HomeMy WebLinkAbout#2485 Recorded Resolution 4294CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
No l<l. 9 GJ Al • --"'-=-c-,,~ .. ..,.-,. __
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (G)
FILE #2485
WHEREAS, Alexander Johnston and Catherine Johnston, (hereinafter "the
applicants") are the uwners of the property located at 940 Brown Road South within the City of
Orono (hereinafter "City") and legally described as:
Exhibit A attached, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on May 17, 1999, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for a conditional use permit
to Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2485.
2. The property is located in the RR-lB Zoning District, where 2 acres or 87,120 s.f.
is the minimum lot area. The property consists of 9 acres of which 4.55 acres is
dry contiguous.
3. The Planning Commission reviewed this application on May 17, 1999 and
recommended approval on a vote of 4 to 0.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. A2 94
4. The Planning Commission made the following findings of fact:
A. A property is required double the lot area for the zoning district to allow
a guest house. The property is located in the RR-1B, 2 acre zoning
district. The subject property contains 4.55 acres of dry contiguous
buildable land.
B. The use of the barn as a guest house will not exceed the 2 acre per
"dwelling unit" density.
C. The guest house meets all required principal building setbacks.
D. The barn is 1,664 s.f. qualifying as an oversized accessory structure
requiring a restrictive covenant being recorded on the chain of title.
E. The property has a non-conforming septic system that is scheduled to be
replaced in 1999. Prior to a final plumbing inspection, the septic must be
installed and approved by the City.
5. The City Council finds that granting a conditional use permit to allow a 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.
6 . The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicant 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 findings noted above, the Orono City Council
hereby grants a conditional use permit per Municipal Zoning Code Section 10 .20 , Subdivision
3 (G) for a guest house , subject to the following conditions:
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
4 <>'QA NO.·. ~ ,..,. "'.:.t
The property owners file a restrictive covenant on the property for an oversized
accessory structure and a guest house.
2. The final inspection for the plumbing will not be approved before the septic
system has been replaced and approved.
3. Authorities granted by this resolution are permissive only and must be exercised
by application for a building permit within one year of the date of Council
approval or this conditional use permit will expire on that date (May 24, 2000).
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.
5. 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 24th day of May, 1999.
ATTEST:
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of May,
1999, by Gabriel Jabbour and 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.
~ ·/~/ a 1~,{. C/Jin./ ,~~t.dLPL .
Notary Public u
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Al er, . NQ. q tid 9 &~ ~·
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /3+h day of / u /\1 , 1992._ before me a Notary Public within and for
said county' personally appea'red Ip x., (7 (, ,e,/!_ . () f} s +o a (U j ca -/; "f' '"i°f1 e-~ s c? , r,>/CL/?.,(fe.{_
known to me to be the person(s) described in and who executed the foregoing instrument,an
acknowledged that he (they) executed the same as his (their) free act and deed.
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
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EXHIBIT A
That port of the ~west Ouorter of ~ Northeoot Qucrler of Section 10, Township 117, Rcnge 23, d~lbed cs begimlng ot the point of
lntcrs.eclloo of tho West. fine of ·80id. Northwast Quarter of tho Norlhoasl Querier ·with the South rme of the North·718.5 feet of sold Northwc.,sl
.. Quort!Sr of tho Northoo3t Quarter; thence South,,r!y dong said We_sl Rne to a point thereon distcnt 1128.6 f~t Southeriy from the Northwest ccrner of sold Northwest Quortar of tho Norlheosl Qucrler,. thence deflecUng to the left 97 degrees 30 mk'cles a dlstan~ of 658.08 feet;
thence-difleetlni;i to·U,e right 34 degrees "·minutes to tlie N6{thwes-tcrly right-of-way fine of t.'ie eurrmgton Northern, Inc; ronwoy; ~e
· Nortnoosterly along 11al~ rlgit;)f:-woy line to tho E~t lloe. of sold Northwest Quarter of the Northeast Qu<nier; thence Northerly along said
East 11ne to the. ~ rlllO .of. the Horth 718.5 f&<rl.· of said Northwest Querier of .tho Northeast Quorl.er; thence Wc.,sterly dong eoid Scxrllt line to the point CJf _beginning. :occordl~ to· the Govem<Mnl Survey ~eof. . . . . . ·
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RESOLUTION# _4_2_..:;.9_· ~-=---· _
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
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I, Li.ada 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 Mim.:tes of the proceedings of said City
Council at a meeting of ~d City Cowicil held 011 Mav 24. 1999 , and that the same is
a true and correct copy of said resolution duly adopted by said City Council at said meeting .
In Witness Whereat: I have. hereunto set my hand and seal this --=2=6t,...h.___ day of
Mav , 19:.._22_.
L'fuda S. Vee, City Clerk
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