HomeMy WebLinkAbout#1724 Recorded Resolution 3129-' --.. ·._ .... ____ ..
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5941306
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_1_2_9 ___ _
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 10 AND
A V.lUU!'...NCE TO
SECTION 10.22 SUBDIVISION 2
FILE 11724
WHEREAS, Tammy L. Woodis (hereinafter "the applicant") is'
the owner of the property located at 2818 Casco Point Road within the
City of Orono (hereinafter "City") and legally described as follows:
Lots 16, 26, and 27, Block 4, Casco Heights, Hennepin
County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for
a conditional use permit per Section 10.03, Subd. 10 to permit the
installation of an inground pool/patio area on a through lot and a
variance to Section 10.22, Subd. 2 that would allow an excess of 212
s.f. or 1% hardcover at a total of 5,552 s.f. where only 5,340 s.f. or
30% is al lowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1724.
2. The property is located in the LR-lC Zoning District
requiring 21,780 s. f. or a ha 1 f acre in area. The property
consists of 24,700 s.f. or .56 acres.
3. The Orono Planning Commission reviewed this application on
May 18, 1992 and recommended unanimous approval of the
proposed variance and conditional use permit based upon the
following findings:
a) The accessory structure, pool and patio, have satisfied
all pertinent standards of the conditional use permit
section of the code.
TRANSfiR ENTERiD °'"· Of Pffl)f>[l!fY TAX & PUllUC l!ECOROS
Page 1 of 5
JUL 15 1992
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3129
b) The unique shape of the lot requires the placement of
the poo 1 and patio area within the wider mid-sections
of the property.
c) There is approximately 6,900 s.f. of area within the
500-1,000' setback area of the property where no
hardcover exists but because of the limited 50' width,
the improvements could not be located in that portion
of the property.
4. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to
other property in this zoning district; that granting the
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
5. The City Council finds that granting a conditional use
permit to allow the installation of an inground pool and
patio area 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 it 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 City staff, comments by the applicant and the
effect of the proposed variance and conditional use permit
on the health, safety and welfare of the community.
Page 2 of 5
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_1_2_9 ___ _
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.22, Subd. 2 to allow improvements that result in an excess of
hardcover over the allowed amount of 5,340 s.f. or 30% resulting in a
total of 5,552 s.f. or 31% and grants a conditional use permit per
Section 10.03, Subd. 10 to permit the installation of an inground pool
and patio area on the through lot, subject to the following
conditions:
1992.
1. Authorities granted by this resolution run with the property
not with the owner, but are permissive only and must be
exercised by application for a building permit within one
year of the date of Counci 1 approva 1, or the specia 1
conditions of this resolution will expire on that date (June
8, 1993).
2. 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.
3. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of
herself, her 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 8th day of June,
Page 3 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 3_1_2_9 ___ _
The foregoing instrument was acknowledged before me on this
8th day of June, 1992, by Barbara A. Peterson & 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.
Page 4 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3129
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
on this !-J:_h.. day of Jun L , 199 2
before me a ~tary Public within and for said county, personally
appeared · 1 Q rnm'f l, Wood i's a s ,'n c,/.e f-e,sot,lcnown to me to be
the person ( s) des ribed in and who 0 ex cuted the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
LINDA S. VEE
NOTARY PUBLIC -MINNESOTA
HENNEPIN COUNTY
My commission expires 8-12-96
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
ARYPUBLIC
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 foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
Page 5 of 5
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION #3129
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County , Minnesota , do hereby c er ti f y that I have compared the
fore ·going 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 June 8 _______ , 19 92 and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof, I have hereunto se ·t my hand and seal this
9th , day of June _________ , 19_9_2 __ _
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OFFICE GF co t.m Y RECORDER
HEWiE PiN CC ~TY. ~mlNESO TA
CER TirT /FlLED AND OR ,::..t:brn ON
92 JUL/15 AH IQ: I 0
AS oocwmn # 5941306
pf~,~ CO.RECORDER
BY ~· DEPUTY
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