HomeMy WebLinkAboutResolution 4023 r ,
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�kzslio NO. 4023
TRANSFER ENTERED
A RESOLUTION GRANTING H99gM COUNTY TAXPAYER SERVICES
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE FEB zo WL
SECTION 10.20, SUBDIVISION 3(G2)
O�E�PINFILE NO. 2318MINN.
DcPUTY
WHEREAS, Jeanne Mithun (hereinafter the "applicant") is the owner of the
property located at 755 Ferndale Road North within the City of Orono (hereinafter "City") and
legally described as:
Lot 3, Block 1, Lydiard Hills, Hennepin County, Minnesota hereinafter
Y P Y
O "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).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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 for emergency egress.
Page 1 of 5
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b CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�9kESH0 NO. 4 f) .3
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 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 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 leading 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 with 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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,b CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�9kESHOg�
NO. -4
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, ayor
operty 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.
CAROLE A HASEMAN
' NOTARYPUBLIC-MINNESOTA Notary Public
' HENNEPIN COUNTY
` My Commission Expires Jan,31,2noo
Page 3 of 5
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b CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
9kES1404' NO. 4 01 9- a
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On this ,,d day of Fe 11 r(..)n,-y , 199Y before me a Notary Public within and
for said county, personally appeared Tia n n� l�f,tl,�'n , t_,h r"�
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.
C-1
CAROLE A.HASEMAN NOTARY PUBLIC
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan.31,2n00
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 4 of 5
RESTRICTIVE COVENANT
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 unit.
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 17'f�'' day of
&I-I'd 11� , 1998.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this fly day of f ���t��.-, 1998
by
J
Not
a/zy/ ' ublic
PLEASE RETURN THIS DOCUMENT TO:
City of Orono, Building and Zoning Department
2750 Kelly Parkway, P.O. Box 66 NO�IRI►�a
Crystal Bay, MN 55323 • . N �
/l/wv/ �,I�v.el"- Mi► ,:,n.3l,z000
Page 5 of 5
RESOLUTION# 4 Q
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on January 26. 1998 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 28th day of
r January , 19 98
Linda S. Vee, City Clerk
(SEAL)
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