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,,:s �`_,��,� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A CONDITIONAL USE PERMIT -
' PER MUNICIPAL ZONING CODE SECTION 10.23, SUBD 4(A) - FILE #845
WAEREAS, Alan McDowell (hereinafter "applicant" ) is the
owner of a property located at 905 West Ferndale Road and has made
application to the City of Orono (hereafter "City" ) to permit
construction and use of a caretaker/guest apartment at the property
� legally described as follows :
Lots 10 8 and 10 9 , Auditors Subd. No. 18 4 and Lot 13 , North
Shore Cottage Acres Lake Minnetonk�; and Lot 107 , Auditors
Subd No. 184 (hereafter "property" ) .
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Findings
• l. The application was reviewed as Zoning File No. 845 .
2. The property is located in the LR-lA Single Family Lakeshore
• Residential Zoning District.
' 3. The property is connected to municipal sewer.
4 . The property containsapproximately2. 95acresdry land on the
south side of West Ferndale Road, and approximately 1. 7 acres
of wetland on the north side of West Ferndale Road, for a total
acreage of approximately 4 .65 acres, and a total lot width,
including both sides of the road, of approximately 500 feet.
5. A caretaker apartment existed within the basement of the house
prior to its reconstruction.
6 . Because the property is sewered, a wetland credit of up to 1. 7
acres may be granted, which will allow the 4 acre-400 foot lot
width performance standards for 2 units to be met.
7 . A majority of the nearby properties are substandard in lot
area and lot width.
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8. The caretaker apartment use is consistent with the
. surroundi�ng neighborhood.
9 . 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 effect of the proposed land
alteration on the health, safety and welfare of the
community. �
10. The City Council finds t�hat granting a Conditional Use
Permit to allow the guest use of an attached apartment
on the property will not be detrimental to the health,
safety or ge�neral 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 the proposed . �
• level of use of the property wi11 be �in keeping with
the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
. Conculsions, Order and Conditions
Based upon the above findings, the Orono City Council
hereby grants a Conditional Use Permit to Alan McDowell for a
guest apartment attached to the existing main house, subject to
the following conditions : ,
1. The caretaker/guest apartment may not be rented out.
2. Applicant must grant an open space easement to the City
over that � portion of the property north of West �
Ferndale Road (Lot 107 ) .� In the event applicant
modifies the guest apartment space so that it is no
longer suitable for independent use as a guest
apartment, upon demonstration of that fact to the City
. as a result of a request by applicant, the City will
terminate the Conditional Use Permit and relinquish the
open space easement. � :
3. No other variances are granted or permitted for this
y application. . '
• 4. Violation of or non-compliance with �any of the items and
conditions of this resolution shall constitute a
� violation of the Zoning Code, shall automatically
. . terminate any authority granted herein, and sha 1 1 be
� punishable as a misdemeanor.
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C�T�.,.;;:�, RESOLUTION OF THE CITY COUNCIL
� ', NO. 1672 '
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5 . The undersigned owner 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 lOth day of
September, 1984 .
ATT T: -
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D rothy � . Hallin, City Clerk Mar C. But r, Mayor
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Prop �ty Owner(s )
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operty bwner(s )
Property Owner(s ) �
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� ���,;. NO. 16 72
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STATE OF MINNESOTA )
) ss .
' COUNTY OF HENNEPIN )
On this day of , 1984 , 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 —�--� , ,
• MY COMMISSION EXPIRES
STATE OF MINN�SnTA )
' ) ss . . "
COUNTY OF HENNEPIN )
On this t.� day of , 1984 , before me a Notary
Publ ' c wit in and for said Co ty, ersonally appeared
�� �'� ��.r S�n �� /}'f ��j�i,�p rJ� 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 . �
NO ARY PUBLIC
�::.;;, PATRICIA RYAN POISSON . � •
:��� �i ��: NOTARY PUDUC—MIhNESOTA �J p�
i��_ �'� HE(�IN�PIN COUNTY 1 '�, l'7' 0 9
''��!1"f My Commission Expires Apr.4,�ses MY CO MISS ION EXPIRES
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