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HomeMy WebLinkAboutResolution 2865 i � . � '�� - ; : clt� o� orr�,oNO � i � � � - ; ��� '� �� ��`' . RESOLUTION OF THE CITY COUNCIL ��I •. . . , NO. 2865 : �,;. ; • = • • � A RESOI�DTION ALLOWING A SWIMMING POOL TO TEMPORARILY REMAIN � ON THE PROPERTY LOCATED AT 1065 LINDEN' LANE WITHODT A PRINCIPAL RESIDENCE .� FILE 1476 ' WH$REAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHER$AS, pursuant to State Statute 412 et. seq. and 462 et. seq. , the City Council of the City of Orono has adopted a community management plan and zoning regulations for the protection of the public health, safety and general welfare; and WHER$AS, David and Suzanne Prass (hereinafter "the applicants" ) are the owners of the property located at 1065 • Linden Lane within the City of Orono (hereinafter "the City") and : legally described� as follows: � Exhibit A, attached (hereinafter "the property" ) ; and WHERESA, the applicants have applied to the City of ; Orono for special consideration that would allow a swimming pool to remain on a property that does not sustain a principal � residence. • NOW, THEREFORE, B$ IT RESOLVED that the City Council of Orono, Minnesota; � �. FINDINGS ! l. This application was reviewed as Zoning File 1476 . • � 2. The property is located in the LR-1B Single Family � Lakeshore Residential �Zoning District requiring 1 acre in � area. The property consists of 1.4 acres. ; 3. � In October of 1988, the former residence on the property ( was demolished as a result of a Hazardous Building Action f commenced by the City of Orono. The pool has remained on ! the property unattended without a safety cover. � ' i • Page 1 of 5 ' � � � Ci.t� o� ORONO • RESOLUTION OF THE CITY COUNCIL • NO. 2865 • - • • ,-:� 4. An ol.der established residentiaJ. neighborhood surrounds the property. 5. The City has found the pooX in it's present condition to be a potentiax hazard to the immediate neighborhood and generax pubxic. 6. The property exceeds the required 1 acre in area and 140' width required of LR-1C zoning standards and can ].egaXXy sustain a principaX residence without the need for � � further variances. The City CounciJ. has considered the appxicants speciaX � request incl.uding the findings and recommendations of the P1.anning Commission, reports by City staff, comments by the appl.icants, and based upon one or more of the findings noted : . above, the Orono City Council. hereby agrees to aYxow the swimming poo1. to remain on the property without a principaX residence su bjec t to t he fo X xowing con ditions: � 1. Appl.icant shaxX instaxx a safety swimming paol cover by October 30, 1990, and such system has been approved by the City Engineer. : 2. Appxicant shal. x obtain a buiXding permit for construction of a principaX residence on the property by October l, 1991 and to compXete construction and obtain a . Certificate of Occupancy by December 1, 1992. From the present unti3. a Certificate of Occupancy is issued for a . principax residence, the app7.icant sha7.X agree to do the foXl.owing: a. Provide proof of current insurance coverage for the City of Orono' s officiax records. b. Maintain snow fencing around poox area and mai.ntain pooX cover to provide necessary protection. . c. Applicant shaJ.�. provide to the City written confirmation, preferabXy within the first week of each month, that poox is being maintained in a safe manner as recommended above. • Page 2 of 5 , � / C�t� o� ORONO • ��Y-+' RESOLUTION OF THE CITY COUNCIL � � NO. 2865 .•-_ . • � � h, Adopted by the Orono City Council of the City of Orono on this lOth day of September, 1990. ATT ST: Dorothy . HaX1.in, City C1.erk Jame R. Grabek, yor l kt[1� Property Owner(s) STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowXedged before me on this lOth day of September 1990, by James R. Grabek & Dorothy M. HalXin, Mayor & City CXerk of the City of Orono, a Minnesota municipal. cor�oration and said instrument was executed on behal.f of the City. LINDA S. VEB � NOTARY PUBLIC - MINNESOTA � HENNEPIN COUNTY Nota Pub].ic My commisslan explrea&12-05 /� /99� My Co ission Expires Page 3 of 5 • f'( wt . . . . .. , �,. � � c�tY o� oR,oNo .it �xly �/ ;,. • ��:''�`� �^ �� RESOLUTION OF THE CITY COUNCIL '�; �, �''�" • �; NO. 2865 • -..i ' .. �-�.� -=� >.:, i�;�::� STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this 36TN day of DGT'013fr.� , 1990 before me a Notary Public within and for said county, personally ;� appeared ��y)1� ��/Q/�}S,,$ 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. ^ � ^ w � SIDNEY I. WEISBERG NOTARYPUBLIC-MINNESOTA NOTARY PUBLIC HENNEPIN COUN7Y � My Commission Expires Mav'�.'tE`;�Y � -- r ti;. ,. :°�,;.L,. • // ' /��/ ' MY CO ION XPIRES 1 STATE OF MINNESOTA ) )ss. . COUNTY OF HENNEPIN ) On this 307'},1 day of � �G7�-n.�,,E/Q , 1990, before me ; a Notary Public within and for said County, personally appeared $U2ANNE �ti�u _ known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ' _ V• Vv , . . .; I. NOTARY PUBL ��� SIDNEY I.WEISBERG . , 11 NOTARY PUBLIC r MINNESOTA • HENNEPIN COUNTY f��� ��/ f� g� My Commission Expires Mey 71.1681 .�•�.�-5 MY COMMISSION EXPIRES , � Page 4 of 4 � � , , Cit� o� ORONO � at�`� "�' �� �� �s RESOLUTION OF THE CITY COUNCIL y ���., �.�,:� :� - � NO. 2865 `'• -i ``. ;� �,,:,.; LEGAL [)I,SCRIPTION : ' � ' • .� � Tha�: .paxt of Lots Ten ( 10 ) , Lleven ( 11 ) and -Twelvc ( 12 ) , "Linclen 13each, " describ�d as �follows: • Beginning al. L-he Southwest ;corner �F said Lot � ' 'i'en ( 10 ) ; ' thence �ast along the SouL-h :line of saa.d� lot, a, distance of . Eighty-f��ur ( 84 ) ieet; thence Nortl�west�rly along �a line, which woula intersect ' the North line ��f Lot Twelve ( 12 ) at a Point One ' flundred Eighty-five ( 185 ) feet �ast of .the Northwest corrier of said Lot Tw�lve ( 12) , to a poin� in said Northwesterly , line, which is fifty-two ( 52 ) feet Southeasterly m��sured alon,g said line from the .North line of Lot Twelve ( 12) ; thence West parallel with tt�e' North line csf ,Lot Twelye ( 1 2) to� the W�st line of said .Lot; thence.�Southeasterly along ' the wesi�erly line of Lots 12 , 11�, and � 10 to the point of beginning, including one-haLf' ( 1/2) of Linden �Lane, vacated, .. adjoinii�g said lots ; according to the plat thereof c�n file and of r�cord in the offic� of the Reqister of Deecis in and for [�lenne�in County , Minnesota .ALSO • . Lots Six ( 6 ) , Seven ( 7 ) , �ight ( 8 ) , ,and Nine� ( 9 ) , Linde►i I3eac�� , accordiny to the pl�t thereof on file and of: record � in the �f. fice of L-he Register of Decds in and for llenne��in County , Minnesota . Page 5 of 5 � � :_- ....,. _ .. .._ ..._. r�