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HomeMy WebLinkAboutResolution 3228 :� :-�� � . � � O� • O . O �b� - CITY o� ORONO � � � ti ��� ��,'�' RESOLUTION OF THE CITY COUNCIL �kESH.�4 ' NO. 3 2 2 8 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 3 FILE #1787 WHEREAS, Robert L Waade, (hereinafter "the applicant") is the owner of the properry located at 998 Wildhurst Trail within the City of Orono (hereinafter "City") and legally described as: L,ot 1, Block 1,Wildhurst Estates, Hennepin County,Minnesota(hereinafter "property"); and � WHEREAS, the applicant has applied to the City of Oronc�for a conditional use permit to permit the installation of a non-rental guest apartment within the existing principal structure currently under major reconstruction per Municipal Zoning Code Section 10.24, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1787. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 1.56 acres. 3. On January 19, 1993, the Orono Planning Commission reviewed the application as amended and recommended approval based on the following findings: A) Primary access to the second story apartment over the garage has been relocated within the principal structure. � • . Page 1 of 5 \ ` r ' r _ . / � O - � �' CITY� of ORONO O ,, . O • �=e•�� RESOLUTION OF TI� CITY COiTNCIL � e ��� � �' Y ,y�,':: �� NO. 3 2 2 8 . ��9 g�G • : �'ESBo � B) There is adequate area either within the garage or within the exterior , parking area to provide adequate parking to serve apartment users. C) . � Sewer and all other utilities will be metered under the meter for the � principal residence. . � . , D) There will be no separate address provided for the apartment use. 4. � The City Council finds that granting a conditional use permit to allow the non- . rental guest apartment 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 Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the �ndings and recommendations of the Planning Conunission; reports by staff and conunents 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 fmdings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.24, Subdivision 3 to the current owner and applicant, Robert L. Waade, to permit a non-rental apartment within � his residence located at 998 Wildhurst Trail, subject to the following conditions: � 1. . This conditional use permit is granted to the current owner and applicant and shall _ , expire upon sale or transfer of fee title to another agent or person. It shall be the responsibility of a future owner to apply for a conditional use permit if the non- . rental apartment use is to continue. If not, the owner will be responsible for obtaining a building permit to make the necessary alterations to structure so that the kitchen area is removed. . . . � Page 2 of 5 .. � � , . fam5005INskOmm ;� � , . . . � O � �' CITY of ORONO � O .,, O • �� '"� RESOLUTION OF THE CITY COUNCIL , ,� ; '' `� ':� �, 3228 ,,`� ,. � G,yF, NO. ��kE38�g'� 2. Upon application for a building permit for the installation of the guest apartment, , applicant shall provide amended plans drawn by an architect reflecting the redesign of interior access to second floor apartment. 3. The apartment installed above the attached garage can never be used for rental purposes but must remain for the exclusive use of family members, guests or . domestic help. 4. Authorities granted by this resolution are permissive only and must be exercised . by application for a building permit within one year of the date of Council approval or this conditional use permit will �expire on that date (February 8, 1994). � . 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his 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 February, 1993. ATT T: orothy M Ha lin, City Clerk .Edward J. Ca 1 an, Jr., Mayor � C� ' �'�l'"""" �� .� �� Property Owner(s) • Page 3 of 5 . � - , - . Fam 5005 Ditk Orono � . ' ,� . � . ^ � ,' � � O� • O . O . �d. � CITY o� ORONO a � �� G'�'� RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. 3 2 2 8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of February, 1993, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a Mi.nnesota municipal corporation and said instrument was executed on behalf of the City. CAR4LE q, HASEMAN � �T�Y���-M�NNESOTA Notary Public .1 HENNEPIN COUNTy MY COM?AISS�ON EXPIRES 8-23.gp -....-...._. ��.a.. • My Commission Expires • Page 4 of 5 \ r ' F ,_ � f. � D, � �+y J 7 O� � O O �d. � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`q�k,E gOg'�G NO. 3 2 2 8 S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of ���rua r�,� , 199 3 before me a Notary Public within and for said county,personally appear d �r;5 L� C�a��e� �- �o be�¢ � � f,� Q Q cle� y�r��e a� 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. LINDA S. VEE � ��n / NOTARY PUBLIC- MINNESOTA J`x� HENNEPIN COUNTY My commission explres&12-98 NOT Y PUBLIC � 1 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 5 of 5 .