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Home My WebLink About#3964-CUP-1997 - .�: _ . � O� O � O �d. - C ITY of ORONO ��„ \ �' ti '�' RESOLUTION OF THE CITY COUNCiL � �L9kESH�4�G NO. c� � 6 � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 & 2; SECTION 10.23, SUBDIVISION 4 (A); AND SECTION 10.20, SUBDIVISION 3 (G-n FILE #2204 WHEREAS, James G. Fullerton, (hereinafter "the applicant") is an authorized representative of the Fullerton Trust having an interest in the property located at 3350/3400 Fox Street within the City of Orono (hereinafter "City") and legally described as: Lot 3, Tract A, Registered Land Survey No. 1358, Files of Registrar of Titles, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit an existing caretaker's residence/guest house located within the 0-75' lakeshore setback on Lot 3 to remain per Section 10.22, Subdivisions 1 and 2; Section 10.23, Subdivision 4 (A) and Section 10.20, Subdivision 3 (G-I). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed with a prelunu�ary plat for Fullerton Estates, Zoning File #2204. , 2. The property is located in the LR-lA. Lot 3 consists of 7.51 acres, 5.57 excluding protected area. • 3. On November 18, 1996, the Orono Planning Commission reviewed the sketch plan and recommended approval based on the following findings: Page 1 of 5 - - - - � O� O O �9b. - CITY of URONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL - . �9kESH�4'� NO. � 9 � � A) The caretaker residence is existing and located entirely within the 0-75' lakeshore setback. B) The structure is used as either a residence for non-paying guests or domestic employees. 4. The City Council finds that granting a conditional use permit to allow an existing � caretaker's residence/guest house will 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 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. 5. The City Council has considered this application 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.22, Subdivisions 1 & 2; Section 10.23, Subdivision 4 (A); and Section 10.20, Subdivision (G-I) to permit an existing caretaker's residence/guest house to remain on Lot 3 in the vicinity of 3350/3400 Fox Street, subject to the following conditions: 1. Applicant and future owners are placed on notice that any expansion of the existing building envelope or construction of a new foundation will require variance approval. 2. A conforming septic system shall be installed to serve the caretaker's residence and principal structure on Lot 3 no later than October 1, 1998. Page 2 of 5 � o� 0 0 �d - CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL L9kESH�g'� No. 3 9 6 4 3. Caretaker/guest house to serve the occupants of the principal residence to include domestic employees or their non-paying guests. The structure shall never be used for rent or lease. 4. All improvements to the caretaker residence are subject to the Shoreland Regulations as set forth in the Municipal Code. 5. 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. 6. The undersigned applicants 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 22nd day of September, 1997. AT ST: . '�� orothy M. a in, City Clerk Gabrie Jabbour, Mayo ,.,.,-,.--�� -�—�� James G. F�,ill t n, III James-� . lerton, III, Trustee � . � l - - -` i � ✓Y ,., W. Fullerton Ro A. Stein, Trustee Page 3 of 5 � �� O O �9b - C ITY of ORONO � � �� ~' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. e� 9 6 � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of September, 1997, by Gabriel 7abbour and 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. � � �' �� •.�c,�: �«, � LINDA S.VEE Notary Public :',,:��;: NOTAAY PUBLIC-��11NNESOTA �. ��:= HEN�VEPIN CQUNTY _% Wy Cemrssian Ezpires Jan.31,2000 , Page 4 of 5 . , ,. .. . - ��j -. � ' �� O O , CITY of ORONO ,� �� . ��,1 �G� RESOLUTiON OF THE CITY COUNCIL 9kES8�4� N0. � 9 s 4 STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) 1_ . � r going instrument was acknowledged before me this day of , 1997, by James G. Fullerton, III and Marna W. Fullerton, husband and Not Pub ic ��'��,•!3 1�'Ji�S70N � STATE OF MINNESOTA ) ;�;_'�� r;a�.,.�r�� ,:1Y�cSOTA ;,:'�.�R� 61y Cenr�:;aa cW::es J��.31.20W � )ss. _ �. �. COUNTY OF HENNEPIN ) � T foregoing instrument was acknowledged before me this � day of , 1997, by James G. Fullerton, III, Trustee of the Elizabeth L. Fullerton Re o able Trust U/A dated 1/4/85, as amended, w�th Elizabeth L. Fullerton, as donor. � ta blic . ��.�.� STATE OF �� '�'' �� JOHN 3.Lti'INSTON ;"�� ti07ARYFUcLtC-h1fNNESOTA �SS. : '�.�� AT/LommisSienE�cDiresJa��.31.20C0 COUNTY OF ) ....;µ. The foregoing instrument was acknowledged before me this � day of �j , 1997, by Robert A. Stein, Trustee f the Elizabeth L. Fullerton Revocable � rust U/A dated 1/4/85, as amended, with Elizabeth L Fullert n, as donor. .�� a7ErICL�i,��A�" � Notary Public Amy Eggert �. Nota;y Public,State��:�i�'-�•�— " biy Cenmissicn ExFi:.�C'c� =•:::�' �` Page 5 of 5 Fs:�3�a�'�:..:,r.r;. . .