HomeMy WebLinkAboutResolution 3112 . � �r' � -�� 5925092
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
�9kESH�4'� NO. 3112
������R ENTERlD
(�' OF�PERTY TAX&PUBLIC RfC(�RLiS,
A RESOLUTION GRANTING J U N 12 1992
A CONDTIONAL DSE PERMIT
PER MIINICIPAL ZONING CODE
SECTION 10.27, SIIBDIVISION 3 (A) �Y
FILE #1725
WHEREAS , Davis D. Fans Zer and Barbar� n. Y ai.s Ier
(hereinafter "the applicants" ) are the owners of property at 4180
Bayside Road located within the City of Orono (hereinafter "City") and
legally described as follows:
The West 23 acres of that part of the Southeast Quarter of the
Southeast Quarter of Section 31 , Township 118 North, Range 23
4�est of the 5th Principal Meridian, lying Sout�h of the southerly
right-of-way line of the Luce Line Trail.
(hereinafter "property") ; and
WHEREAS, the applicants have applied to the City of Orono
for a Conditional Use Permit to permit a guest apartment within a
residence currently under construction per Municipal Zoning Code
Section 10.27, Subdivision 3 (A).
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
�. mhe a�plication was reviewed as Zoning File #1725.
2 . The property is located in the RR-lA, Rural Residential
Zoning District requiring 5 acres in area. The subject
property consists of 7 plus dry buildable acres and 12 plus
acres of wetland.
3. On April 20, 1992, the Orono Planning Commission reviewed
the application as proposed and recommended approval based
on the following findings:
a ) Principal access to the apartment area is via the
principal structure.
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
9kESHo�' No. 3112
b) There is adequate area on the 7 plus acre dry buildable
site to provide additional parking needs for guest
apartment use.
c) The septic design for the current residence under
construction will have an adequate septic treatment
facility for the five bedroom home.
4. The City Council finds that granting a conditional use
permit to the applicants for the construction of a
guest/mother-in-law apartment within a new residence would
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.
5. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by staff and comments of the applicants and the
affect of the proposed use on the health, safety, and
welfare of the community.
CONCLDSIONS, 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 10.27, Subdivisions 3 (A) to permit a guest apartment use
within the residence located at 4180 Bayside Road, subject to the
following conditions:
1. The proposed guest/mother-in-law apartment shall never be
used for rental purposes.
2. 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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�� G'�' RESOLUTION OF THE CITY COUNCIL
��kESH�4'� Np, 3112
3. The undersigned owners have read, understood and hereby
agree to the terms of this resolution and on behalf of
themselves, their heirs, 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 27th day of April ,
1�92.
AT ST: �----,-_. _
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'�,,E�'�,C�12-�.i ��'�-' / / � �..i
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� Dorothy . Hallin, City Clerk Barbara A. Peterson, Mayor
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Pr erty Owner s ) i�
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
27th day of April, 1992, by Barbara A. Peterson and Dorothy M. Hallin,
I�Ia�%�Z' ailp Cl�y �iG�'iC Gi 'ttic'' e1.ty Of ^vi�I'iG� a I�ir.:�esct« municipa I
corporation and said instrument was executed on behalf of the City.
�"a � .C'���,a�� �
�� �� Notary Public
NOTARY ptAUp•�1�OTA
� HENNEPiN COUNTY
MV COMM13310N EXPIRE9 8,2�C6
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
9kESH04' NO. 3112
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ,� � � day of �,pr�� � ► 199.�
before me a Notary Public within and fo said co�n�, personally
appeared {Jctv�`5 I�• �Avt.S I�✓' �usband ef Qa�bu�a �� �a�Cnown 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.
LINDA S. VEB
NOTApY PIJBUC- MINNESOTA
HENNEPIN COUNTY � ��
uqy`w"'"d°'�°n expU°s�'12-06 NO R PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this 3� � day of �/�r. � , 199�,, before me
a Notary Public within and for s id County, personally appeared
f3arbq/Y.t M• FoinslPJ'i rN;�e c� Da✓,`s tJ, �ansler 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.
�1 . (/���
LINDA S. VEB NOT RY PUBLIC
NOTARY PUBUC - MINNESOTA
HENNEPIN COUNTY
My commisslon expires 8-12�06
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' RESOLUTION #3112
STATE OE MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO )
I Dorothy M. Hallin , City �Clerk of the City of Orono , Hennepin
County , i�linnesota , do hereby certify that I have compared the
foregoing copy of a resolut�.nn of the City Council of the City oi Orono
with the origirlal reccrd c` such re��iut'-�z '-n the 1�!inutes of the
proceedings of said City Council at a meetina dithatdthetsameUisla true
on April 27 , 19 92 +
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto se-t my hand a19 ��ea1 this
28th , day of April •
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0 othy M a11in , City C1erk
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