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HomeMy WebLinkAbout#2827- CUP-1990 r �_ 1 . � r uj�F, �.��������£.::���� Cit� o� ORONO W 3.� k a�a�r::'Yl.�F.� RESOLUTION OF THE CITY COUNCIL � NO. 2827 • - e • A RESOLUTION GRANTING � A CONDTIONAL USB PERMIT PER MIINICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE #1537 WHEREAS, Calvin Presbyterian Church (hereinafter "the apFlicant" ) owns the property located at 177 Glendale Drive, located within the City of Orono (hereinafter "City") and legally described in Exhibit A, attached (hereinafter "proFerty") ; and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to Fermit the construction of a detached storage/garage , 24 'x24 ' , per Municipal Zoning Code Section 10.28, Subdivision 3 (A). NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1537. 2. The property is located in the RR-1B Rural Residential Zoning District requiring 2 acres of dry contiguous area. . The subject property consists of approximately 7.27 acres. 3. On June 18, 1990, the Orono Planning Commission reviewed the application as proposed and recommended apgroval based on the following findings: A) The structure will be located 100'+ from all residential lot lines. The ordinance requires a 50 ' setback. B) The placement of the structure will not result in ' the loss of existing parking area but will be placed to the 'south of the existing paved area. C) The structure will be placed in an area that contains existing mature plantings and will provide natural screening to the adjacent residential properties. Page 1 of 3 e � � c�t� o� oR,oNo RESOLUTION OF THE CITY COUNCIL ° NO. 2827 • - s • 4 . 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 we 1 f are of the community. 5. The City Counci 1 f inds that granting a conditiona 1 use Fermit to allow the construction of a detached structure 24'x24' will not be 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 wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, 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 10.28 , Subdivision 3 (A) to permit the construction of a 24'x24' detached garage/storage structure at an approximate height of 12' , subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit within one year of the date of Council aFproval or the special conditions of this resolution will expire on that date (July 9 , 1991 ) . 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. 3. The undersigned representative of Calvin Presbyterian Church has read, understood and hereby agrees to the terms of this resolution and on behalf of the Church its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 3 � Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2827 � - • � Adopted by the Orono City Counci 1 on this 9th day of July, 1990 . ATT T: 1 / � ( �/ o thy allin, City Clerl�'"� Jame R. Grabek, yor � � 1 � Rep e entative of Calvin Pre byterian Church STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of July, 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 I�Q— QGv" NOTARY PUBLIC - MINNESOTA �` HENNEPIN COUNTY � tidy commiasron expiros sas2 P u b 1 i c . N�tary STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this 7 � day of � / , 199C� before me a Notary Public within and f said ounty, personally appeared �p 2 a representa' ive of Calvin Presbyteri Church, kno to me to be ` the person(s ) described in and who executed the foregoing instrument, ancl acknowledged that he (they} executed the same as his (their) free act and deed. ?}IERESA 1.. NAAB � Np?ARY PUBUC- MINNES07A //�� /J Ep�N GOUNN �� �` H cEomm►ss�a+ exPuas 9-8-s2 / Q(l/`— "''�" � NOTARY PUBLIC Page 3 of 3 Clt o� ORONO - Y� � RESOLUTION OF THE CITY COUNCIL • NO. 282� • - • • EXHIBIT A ��'=+ p - - i �;hich is �r;reil=l to th� South line o� the All that paz't of th� follo:rin�-descri:�ec �roo=rtv lyin� �outh of � 1_ne _ Soutlr.est 1�L of Section J4� TZZSIr� i'.2;'+�, �'�d uhich rass�s trrou�h a point on the �ae9t iine of said Southvest 1�4 ana 1876.0 fePt t:orth of th.^. Souttiwest cr,rr_�r t��reof: Cos�encir.F at a coir_t on the ldest line of said Southu=st 1�4 at a ruint 1S76 f�=.t North oi th� �ou!.hue:t corcir�r of sairi Sosthwest 1�L; thence 3outh alonP said 1Jest line to a .poin� 6i-3/C rods Sout� of tk:� i�orth�i�st cor::=r c,r said Southw�est ].�L; the.^.^e �'.qst 42 rods; ther.ce 1;orth to the point of inte:s�c�ion with � 'in� Px-t�n'�c -os�^ri�: fro;n t:�F roini of corr.m�r.c�rent ��arallel aith the oo::tn iin� of said South- �.:es� 1j4; th�nce 'n`est alon�- s:^.;d pare11=1 line to th' ^oint of comr;sr.c�:r�n`., accordizc to ��� J.5. Govern.�ent survAy t1�=.�o:. �'ac� B :1i tnat oart of tha Soutcurs:. �jL of Src'_ion 31., 'I'll3t�, i:23'�l, describec ris .`ollo��s: Coynencir.c �t a point on the W�s� '_ir.^ of aforeseid Scuthcre�� 1/L a o:sts^c= ef 1GlR.S75 f^r�t (ol-:�L rc�ds) Sovth o: th.= P+o:th�.�est comer thereof; tt.e::c� :ast and parai=^1 �.�it:: th� 1�orth ',in�� of �=ii� Sou:h4��st 1�4 a di stance of <l:. ;eet (12 rods, 16 feet) to a Point, said point beinF the tre^ poin, of b��i.r.ie;- of t�� nror�rt:' br.in� cPsc:ic�d; tn^nce c�:tir.uing �ast an said last-descrioed �ine :21.LS5 iPet �1° 47 roes); th�r.c� �o:�'.r ar,d nui-�11^I ���`.•h ths '.�est li:� . o� s'id °outhuest 1�4 a distance of 810.�7 feet, morP or l�ss, to r: noir.t �:::^:i^h i� '31_'.:` f^et I�or'.:^. of t^e Sout'r. li:�e'of ;�id So::tnuest 1/4, ��asured nare11e1 .ith th= 'dest line of snid South��est 1��; th�nc� tt��st s�td pni'ali^1 uith th= afo-esaia so�tr, 1in� 3z1.255 feet, �ore o: 1ess, to a :oint, sa'_c coint beine 21L f��t �ast of' ti•._ k�est Iin^ o� seid Sout.h•��st 1;�L, -�easureZ Y&railel uith tbe North lin= of said Southw�est 1/4; thence \cr'..� e.nd �errell�l �.�tr th�� i;�st lin� e: seid �otith�,:est 1�� n dist�nce of 310.97 feet, r�orP or lPss, to th�: true roint o.` be['i^nin€• '�act C Lot 1, Bleck 1, 3A11� Atr� ::�e�^s. ne^r;arF�mer�. 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