:ldit;;4itl!ld to the Wblic in tht'J plat t:Jf Re1;.rrl;l.l'lgett1ent of Or·ono Point I lYiM aouthl!lrlY r;f the w1.:1eterly·· t;xt,emlion of tht!I rto'C'therly line of trJt 4.. ee.id Re&.r-r-,mgement cif Orcno Poir1t F.1.nd nrJrth$'C'lY of ,;, line d:t.lJ.W'n ~(:,eteY'lY ~rp11m(lir.:ullj.'l' tr.i tM weet lint'.: r;f e1.1.id v;t 4 fr•mn l'J. p-;int or1 e,;.itl ~,;et line diet~t, 182. 29 ftE;t north,:;rlY trr;!1l the eour,hw~ei cr;'t'Mt· r;f er'iicl wt 4; f;j,lao 'tMt p1.1.r-t of thf:1 weeter ly hh.lf of vacl'J.tl';tl ~nter Avenu~ lying eouthe~ly of e~id abov~ d~- eoril',,.tJd ~~ndioular line; &.nd aleo trw.t ~t of the w~et~tlY 'w.i.lf of vMate<l Centt".:r Avenue lying mJ'rthf;1'tl'Y of th!'j ,.u::etedy ex- tel:'I.Sion r.>f the nor-th'!:'t'ly linll! of eaid Lr;t '4 Md lying Muth;.i'tlY of ~ line dx-~wn eMte~ly ~t right M.t!lea ~/'J th~ w~~t~rly ,lin~ of said Vhcated Cf.:nt~r-Av~nu~ f'N:Jm the :point of intere~ction oi eaid w~st- erly line with t1 line drB.wn 10 '!FJi:st e~sterly of the followiri.s clP.t- sc't'ib.ed line: C¢mUiencitl.9: at a wint in the oentl'.:rlifie of B~id ~n- ter Avf:1rw.e diBtant 588.$5. feE:t norther-lY froru the northwe1rte"!'lY comer of e~id Lot 5; thbnce eoutherly alon2 s~itl centerline a d1.&thnce of 5 feet to the point of ~ginning of tM line ~ing de- eoribed; then~-e eouthweeterly alorut a tangential curve to the rillht with a radiue ~f 221.17 feet a distanoe of 169.38 feeit, ~d S,!i,id liM th~J't•IJ 1!:l:'11'.lina:. ' ,. "' form 5005 Disk Orono Aleo CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.~~------ -. That part of vacated Bor-der-Avenue as laid out and dedicated over and acroes part of Lot 9 in eaid Rearrangem1:1nt of Or-ono Point which liee between the weeterly line of e~id C~nter Avenu~ e.nd ~ line drawn drawn a.croae eaid Border Avenue ~t r-ight o.nslee to the aide linee of eaid BoNier Avenue from the POint of intereection of the c•nt.l!;rlitio of $dd Border Avenue with ~ line deeorib-.,d (:i.0 fol ... ! lowe! geainnirut ~ta ~int in th~ oon~e~line ot o•i~ Cont-e~ AY~ · enue diet.ant 588.9~ feet northerly of tho Mr-thweet oor-Mr of eaid L¢t 5; thence eoutherly alona the oent'l'lrline of ~aid ~nter Aven1,\e ~ distance of 5 feet; thence eout,hitrlY and eouthweaterly alons a tansent:i.al curve to the right withe. radius of 221,17 feet"' die-I tance of 169.38 feet; thence eo~thweeterly tangent to laet eaid I curve a diets.:nce of 5 feet; thenee eouthwe8terly along a t~en- tial curve to the right with a radiue of 446.72 feet & distance of 119.25 feet; thence southweeterly t~ent to laet ea1d curve a di~tanoe of 107.30 feet; thence eouthwesterlY ~long a tangential curve to the left with a radiue of ~6 feet a d1etance of 19.7 fe~t; thence souther-ly tansent to la~t eaid curve~ Q1etanoe of e.e feet; thence eoutherly along a tangential curve to the left ~1th a radiw, of 169. 7 f$et a distance of 53. 9 feet; th~nce 80\\th- erly tangent to laat deeeribed curve~ distMce of 20.5 feet; thence eoutherly on a tangential curve to the left with a re.diua of 78.1 feet to its int.ereeotion with the Cf,J\terline of said Bor ... d~r-Avenue, and stdd line-ther~ ending. form 5005 Disk Orono ' . SJATE OF MINNESOTA ) ) COUNTY OF HENNEPIN )· ) CITY OF ORONO ) RESOLUTION # 3 3 4J: ii> I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin C o u n t y , M i n n e ·so t a , d o h e r e b y c e r t i f y t ha t I h a v e c om pa r e d t h e for e·g o in g copy of c:1 res o 1 u ti on of the City Co u n c i 1 of the City of Oro no with the original record of such res~lution in the Minutes of the proceedings of said City Council at ·a meeting of said City Council held on October 11 , 1993 and that the same is a true and correct copy of sai~ resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 14th , day of October , 19 93 ---- ... lin, City Clerk ...... ,,; t:.:; I r 9)) w )7h,rJb}1Xi] 6361454 4-,.,;rJ 11 C/.fJo:,,-1 (9,3?:/<I~{ &;P ~.:+.50 J./ No v_<j_i/_.fo.}{ Citd61454 DOC $16 . 00 ..... OFFICE uF C~l~iY RECORDER HEM,:::;;1N CGUNTr, M:M,ESOTA ct:;;T i1;:J mrn 1.i;o CR R~ca11.::rn ON 1994 HOY -4 n~ 10: 32 AS"iC:L!-:::,T r) 6361454 ")~ . : •"',,,...., t:_" o-.,., CO. RECORDER S V __ -~ / dp-:<1-:::: flC"f'IJT '( \ Fl :::.---:-: . ·:: 1s--,c ._. = .. ---'--=~- COP Y FEE / - ~c/-C/(