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Home My WebLink AboutResolution 2814 • f - �♦ . G � � � C�t o� ORONO � • � RESOLUTION OF THE CITY COUNCIL � � NO. 2 814 • - • • - A RESOLIITION GRANTING A CONDTIONAL DS$ PERMIT P$R MONICIPAL ZONING CODE S$CTION 10.28, SIIBDIVISIONS 3 (A) FILE #1524 WH$R$AS, Wesley Ann Hallquist , director of Trinity Preschool , (hereinafter "the applicant") has an interest in the property located at 2060 Sixth Avenue North located within the City of Orono. (hereinafter "City" ) and legally described as follows : Please refer to Exhibit A (attached) , (hereinafter "the property" ) and; WHSR$AS, the applicant has applied to the ,City of Orono for a Conditional Use Permit for � a half day Presck�ool program per Municipal Zoning Code Section 10.28, Subdivision 3 (A) NOW, THEREFORE, BE IT RSSOI.V$D by the City Counci 1 of Orono, Minnesota: ' • FINDINGS l. This application was reviewed as Zoning File #1524. 2. The property is located in the RR-1B rural residential zoning district requiring 2 acres of° dry continguous Iand. � 3. The Orono Planning Commission reviewed this application on May 21, 1990, and recommended approval of the conditional use permit based upon the following findings: . . a) There is adequate parking, schoolroom and play areas found at the Trinity Church facility. b) The Preschool program shal 1 consist of 30 preschoolers and 5 staff inembers (director, teacher, assistant teacher ' and two aides ). � c) The Preschool will operate Monday through Friday mornings for 9 :00 a.m. to 11:45 a.m. offering two programs of schedules (2-day and 3-day). d) The Preschool will be located in approximately 1057 s.f. of classroom area. �_... . . Page 1 of 4 • . � - Clt o� ORONO � • � RESOLUTION OF THE CITY COUNCIL � NO. 2814 • - • • • The Department of Human Services for the State of Minnesota shall not require an outdoor play area for programs operating for less than 3 hours a day. Trinity Preschool is offering a 2-1/2 hour program. f ) The Department of Human Services has granted preliminary approval of Trinity Preschool's license to operate. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff, and oral and written 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 a preschool program sponsored by Trinity Preschool at Trinity Lutheran Church wil 1 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. CONCLDSIONS, ORDSR 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 10.28, Subdivision 3 (A) to permit Trinity Preschool to open a preschool program at the property located at 2060 6th Avenue North, subject to the following conditions: . l. This conditional use permit is approved for a preschool use either for a half day or full day (A.M. and P.M. 2-1/2 hour programs ). Any expansion into day care or a latch key type . program connected with the local schoo 1 district would be subject to approval of a new conditional use permit. 2. Applicant shall be responsible for maintaining a 2-adult/15- student ratio while, outdoor play activities are conducted within unfenced play area. This condition is subject to reniew upon the placement of fencing around the outdoor play area to the rear/north of the Church structure. 3. 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. Page 2 of 4 � ., r � • -: � � i � C�t o� ORONO : � � • � '� RESOLUTION OF THE CITY COUNCIL - . � �`�� NO. 2 814 • - • • T- e undersigned representative of Trinity Church and the director of Trinity Preschool have read, understood and hereby agree to the terms of this resolution and on behalf of Trinity Church and Trinity Preschool, their 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 llth day of June, 1990. A T ST: � � othy Hal in, City Clerk Ja esI R. Grab''�k!Mayor Representa ive of Trinity Direct of Trinity reschool Church ' • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing� instrument was acknowledge d before me on this llth day of June, 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. THERESA L. NAAB _ /� �� NprTAKY PUBLIC�MINNESOTA /�� • �HEN�a�i�umaNaTsY-s2 . Notary Public 9-8=9a My Commision Expires Page 3 of 4 • - . : � . _ �. (, . l. y . � � � C�t o� ORONO � • C��'i? RESOLUTION OF THE CITY COUNCIL � NO. 2814 • - � • �TATE OF MINNESOTA ) ) ss. COi7NTY OF HENNEPIN ) On .t h i s o� (Q'4"�' d�y o f �(�-►'�.Q , 19 9 Q before me a Not�ry Public within �nd for s�id county, person�l�y �pp e a r e d � . R i c.ti n�-�� F�u'c,ks aY, e..r�. v�. Tr�'n ��►-,, �N-e�, known to me to be the person(s described ' n d who ex cuted t e �oregoing instrument, �nd acknowledged that he (they) executed the s�me �s his (their) free �ct and deed. ��..�-d— . �OC� THERESA L. NAAB NOTARY PUBLIC ' . �, NOTARY PUBLIC- MINhESOTA �E��eCxpOtrasN�82 ��-9a � • MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) On this a(9�= day of �C,�t� , 1990 , before me � Notary Public within �nd or said County, personally �ppeared 1�S I r� N-c�,l l ' fi 'r. ,r�' i I�r'.:e C.� I k n o wn t o me to be the per n s descri ed in �nd who executed the foregoing instrument, �nd �cknowledged that he (they) executed the s�me �s his (their) free act and deed. .. � � NOTARY PUBLIC . THERESA L. NAAB : N�TARY PUBLIC. MINNESOTA � HENNEPIN COUNTY ��„��aXp��.92 q_g-_q a • MY COMMISSION. EXPIRES • Page 4 of 4 • . , . . . . _ , . . . . ., .. ..�Ex. . � . � � � . Resolution #2814 EXHIBI`1' A � � Descripcion uf pr�perty: ' � That part of the N.E. 1%4 of the S.W. 1/4 of Section 27� Township 118� Range 23� Hennepin County� Minnesota described as follows: Beginning at the N.E. corner of the S.W. 1/4 of sald Section 27; [hence W. on the N, line of- said S.W. 1/4 distance of - 550.00 feet; tnence 5. and parallrl with the E. line of said S.W. 1/4 distance of �+54.1 feet more or less t� the center line of County Road N6; thence northwesterly along said center Ilne of said highway [o a point on the E. line of said S.W. 1/4 disCani 389,7 feet S. of the N.E. corner of said S.W. 1/4; thence N. on the E li�e of said S.W. 1;4 to the point of beginntng� according to the United State Government survey thereof. Subject tq rights of way acquired for County Road 6. Area: � 199,763 squaze fePt 4.59 acres (excluding road) • . � ' • ' � � , -----_�