HomeMy WebLinkAboutResolution 2768 . � o�;@";?���," • ' '
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'�- RESOLUTION OF THE CITY COUNCIL
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�' 2768
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A RESOLDTION GRANTING
A CONDTIONAL DSE PERMIT
PER 1KUNICIPAL ZONING CODE
SECTION 10.24, SIIBDIVISION 3 (A)
FILE #1488
WHEREAS, John E. Rogers (hereinafter "the applicant")
is the owner of the property located at 755 Tonkawa Road located
within the City of Orono (hereinafter "City") and legally
described as follows:
Exhibit A (hereinafter "property" ) ; and
WHEREAS, the applicant has applied to the City of Orono
for a conditional use permit to permit a guest house on the
above referenced property per Municipal Zoning Code Section
10.24, Subdivision 3 (A) .
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• NOW, THEREFORE, BE IT RESOLVED by the Ci ty Counci 1 of
Orono, Minnesota:
• FINDINGS
1. This application was reviewed as Zoning File #1488.
2. The property is located in the LR-1B Lakeshore
Residential Zoning District requiring 1 acre in area. The
property consists of 2.3 acres.
3. On February 20 , 1990, the Orono Planning Commission
reviewed the application as proposed and recommenoed
approval based on the followi�ng findings:
A) The subject property meets all lot standards for a
residential subdivision of two lots.
B) The structure is proposed as a recreational area
for the use of the occupants of the principal building
and their guests and is not proposed for rental
. purposes. Such ' use is in conformance with the
standards of the Orono Zoning Code.
C) The application involves no increase in hardcover
within the 75-250 ' setback area.
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� �.^ ~, The City Counci l has considered this appl ication
including the findings and recommendations of the Planning
Commission, reports by staff and comments of the applicant
and the affect 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 a guest house on the property will not be 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a conditional use permit per Municipal
• Zoning Code Section 10.24, Subdivision 3 (A) to permit a guest
house on the property located at 755 Tonkawa Road, subject to the
following conditions:
1. The guest house structure shall never be used for rental
purposes.
2. A SAC payment of $600.00 and sewer unit assessment
of $6,542.16 shall be collected at the time of the issuance
of a building permit for the conversion of the detached
garage to the guest house.
3. Authorities granted by this conditional use permit run
with the property not with the applicant, but 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
12, 1991) .
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.
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5. The undersigned owner has read, understoocl 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 12th day of
March, 1990.
AT ST:
�
othy . Hallin, City Clerk Jam s R. Grabek , Mayor
D�c.� � 'Gt'° �
• Pr erty Owner(s
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 12th day of March, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of .the City.
Notary Public
THERESA L. NAAB ��(��G�a
�, NoHENNEPIN COUNTYTA � �
My commisaion expiros 9-8-92 My C omm i s s i o n E x p i r e s
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STA�� � MINNESOTA )
) ss.
COUNTY OF HENNEPIN �) •
On this ��� day of �Q,jr� , 199 �
before me a otary Pub ' c within and for said county, personal�
appeared D��S .
known to me to be the pe son( e ribed in and who execute t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
.
NOTARY PUBLIC
THERESA L. N11AB
�. NOTARY PUBLIC�MINNE80TA
N` MY E���o°�45�82
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this ,y-� day of ��y�� , 199 �, before me a
Notary Public with,�' and for said County, personally appeared
��D�j'i � • /�D4r2�5, �'l LtS{�Qmcd k n awn t o
me to be the person ( s ) described in and wha executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
. �IE�C�-- CIiV
THEREBA 1.. NAAB NOTARY PUBLIC
HORARY PUBUO•MINNESOTA .
�E��c��xCpt�r�NB��B-92
9-��9a
MY COMMISSION EXPIRES
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RESOLUTION #27,68
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EXHIBIT A
LEGAL DESCRIPTION . .
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� . . 'All. that part of lot 1, Auditor's Subda�a���bel �ith Hand B15Q.
' . ���ty, � Minneaota lying .Northweaterly of i 1�
� � • feet� Southeaeterly, _ mBaaured at �a at �lthereo,th�d aituateein HennePin
, said L•ot 1. according to the reco P
County, Hinneaota.
Hennepin .
pd_ Y,r:ez� pll• that Part °North�esterlytof,a lineiParallel�ith and� 200 feet :
'County, ' �Minneso�a . �Yin� .`
� . ''.Southeaster�3�''taeasured at �right anBlea from thallaltc�ithtand 150 efeetsaSoutht
• :;1 �nd;1�YinR•So�itheaste r I y of� a.1 ine draWn par �
� • . .ea9terlp' : measut�d�at right an8les f�� tha°d sit atetin1Hennepinf CountY�tl4in� .
� � `accordin� to �he rec:orded plat ther � n
� nesota. ' . � � • '
: pRT•�ei �. : The aoutheastely 20 feeaccord nglto thedrecorded platlthereo�f,�and
� . 207 of Heruzepin County+ Hinneaota.
�� � aituate••in�HennePin_CountY, Hinnesota. .�._ . _ - - -••-•- .. _ __ .. . � -
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