HomeMy WebLinkAbout1997-09-22 Resolution 3964r • -ir
o
IjnBr ^
GITY«r ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 9 64____
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISIONS 1 & 2;
SECTION 10.23, SUBDIVISION 4 (A); AND
SECTION 10.20, SUBDIVISION 3 (G-I)
FILE m04
WHEREAS, James G. Fullerton, (hereinafter "the applicant") isaMuthorized
representative of the Fullerton Trust having an interest in the property located a(r^59/3400 Fox
Street within the City of Orono (hereinafter "City") and legally described as:
Lot 3, Tract A. Registered Land Survey No. 1358, Files of Registrar of Titles, Hennepin
County, Minnesota (hereinafter "property"); and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit an existing caretaker's residence/guest house located within the 0-75' lakeshore
setback on Lot 3 to remain per Section 10.22, Subdivisions 1 and 2; Section 10.23, Subdivision
4 (A) and Section 10.20, Subdivision 3 (G-1).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono.
Minnesota:
FINDINGS
1. This application was reviewed with a preliminary plat for Fullerton Estates, Zoning
File m04.
2. The property is located in the LR-1 A. Lot 3 consists of 7.51 acres, 5.57 excluding
protected area.
3. On November 18,1996, the Orono Planning Commission reviewed the sketch plan
and recommended approval based on the following findings:
Page 1 of 5
I
I
»■
oo
A 1sO<
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 9 fi 4_____
A)The caretaker /esidence is existing and located entirely within the 0-75'
lakcshore setbaci'..
B) The structure is used as either a residence for non-paying guests or
domestic employees.
4.The City Council finds that granting a conditional use permit to allow an existing
caretaker’s residence/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 ’“preciate
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 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 10.22, Subdivisions
1 & 2; Section 10.23, Subdivision 4 (A); and Section 10.20, Subdivision (G-I) to permit an
existing caretaker's residence/guest house to remain on Lot 3 in the vicinity of 3350/3400 Fox
Street, subject to the following conditions:
1.Applicant and future owners are placed on notice that any expansion of the existing
building envelope or construction of a new foundation will require variance
approval.
2.A conforming septic system shall be installed to serve the caretaker's residence and
principal structure ^'n Lot 3 no later than October 1, 1998.
Page 2 of 5
o
mm sO
GlTYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 9 6 4
3.Caretaker/guest house to serve the occupants of the principal residence to include
domestic employees or their non-paying guests. The structure shall never be used
for rent or lease.
4.All improvements to the caretaker residence are subject to the Shoreland
Regulations as set forth in the Municipal Code.
5.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.
6.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 resolutioii in the chain of title of the property.
Adopted by the Orono City Council on this 22nd day of September, 1997.
ATtfeST:
lorothy M. mUin, City Clerk
1>
Gabri» Jabbour, May^
James G. Fullert^, III
Marna W, Fullerton
James Gr-Plilerton, III, Trustee
RdB^t A. Stein, Trustee
Page 3 of 5
o
m%s❖O<
cm of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 9 64
<
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
The foregoing instrument was acknowledged before me on this 22nd day of
September, 1997, by Gabriel Jabbour and Dorothy M. Hallin, Mayor & 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
Commission Expires Jan. 31.200)
Notary Public
Page 4 of 5
JL^
J
oo
A
❖o
CITYi^ ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5^ 9 fi 4_____
STATE OF MINNESOTA )
COUNTY v/F HENNEPIN )
)ss.
and
► The—forgoing instrument was acknowledged before me this day of
. 1997, by James G. Fullerton, HI and Mama W. Fullerton, hucband
Noi ic
JOH'’ □ WINSTON
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
)ss.
JO
tsa7:j<t rL:‘w. i • r.;iNSeSOTA ;
UyCcnvT^najresJfctJI.JOOO :
■t
ry The foregoing instrument was acknowledged before me this /r\ day of
Yiv\A^—, ^ 1997^ by j^es G. Fullerton, III, Trustee of the Elizabeth L. Fullerton
Trust U...................'rust U/A dated 1/4/85, as amended, with Elizabeth L. Fullerton, as donor.
?555SI5 jblic
STATE OF
COUNTY or
)
)ss.
)
JOHN D. WINSTON
iiirlla NOTARY PUSLlt-MINNESOTA
MyCeruwaicnbpi«JM-3>.aOO
*.
. The foregv/ instmment was acknowledged before me this day of
^(LyT)Jj iXj . 1- V Robert A. Stein, Tmstee of the Elizabeth L. Fullerton Revocable
Tmst U/A dated 1/4/85, a. •’nded, with Elizabeth U Fullertpn, as donor.
“OFFICIAL SEAL” \
Amy Eggen %
Notary Public. State of »
My Commission Expires Ort 1. ^
i/irnn----------
Notary Public
Page 5 of 5
(