HomeMy WebLinkAboutResolution 1910 -,
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� Cit� o�' ORONO
Q� RESOLUTION OF THE CITY COUNCIL
� NO. 1910
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A RESOLDTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SIIBDIVISION 3 (G)
FILE #1002
•� WHEREAS, Mrs. F. C. Lyman (hereinafter "the applicant") is the
owner of the property located at 825 South Old Crystal Bay Road located
within the City of Orono (hereinafter "City") and legally described as
follows :
(Per Exhibit "A" attached) ; also known as P.I.D. #09-117-23 21 0001;
(hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a Conditional
• Use Permit to .permit the construction of additions to the existing guest
house structure per Municipal Zoning Code Section 10.20, Subdivision 3 (G).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1002.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. The property consists of approximately 20 acres of dry buildable
land, containing a main residence plus the guest house in question.
The guest house has not previously been granted a formal conditional
use permit. �
4. The existing guest house with the proposed additions meets all the
requirements for a guest house use per Municipal Zoning Code Section
10. 20 , Subdivision 3 (G) , and meets all lot area and setback
requirements.
5. On �December 16, 1985, •the Orono Planning Commission reviewed the
application as proposed and recommended approval subject to the the
condition that the guest house may never be used as a rental unit.
• 6. 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 use
on the health, safety and welfare of the community.
Page 1 of 3
Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� .
� NO. 1910
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7. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to
" allow the guest house use and proposed additions will not be
detrimenta 1 to the hea 1 th, saf ety or genera 1 we 1 f are of the pub 1 ic,
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.
CONCLOSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a Conditional Use Permit per Municipal Zoning Code Section 10.20,
Subdivision 3 (G) to permit the guest house use of and additions to the
existing guest house structure located at 825 South Old Crystal Bay Road,
subject to the following conditions:
• 1. The guest house shall never be rented out and may not be
considered as a rental unit.
2. Violation of or non-compliance with any of the terms and condi-
tions 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 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 13th day of January,
1986. �
ATTE . � ,
� �� �
• � �/E-�Cut�.
. ������
or thy M. lli , City Clerk Mary C. Butler, Mayor
Tim Adams, Acting Mayor
�.
� (1) Property Owner
Page 2 of 3
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c�t� o�e oR,oNo
Q� RE$OLUTION OF THE CITY COUNCIL
'�"(� NO. 1910
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On t h i s �,� � d a y o f �,Q�U�tl�,2.Y , 19 8 6
before me a Notary Public within and for said county, personally
appeared �,L�� �, ,Ly1j'Y/,Q�l� 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.
• . MI
d;ii.:�;.e��o,.�.,t CHAEL p °�ora
�:� � NOTqqyPUeLjC GAFFF3Oiv NOTARY PUBLIC
`� `: M►NNESOT
�p� HEN►�EP A
My commissron 'N COUNTY
ExPlrea June 11.1987
_�,.w��>i /987
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1986, 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
Page 3 of 3
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'' � � ��' • LEGAL DESCRIPTION That Part oF Lot 35, �in Auditor's . ,
SubdivisiCn No. 230, Honnopin Countp
Minnesota, and•of Covernment Lot �,, �u �
Soction 9, Township 117. Range 23, ��;,,... �..;,; �,, .
described as follows:.Boginninp, at'a %'� ���:�''�;. ����
point 302.A1 feet South of the t'vorth '""`;�` �'G�""��� - L.r.`�Yx'��."`�
• , line {�nd 462 Feet ir�est of tho East line
af said Government Lot �; thence East ��C��LL("("(ON � 1910
parallel with the North line o£ said
. Lot 7 a distance o£ 462 feet to the
East line aP said Lot 7; thence Nor.�h
along the East linQ'oP said Government
, Lot � a distance of 302.A1 feet to tho Northeas� corner af said Lot; thence
cor.t?nuir.� ttorth alon; the t:orth and South center line•of Section k, Township
11�, i?ange 23, a distance of 216.7 feet to an intersection with the Easterly
extension af the South line of Lot 34 in above mentioned Auditor's '
Sub�ivis<_on 2:0. 230� Hennepin County� Minnesota; thence l�testerly•along the �
SoLtcerly boundary line of seid Lot 34 end extension thereof to the Souttt- . '
tivest cor:ier of said•lot ; thenae Southerl; slowg the extension of the 4lest•
, li^e o? said Lot 34 to a point 1071.1$ feet Southerly, measured along the •
l�:est line of said Lot 34 and the extension tharaof frott the Northurest
corner of said Lot 3k, thence iVesterly deflecting �l'degrees 06 minutes '
to the ri�ht from last described course� 159.66 feet; thence continu3ng
�+�esterly, defTecting 2 degrees 30 a�iautes to the right from ].ast described '
course a distance of 12k.65 feet; thence 3outhwesterly on a tangential • •
ct:rve to the left with a radius 9$$,66 fe@t, a distance ef'193.75 feet to �
the point o£ compound curve; thence SouthwesterlyL on a tangential ��y� to the••
left with a radius of 212,$1 feet, a distance of✓160.52 Feet; thence '
Soutk:westerly in a straight line, tangent to said last described curve; a��•'
dist:nce o£ 2.89 feet to the SouCherly line af aforesaid Section k; thence � �
:�'zsc along the SouLh line of said Section, 2$5.29 feet; said last describad.
• pcir.t bein.g Lhe Soutneast corner of Government Lot•'1 in said Section k;
tP:ence Southwesterly deflecting 35 degrees 17 minutes to the left fro� said �
'_ast described�course, a distanca of 110.3 feet; thance Southwesterly • '
deflecting 45 3e�rees 2R minutes to the lett fror� said last described course, '
to��l:e2rightffrom said�lastndescribed course,da£distance ofdl�efeet� moretes
or less to the st;ore of Nlax�rell�s Bay, Lake.Mfnnetonka, thence Southeasterly
alo.^.� :h� shore of said lake to its intersection n3th a line running '
Southe�ly parallel with the cast line of above mentioned Government Lot 7 in
yzi� Szcti�n 9, from a point bearin� South 12 de�reeg 54 minutes k0 secorids
est an.-1 distant �66.�o teet froca the point of'begirining, sai3 last described
coL-s= being hereinafter referred to and designatied as "Line $��; thence '
. Dlcrth parallel tirith the East line of sai3 Govern�nent Lot 7•to uaid poinC
bearin� SoLth 12 degrees 54 minutes 40 seconds tlest and distant�yb5.�6 feet
� f:oc� sa_� voiat of beginzing; thence Nerth 12 de�rees 54•minutes k0 seconds .
�ast �66.7b Feet to the point of beginning said last described course being
hereina�ter designat�d and re£erred to as °Line Y”; excepting from above
describei prz:aises, the following described t'ract, (Hereinafter sometime
referred to as the "excepted tract") to-wit: Beginning at ttio saa�e point o£ '
begir.ai::g 2s above described; thence South 82 degrees 13 minutes West
. 290.2 feet; thence South 35 de�rees 05 minutes i�'est, 19l�.1� feet; thence •
5o�:th 13 degrees 5� winutes �9est, 157.65 feet; thence South 5 degrees 23 � � �
:unutes �iest, ,265 feet, aore or less to the shore nf Maacrrell's •Bay, Lake
i�T:nnetor.':a, thence Southeasterly along the shore o£ said la�Ce to an •
ir.te:section with sai3 "Line X" hereinabove described; thence North along �
saifl "Line X" to its intersection with said "Line Y" as hereinabove -�.,
�?escribed; thence North 12 de�rees 54 minutes 40„r"econds East along said .
"Line Y'�, �66.76 feet to the point•of be�inniag;l
. ALSO z
� ?hat �zrt of Geve.rn�ent Lot 7 in Section 9,�Township 117 North, Itar.ge 23 'West
of the .Sth Principal Pferidian, described as follows: .Beginning at a�poi�'t ;, .
being hereinafter designated as point "A" 302,81 feet South of the llorth'�.ine . •
ar.d 4G2 feet 47est of the East line oP said Government Lot 7; thence•South 82°�
13' West, 290.2 feet; thence South 35°-OS' West, 194,4 feet; then�,e.South 13°-
57' lJest; Z67.65 feet to the actual point of beginning of the�tract.of...land.;
zo be cescribed; thence North 13°-57' East, 167,65 feet; thenee�;North"35°=05'
£ast, 294,4 feet; thence t:orth 82°-13' Ezst, 193,2 feet; thence�Sou#t},,3_1°=07�
-:�J" ti7est, 262.39 feet; thence South 13�_25'-37" 47est� 167.65�fee�:�thence�•:
�ou:h 9°-32'-30" West, 286.14 feet; thence. due South>to..the shore�of Maxwell
Eay, Lake I•?inr.etonka; thence FJesterly aloiig�said.;shore.;;�.'i�ne to'•a'n_:intersection
w?th a ].ine hearing South 5°-23' West, frola'th'e��•actu�'1;Ypoint;og:��ginning;, '
thence t:orth 5°-23* East•to the',actaal poinr;;�f.beginning. ' . ' �
For the purpose of the foregoing descriptions:= � .
(z) The East lir.e of the aforesaid Government':�.ot 7. ir�:,said Section 9, Township
1?7 "Iort?�, :tange 23 41est of the Fth Priricipal'Meridian,•,i� asaume'}i�.to be a due
t:crth zr.d South line, • ~ • '
(*) T}:e Fcint designated as point "A" is the same:po,�nt PafS.;the•g¢�:n�(of
• reqir.r.:r.g of the description oF the property conveyed•'�o�I.eonard�C•,�L`z�pJnte�
er.d Gerz2�ine K. Carpenter, husband and'wife! by Txus�t�es' Deed:Sdatgd•
Scgter.:�e^ 26, 1938, between Charles Koon Velie, et"a�.,.�F•Tr+iste�S una�f� the•
Lest 4Ji11 and Testar.ient of Charles D. Vclic, deceasetl; andf�aid=�,a�per�te�,,
filed for record in the office of the Register of U�eds of.�Henr�p`ix�' C,oun�y,
P3inneseta, on �ovembcr 10� 1930� in Book 1445 of Dee�$,•pare 29�3,