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Home My WebLink AboutResolution 3390 �� . � ��' " CITY of ORONO O .,, O � . � . �;�,�� ., � RESOLUTION 0 T ��I COUNCIL ,� '� +~' . �`�� ,� ';� .,a,� �, NO. ti ti �� O¢�G EsH A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE , SECTION 10.28, SUBDIVISION 3 (A) FILE NO. 1902 WHEREAS, Dan R. Guenthner (hereinafter the "applicant") has an interest in the properry located at 120 Golden View Drive within the City of Orono (hereinafter "City") and legally described as: . Lot 2, Block 1, Hallson Estates, Hennepin County, Minnesota (hereinafter "property"); and WI�REAS, the applicant has applied to the City of Orono for a conditional use permit to permit the temporary use of a greenhouse from March 25 through June 15, 1994 per • Municipal Zoning Code Section 10.28, Subdivision 3 (A). . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � Minnesota: FINDINGS l. This application was reviewed as Zoni.ng File #1902. � 2. The property is located in the RR-1B Rural Residential Zoni.ng District requiring " two acres in area. The subject properry consists of 8.6 acres. 3. On February 22, 1994 the Orono Planning Commission reviewed the application , and recommended approval of the application as proposed based on the following � findings: . a. The structure shall be in use no more than three months out of the year. b, When the structure is not in use, it shall be dismantled and stored off-site. � c, The temporary accessory structure shall meet all required setbacks of the RR-1B zoning district and oversized accessory structure code. � � . Page 1 of 4 Fam 5005 Uisk Omiro •t . � ��' CITY of ORONO � O :;,3\h m O _ • �:•• � � RESOLUTION OF THE CITY COUNCIL � '1��, �� , NO. � � � i'1 Y, � '�'�9x � o��G EsK 4. The Council finds that granting a conditional use permit to allow the temporary installation of a greenhouse on the properry 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 Zoni.ng 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 welfaze of the communiry. 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 10.28, Subdivision 3 (A) to permit the temporary use of a 14' x 60' greenhouse at a maximum height of 10' on the property located at 120 Golden View Drive, subject to the following conditions: 1. The temporary greenhouse shall be installed on the property from March 25, 1994 through June 15, 1994. When the structure is dismantled, the greenhouse structure shall be stored off-site. 2. The applicant and owner, John Hallson, shall be responsible for all activities approved under the conditional use permit for the use of Common Harvest Community Farm. 3. John Hallson, the owner of the property, is hereby advised of the potential for eliminating suitable septic areas on the property because of the use of heavy equipment compacting soils. The existing and alternate septic sites that currently serve the residence on the properry must be staked prior to the installation of greenhouse or any other land alterations. 4. The temporary greenhouse structure shall be installed to meet all required standards of the State Building and Fire Codes. • Page 2 of 4 � Fam 5005 Disk Orono . ., . � ��' CITY of ORONO O , O . � ��=� RESOLUTION OF THE CITY COUNCIL � ��,, `� '� �, N0. �c� � � � ti , ti ��9� o4�G Es8 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 authoriry granted herein, and shall be punishable as a misdemeanor. 6. The undersigned owner(s) and applicant 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 14th day of March, 1994. AT ST: . . • D rothy M. llin, City Clerk Edward J. Call n, Jr., Mayor � rty Owner(s) an R. Guenthner, Authorized Agent of Common Harvest Community Farm STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instnzment was acknowledged before me on this 14th day of March, 1994, by Ed.ward 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 Ciry. � � a��na ✓ CAROLE A. HASEMAN Notary Public • NOTARY PUBLI�-MINNESOTA ` HENNEPIN COUNTY MY COAttAISSION EXPIRES 8-23�96 Page 3 of 4 Fotm5005 DiskOfano . � O� O O CITY of ORONO � �?��=� RESOLUTION OF THE CITY COUNCIL �1 � .> � � � tl�� ti NO. � � � '�►,� `' �' Gti �`�k'ESHOg'� STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On this�S�h day of �Qr� �, , 199� before me a Notary Public within��Q��p,.� and for said county,personally appeared j� R �� -1 � J� � f�'�'�'�n f� r^� h -�i7eN� nPY`, U I10r'iLe CPh O Arnman� � �-ntm known to me to Ue 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. CAROLE A. HASEMAN NOTARY PUBLIG-MINNESOTA �� ,i'��i�4.�f' j HENNEPIN COUNTY o� ��/ - MY COMMISSION IXPIRES 8-23�96 NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) • On this ��day of�Qr�h , 199!�before me a Notary Public within andforsaidcounty,personallyappeared �j'nk„ ��„+ r,.,�crr;ec�, 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. CAROLE A. HASEMAN N07AqY PUBLKS-MWNESOTA (�_�.� �•.^��ayf�J i HENNEPIN COUNTY " ` MY COU!.11„SIC�E%PIRES&23�98 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 4 of 4 r«msoos o��xao�