HomeMy WebLinkAboutResolution 3421 � ��' CITY of ORONO
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 4 (A)
FILE NO. 1917
WHEREAS, Frank B. Bennett and Martha M. Bennett (hereinafter the
"applicants") are the owners of the property located at 315 Tonkawa Road within the City of
� Orono (hereinafter "City") and legally described as:
Tract C, RIS 540, Hennepin County, Minnesota.(hereinafter "property"); and
WI�REAS, the applicants have applied to the City of Orono for a conditional
use permit to allow construction of a non-rental caretaker apartment per Municipal Zoning Code
• Section 10.23, Subdivision 4 (A). .
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
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. l. This application was reviewed as Zoning File #1917.
2. The property is located in the LR-lA Lakeshore Residential Zoning District
requiring two acre minirnum dry buildable land. The property consists of 3+
acres in area.
3. On April 18, 1994, the Orono Planning Commission reviewed this application as
proposed and recommended unanimous approval based on the following findings:
a. The rural property contains adequate area to meet the septic needs at a 7
bedroom level use for current and future needs.
b. The properry contains 3+ acres of land where only 2 acres is required.
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c. Interior layout and design of roof �rohibits interior access to caretaker
apariment from within the principal residence.
4. The Council finds that granting a conditional use permit to allow the non-rental
guest aparnnent 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 properry
values and that the proposed level of use of the properry 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 variance on the health, safety and
• welfare of the community. .
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above fmdings, the Orono City Council hereby
grants a conditional use permit to permit the installation of a non-rental caretaker apartment
within the residence located at 315 Tonkawa Road per Municipal Zoni.ng Code Section 10.23, .
Subdivision 4 (A), subject to the following conditions:
1. The caretaker apartment may never be used for rental purposes but shall continue
to be used by applicants, their guests or domestic employees.
2. Authorities granted by this resolution are permissive only and must be exercised
by application for a building pernut within one year of the date of Council
approval or this conditional use pemut will expire on that date (May 9, 1995).
3. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoni.ng Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor. _
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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 9th day of May, 1994.
ATTEST:
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' rothy . allin, City Clerk Edward J. Callah , Jr., Mayor �
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Property Owner(s) .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) '
The foregoing instrument was acknowledged before me on this 9th day of May,
� 1994, 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.
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LINDA S:viNNESOTA ��� � ��
NOTAP.Y PUBLIC M
�� N1y comm s o�Ne p�e sT;i-ss No�Y Public .
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STATE OF MINNESOTA )
) ss. �
COUNTY OF HEN EPIN ) 1 ,
On this day of �}C��,I'Y�� , 199 "1 , before me 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 �l 99 `'f before`m�—Notary Public
within and for said County,personally appeared d1r r►'�t `
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 eed.
Notary Public
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��'�,� . SUSAN M LEHRER�M�
��N07ARY PUBLIG-MINNESO7A
ANOKp COUNTY
My Commission Expires Dec 8,1997
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