HomeMy WebLinkAboutResolution 2865 i
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clt� o� orr�,oNO �
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��� '� �� ��`' . RESOLUTION OF THE CITY COUNCIL
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� 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; �
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FINDINGS !
l. This application was reviewed as Zoning File 1476 . •
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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. � '
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Ci.t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
• NO. 2865
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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:
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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.
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/ C�t� o� ORONO
• ��Y-+' RESOLUTION OF THE CITY COUNCIL
� � NO. 2865
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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
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� c�tY o� oR,oNo
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• ��:''�`� �^ �� RESOLUTION OF THE CITY COUNCIL '�;
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�''�" • �; NO. 2865
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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.
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� SIDNEY I. WEISBERG
NOTARYPUBLIC-MINNESOTA NOTARY PUBLIC
HENNEPIN COUN7Y �
My Commission Expires Mav'�.'tE`;�Y �
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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 ,
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"�' �� �� �s RESOLUTION OF THE CITY COUNCIL
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�.�,:� :� - � NO. 2865
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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 .
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