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HomeMy WebLinkAbout1990-07-09 Resolution 2827City of ORONO CITY RESOLUTION OF THE CITY COUNCIL NO. 2827 ORONO A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE #1537 WHEREAS, Calvin Presbyterian Church (hereinafter "the applicant") owns the property located at 177 Glendale Drive, located within the City of Orono (hereinafter "City") and legally described in Exhibit A, attached (hereinafter "property"); and WHEREAS, the ap ulicant has applied to the City of Orono for a conditional use permit to permit the construction of a detached storage/garage, 24'x24', per Municipal Zoning Code Section 10.28, Subdivision 3 (A). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1537. 2. The property is located in the RR-lB Rural Residential Zoning District requiring 2 acres of dry contiguous area. The subject property consists of approximately 7.27 acres. 3. On June 1.8, 1990, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: A) The structure will be located 100'+ from all residentia-_ lot lines. The ordinance requires a 50' setback. B) The placement of the structure will not result in the loss of existing parking area but will be.placed to the'south of the existing paved area. C) The structure will be placed in an area that contains existing ma,:ure plantings and will provide natural screening to the adjacent residential properties. Page 1 of 3 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2827 ORONO 4. 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. 5. The City Counci 1 finds that granting a conditional use permit to allow the construction of a detached structure 24'x24' will not be 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. 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 construction of a 24'x24' detached garage/storage structure at an approximate height of 12', subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (July 9, 1991). 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 representative of Calvin Presbyterian Church has read, understood and hereby agrees to the terms of this resolution and on behalf of the Church its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 3 City of OR ONO CITY RESOLUTION OF THE CITY COUNCIL NO. 2827 ORONO Adopted by the Orono City Council on this 9th day of July, 1990. ATT T: o Rthy allin, City Cler Jame R. Grab&k,44ayor Rep a entative of Calvin Pre byterian Church STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of July, 1990, by James R. Grabek & 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. ------------ THERESA L NAAB NOTARY PUSUC - MINNESOTA HENNEPIN COUNTY w My oanNealoe "pkes 9-e-92 Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this % 44-, day of Sri /c4 , 1990 before me a Notary Public within and fcLV said ounty, personal appeared 3DuC-Q r-n. a represents ive of Calvin Pr6sbyferiiiiE Church, knowk 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. THaeTo VLOPJO � NESOTA ; 1MHEN�� WI<Uw ¢a-92 NOTARY PUBLIC Page 3 of 3 City of ORONO CITY RESOLUTION OF THE CITY COUNCIL OF NO. 2827 •-• • EXHIBIT A Tract A t;r )yin_ South of n lint :rich is cr,rullel to the South line of the A11 that part of the follouinf-descri.?r. :rope.< - Southwest 1/4 of Section 34, T)18N1, r23W, rnd which pass-s tkrouEh a ^pint on the ,Jeit line of said Southwest 1/4 and 1876.0 feet Lorth of tho Southwest ccrr.sr th-r^of: Commencing at a roint on the West line of said Southwest 1/4 at a point 1S76 f^et Korth of the Southwest corner of said Southwest 1/4; th-noe South along said West line to a point 61-3/4 rods South of th- 1.ortn"est car-.?!- c•f s=id South_-st 1./4; th^r.ce '-:ast 42 rods; thence North to the point of intersection with a lin- axten'ed rn:t,rJ;Cror•. th- roint of co=,erce,ent parallel with the South line of said South- :Pst 1j4; th-ace West along s Sd rcllal lire to the point of commer.:em-nr., accordinc to the 'U.S. Government survey tht-r-of . Tract B All that cart of the Southw-st 1/4 of Section 31., 'fllil:, N23u, riea^_-1tTed its follows: Co�encinQ Fat a point on the Nei' lir.^ of aforesaid South:-=' 2/4 a 5'star.-e of 1014.17` f^rt (cl-3/4 reds) South of the Northwest corner thereof; thence Fast and perall^1 wit:: the %%orth 11n•• of s+,id Southwest 1/4 c distance of 214 feet (12 rods, 16 feet) to a point, said point being the true point of of the rror-rt:• Cein2 d-scric-i: th^ace ccntinuing East on said last -described line 321.255 feet (19.47 rods): thence Sout'r: and wall-1 u•i.h tN:e ',Jest 1±: ' of said Southwest 1/4 a distance of 810.97 feet, :more or less, to n roint.vci:h is `31:•.`.i f-et ';or'.: of the 5o.�h 11:1- oC .:, i Southwest 1/4, measured parallel with the West line of said Southwest 1/»; th-qnre :lest said parall^1 with tha aforesaid South line 321.255 feet, more or less, to e point, said point beim, 214 f-et Fast of t`•e West 11-^ of ^aid Sou'.hw^st 1;'4, measured parallel with the North line of said Southwest 1/4; thence North end psr,_llel with ti:e West line of said cuthwest 1/4 n distance bf 810.97 feet, more or less, to th^ true roint of berirninE. Tract C Lot 1, Block 1, Bpll Mr- =..tot^a F.-r rrar.r-rent.