HomeMy WebLinkAbout#1866 Recorded Resolution 33416361456
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
("" F· .,
NO. iii ~-<i 1 ,:: .
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 4
FILE NO. 1866
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 caretaker apartment located in the second
floor level of the existing principal residence.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1866.
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 app iication on September 20, 1993
and recommended approval of the conditional use permit based on the following
findings:
a. Area of the caretaker apartment formerly served as a dormitory area for
employees of the former owner.
b. Interior access is provided via the principal structure with a secondary
access via a stair from lower level garage.
HENNEPIN COUNTY TAXPAYER SERVICES
Page 1 of 5 NOV 4 1994
~INN
BY\ V . 7J~ ___ [)EPUTY
Form 5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ______ _
c. There is adequate area on the 13.8 acre site to address any parking needs.
d. Applicants provided a letter to the City agreeing to install a new septic
system prior to the City's issuance of a certificate of occupancy for the
principal structure currently under major reconstruction and restoration.
e. The apartment will not have separate utilities metered from the principal
residence and shall not be assigned a separate address.
f. The proposed location of the caretaker apartment and the proposed
conditions under which it shall be operated or maintained will not be
considered detrimental to the public health, safety or welfare or material
injurious to properties or improvements in the immediate neighborhood.
g. The proposed conditional use will comply with each of the applicable
provisions of the zoning chapter.
4. The City Council finds that granting a conditional use permit to allow a caretaker
apartment within the principal structure on the property 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
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 per Section 10.23, Subdivision 4 to permit a caretaker apartment
within the second floor of the principal residence subject to the following conditions:
Page 2 of 5
form5005 DiskOronQ
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
) C'-) .,., --l NO. ~(',)~,/1>'--' _. _·, __ _
1. The apartment shall remain for the sole use of the owners of the principal
residence, including their domestic employees or nonpaying guests.
2. 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.
3. 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
Form 5005 Disk Orono
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ~ ~ I)_ -~
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 City.
LINDA S. VEE
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My commiss ion expi res 8-12-96
SOTA)
) ss.
COUNTY OF HENNEPIN )
Notary Public
On this / f -M> day of f = , 199 / , before me a Notary Public
within and for said County, personaUappeared '7 --~ft /Y1~
known to me to be the person(s) described in and w executed foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Comm. Expires 12-19-97
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
On this ~ day of _ __,,__.L'=::::......>.:=-..,:=::'.!.._.+---=--, --"---Public
within and for said County, personally appeared __ L~~~~~~~~~'£1.'--,L.:_ __
known to me to be the person(s) described in and wh executed the for oing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Page 4 of 5
FOfm 5005 9isk Oro.»
STATE OF MINNESOTA )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. -1~;,,;.,..}--'-'-'-----
) 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
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 SOOS rnskO<ono
.,
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. •.') ;_:)
Exhibit A
.L.EDAL DESCRIPTIOll OE....EREHISES SUBVEYEl 1;
r
Aleo: thl'J.t ~t of L-,;te 9 and 10, Rf.lm,r-engemt'Jnt t:1f Oronr; Point and .
l,,l1r:: a~,:;i:-,1,'t.:i.,,:i,'i.= thr::n:l,,; lYi'ui Go'u.tlV.;1:·lY w-,cl ~Mtf.ir ly ,'!it t.r.,1, t~ll-,~
ing deooribed line: Commf;lncing at~ pr;int ·1n th~ chnt~rlin~ of
Center Avt!:nu1:: 588. 95 feet nr.rrtherlY from the NrJrthwl'!let~r lY cornet'
eif v:,t ~. Re~rrarig~roent ot Orono P,;int; thence eoutn~rly alona
ef.iid centl'.rr linl!: b. diotancl'!I of 5 hat; thenc1; erJUthw~eiterly on .'J.
tl.!l'l..£entil'J.l ouNe to the riaht with l'J. radiua of 221.17 feet~ die-
t.me,; (Ji l69. 38 bi,t l thenr.:e ar;uthw1;1atf:l't'ly tim/ii,tit trJ Eih,id l~t,
rl1:1er.:'t"ib~d r;UNt: l'J. dietarL(/1'.1 r;f 5 feet; theno~ 1::wuthweet,;tly ori e.
tangent i1.1l CU't'Vf'.: tei tihe right ~ r~rliue of 4.4!:i. 72 tl'.lt<:t, l'J. diert..!1.Uf.:f':
r.if 119. 2fj fl'.!et; thence eouthweetfl.:x-ly t1Jng11Jnt tr.> sdd l!J.et <l~-
ec'C'ibed (Jll't'Vt:: 1.1 distance of 107. 3 feet; th,•.snrJe \.l'.;et,,;r ly muing b.n
M.all'; r;f 44 tl'.:'1J'c';f';S 42 ~inut.ess to the right i!i. rliethr,ce ('Jf 79. 3
feet tc th~ ahOre of we Minnetonkb. ,'JJ'J.~ there tel-min~tina; eub-
j eot tr; Boroer Ave~ii.: M OMMd 'rJY Do<il.lJQent ri.r;. 209t:f386:
Al~o th~t ~t of v~c~t~d Cilnt~r Av~nue ae e~id Cr,nter Avenu~ Wl.lS
df:11'iiQ41.ted to th1:1 wblio in the plat af Re~rr~ezr,ent of fJ?•orv:i
Point~ lying eoutMrlY of the w~eterl1i' ext.FJneion (Jf th~ no'C'therlY
UM of Lr.>t 4. ea.id R.eo!l.r'l",ms.ement Cif 0:ono Poi'rit e.nrl nr;rtivrrly of
!J. Hti.e fl'!',&JW'n -weeterly 'Pl!Jrvi-.:ndir.:ul,;.1' to tM ~eet line r;f eaid L<;t 4.
f-r•am ~-P'Jint r;r1 e~id we.st line dietl'J.tlt 182. 29 ftet 'Mrtht1:r lY trr;ru
the eour,hw~er, r;r;tn~t• r;t e'-tid mt 4; aleo tM. t p1,1rt of t,M >weeter ly
hb.lf of Vb.O~tl';rl C>;ntl';r Avenuf.l lying rwuthe'tly of e~id b.bov~ di,-
ecrib,t.:d :M~n(UO'I.HF.tl' liM; M.d 1J.l5◊ th,J.t w.rt of the 'Wt::8Vi't·ly
lw.lf of VFJJJ!ited Centr::'C' Avenue lying rwi:•th~;r-ly of the l-?F.Jete'C'ly ex-
teMion rJf the not'the't'ly line of aaid Lr;t '4 tmd lying M\ltht!J'tly of
~ line dr~wn ~Mterly at riW1t tJ..nales ~o tM w~~t~rly ,lin~ of Mid
vacated Cl.:nter Av~nu~ f"C"Om the POint of int~raeotion af oaid what-
erly line with b. line dre;.wn 10 fF.1.;,t ei!l.sterly of the following dP:-
ecribed line: Ct:>mrrlencing ~ta point in th~ oent~rlifie of o~id ~n-
ter Avem,.e distant 588,95 fett northerly f~om the notthw~eterly
corner of e~ia Lot 5: th~nc~ eoutherly alona. s~id centerliM a
di&thl'l.ce of 5 fe~t to the point of ~ginn1M: of tM line being de•
eoribE!d; then~-e eouthweeterly alone: e;. tangential ourv~ to the
ri!lht with a radiue ~f 221.17 feet~ distance of 169.28 f~t, ~d
add liM thF.l'C'tl'.$ ,.mdina. ' .....
f01m 5005 Disk Orono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.-~,------
Aleo
That pa't't of vacated Border Avenue as laid out and dedicat~d over
and ~~roes part of L¢t 9 in eaid Rearrangement of Orono Point
which liee betw~en the weaterly line of e~id C~nter Avenue e.nd ~
line drawn drawn aor-oaa aaid Border Avenue ~t ~ight an.alee to the
eid~ linee of said Bot"'der Avenue from the :i;,oint of intereection of
th1' c•nterli.no of nid. Border Avenue with~ line deeoribed aa fol ...
lowe: geainniruz ~ta ;,oint in th~ oonte~line ¢t a•id Cont-er Av~
enue dietant 588.9~ feet northt!!rly of tho M-rthwest oo~,:, of eaid
L¢t fl; thence eouthe't'lY alona the centerline of .eaid Center Ave~1,\e
"-distance of 5 feet; tbenc~ eO\lt,h,,rlY and eouthweeterly along c.
tantentie.l curve to the right withe. radius of 221.17 feet a die-
tance of 169.38 feet; thenoe eo~thweaterlY ~gent to laet eaid
curve a diets.nee of 5 feet; thenoe aouthwe~terlY along a tan.ien-
tial curve to the right with a radiue of 445.72 feet a distarice of
119.25 feet; thence southweeterly tan,ent to laet eaid ourve a
dietanoe of 107.3Q feet; thence eouthweeterlY ~lon.s a tangential
curve to the left with a rad1U8 of ~6 feet a distance of 19.7
feet; thence southerly tansent to laet &aid eu:rve a ~ietance of
6.6 feet; thence eouther-ly alons a tAnSential c\.U"Ve to the left
with a radi~ of 169. 7 feet a diste.nce of 53. 9 fe.,t; th~nce i,¢\\th-
er lY taruient to last deeor-ibed curve ~ diatMce of 20. 5 feet:
thence 8oUtherly on a tarutential curve to the left with a radius
of 78 .1 feet to its interaeot ion with the o~nte.r line of said Bor, ...
der-Avenue, f.\l"ld eaid line therf:! endi~.
Form 5005 Disk Orono
RESOLUTION # "-; Q·~
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )·
)
CITY OF ORONO )
I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
for e ·g o in g copy of c1 res o 1 u ti on of the City Co u n c i 1 of the City of Orono
with the original record of s~ch resdlution 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~ resolutiop was duly adopted by said City
Council at said meeting.
In W i t n es s W he r e o f , I ha v e her e unto s e ·t my ha n d and sea 1 th i s
14th , day of October , 19 93 .,c.....;;;...._ __
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