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Home My WebLink AboutResolution 3243 '� . _. ,,, r. , . � ��' ITY f O .. O C o ORONO • � ;��'=� RESOLUTION OF THE CITY COUNCIL r� ��±� '� D+ ,�, '1 �,. .�� , N0. 3 2 4 3 Y � �� 4�G ES�I� A RESOLUTION GRAN'TING A CONDITIONAL USE PERMIT - PER MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 3 FILE NO. 1796 . WHEREAS,Peter W. T. and Jennifer M. L'Allier (hereinafter the "applicants") are the owners of the property located at 2684 Lydiard Avenue within the City of Orono (hereinafter "City") and legally described as: Lot 6 and Lot 7, Vem-Mar Manor, Hennepin County, Minnesota (hereinafter ��properry�� and � WHEREAS, the applicants have applied to the City for a conditional use perm.it • to permit the installation of a non-rental guest apartment within the existing principal structure currently under major construction 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 #1796. � 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 28,452.52 s.f. or .65 acres. 3. On February 16, 1993, the Orono Planning Commission reviewed the application as amended and recommended approval based on the following fmdings: a. Primary access to the second story apartment over the garage is achieved via the second floor of the principal structure. b. There is adequate area either within garage or within the exterior parking area to provide parking to serve apartment users. • � Page 1 of 4 � . . Fam 5005 Disk Orom t 'a � s � O� O :. O . CITY of ORONO • `� ;e�=� RESOLUTION OF THE CITY COUNCIL � ��' =3 :::. ,'�► �► � , -� ��, N0. 3243 �� og�G Es8 c. Sewer, water 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 Council finds that granting a conditional use permit to allow the non-rental guest apartment will not tie detrunental 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 Ciry. � � 5. The City Council has considered this ��application including the fmdings 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 f'mdings, the� Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.24, Subdivision 3 to the current owners and applicants, Peter W. T. and Jennifer M. Lowlier, to permit a non-rental apartment within their residence located at 2684 Lydiard Avenue,. subject to the following conditions: � 1. This conditional use permit is granted to applicants as current owners and shall be in effect while parents continue to reside in apartment. At the time the parents no longer use the apartment, applicant shall apply for a building permit to make the necessary alterations to structure so that the kitchen area within apartment unit � is removed. 2. Applicants shall not install exterior second floor access stair at rear of attached � garage structure. • Pa e 2 of 4 : g - . . Fam5W5DizkOmm ° � � r � � ` . � O � �' � CITY of ORONO O O • `� ?e1=� RESOLUTION OF THE CITY COUNCIL � ��'' �.� :: A, ,�',, �, b,� �, , NO. 3 2 4 3 Y � ��x o��G ESfI 3. The apartment installed above the attached garage shall 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 (March 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 . termina.te any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 8th day of March, 1993. ATT ST: � . � � � � � � � � � u othy M. a m, City Clerk ward J. C lahan, Jr., May . � � C�'� . roperty Owner(s) • • Page 3 of 4 . . � . . . Fam 5005 Disk Ororo � � . V'j" , . , O ' _ � �' � CITY of ORONO • � �� .,� � � �, � RESOLUTION OF THE CITY COUNCIL r� ��:� ..:3 .'�► ,� s, �� , , N0. 3243 ti �� Og�� EsK 3. The apartment installed above the attached garage shall 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 (March 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 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 • properry. � Adopted by the Orono City Council on this 8th day of March, 1993. ATT ST: � . ' � �' � : •othy M. a m, City Clerk ward J. C lahan, Jr., May , � � `�'� roperty Owner(s) � • Page 3 of 4 r�soos a�o�� ' . ...+t1 � /... . . ' • • t '' .�, , . � .. . � . . . . • O ' � . . .. . . � �' CITY of ORONO • O :,, � � � � . � � . �.�' e> > ,� RESOLUTION OF THE CITY COUNCIL � � �} 3 ,� �l . �, NO. 3243 � � ��.s: . . � ti G . .. . . . _ �`�1�'ES�I�g'�. �. � � .. - :� . ' - . STATE OF MINNESOTA ) , ) , ss. , � COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 8th day of March, �� 1993, 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 Ciry. . . . . .,,.-�.T CARQLE A. HASEMAN , � "�� HENNEPIN COUNTY A � MY COMMISSION IXPIRES 8�2�-^_:, 60�.�..-,... . Notary Public . STATE OF MINNFSOTA ) � ) ss. ' COUNTY OF HENNEPIN ) On this � a '� day of l�.z�r^r.�.a r , 199 � ,before me a Notary Public within and for said County,personally appeare �Ge�-e,� � A �4�r � Je n n�fit� m, L'�/1�e r. rr�u r�►�;r�0 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 ��jLe�� v�Q�-�--_ '9 NOTARY PUBLIC - MINNESOTA i HENNEPIN COUNTI' Notary Public +�\�� MY �mmisslon exPires&12-� STATE OF NIINNESOTA ) � � ) 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. i Notary Public � Page 4 of 4 ' ' " � . � � . � . Fam50050iskOrono