HomeMy WebLinkAboutResolution 2231 � City o� ORONO � �
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• RESOLUTION OF THE CITY COUNCIL
�� NO. 2231
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A RESOLIITION GRANTING
A CONDTIONAL IIS}3 PERMIT
Pffit MQNICIPAL ZONING CODE
SECTION 10.20, SQBDIVISION 3(A)
FILE #1148
WHEREAS, St. Edwards Episcopal Church (hereinafter "the
applicant") is located at 865 North Ferndale Road located within the
City of Orono (hereinafter "City" ) and has made application to the
City to permit the use of an existing classroom area within the lower
level of the Church structure by the Wayzata Home Base program of the
Wayzata School District and the Montessori School of Wazyata Bay for
day care/pre-school instruction. The subject property is legally
described as follows: � �
P.I.D. 25-118-23 44 0002 Unplatted 25 118 23 - That
• part of Government Lot 3 lying South of County Road No.
6 and East of a line drawn North at right angles from
South line of said Lot 3 from a point therein distance
493 feet West of Southeast corner thereof except road,
(hereinafter "the property" ) , and
WHEREAS, the applicant has applied to the City of Orono for
a Conditional Use Permit to permit the use of day care/pre-school
instruction per Municipal Zoning Code Section 10.20, Subdivision 3(A).
NOW, THER$FORL, B$ IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1148.
2. The property is located in the RR-1B, Rural Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on
July 20, 1987, and recommended approval of the proposed use based
on the f ol lowing f indings:
l. The proposed use of the church is in accord with the
intent of the Zoning Code and Comprehensive Manangement
• Plan.
2. The operation of the day care/pre-school instruction
classes would not pose hazards to the public safety or
welfare nor to property owners within the adjacent
neighborhood. �
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3 . The church has ample , unused classroom areas , the 1
community is in need of safe, clean classroom space for the
instruction of pre-school children.
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 effect of
the proposed use on the health , safety and welfare of the
community.
5. The City Council finds that granting a conditional use permit
to allow the day care/pre-school instruction use 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 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.
• COIICLDSION�, OItDEYt AIdD CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Permit per Municipal Zoning
Zoning Code Section 1 �.2 � , Subdivision 3 (A) to permit the day
care/pre-school instruction use at St. Edwards Episcopal Church by the
Wayzata Home Base and Montessori School of Wayzata Bay, subject to the
following conditions : �
1. Prior to the day care/pre-school use of the facility by both
Wayzata Home Base and the Montessori School of Wayzata Bay the
following must be installed by the applicant:
a) Fire alarm system as approved by the City.
b) Installation of fire extinguishers as required by the
City.
c) Appropriate designation of fire exits to be approved by
the City.
2. This permit shall limit all day care/pre-school use of the
facility to 29 occupants at any one time. Such occupants to
include students , teachers , teaching assistants , aides , etc.
Violation of this condition may result in the immediate
termination of this permit. The applicant, St. Edwards Episcopal
Church, shall be responsible for maintaining the conditions of
• this permit.
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3. Authorities granted by this resolution run with the property
not with the owner, but are permissive only and must be exercised
by applicant within one year of the date of Council approval or
the special conditions of this resolution will expire on that
date (July 27, 1988 ).
4. 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.
5. The undersigned has read, understood and hereby agrees to the
terms of this resolution and on behalf of St. Edwards Episcopal
Church, its 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 27th day of July,
1987. '
� ATTEST:
; .
M' � ' • / , , �
, 1
/
Dorothy M allin, City Clerk Jam s . Grab , ayor
S�rwt.
( Pro rty Own r,�✓�9�'�J�
s'T �c�i�l c,��S�'�sfc. e���f
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,.� RESOLUTION OF THE CITY COUNCIL
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� NO. 2231
• _,• �. • .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this l/.7'—"�' day of , 198�
before me a Notary Public within and for said county, personally
appeared �7�y� �, �(t���
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
'�E��aA L. NAAB
• ��'�L�O�MINNEBpTA
���".�:",a�.� �—�- a
MY COMMISSION EXPIRES
STATE OF MINNESOTA ) .
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personal ly 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
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