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Home My WebLink About#2865-allowing pool to remain-1990 �� Clt� of ORONO ` .� RESOLUTION OF THE CITY COUNCIL • NO. 2865 • - � • A RESOLUTION ALLOWING A SWIMMING POOL TO TEMPORARILY REMAIN ON TH$ PROPERTY LOCATED AT 1065 LINDEN LANE WITHOUT A PRINCIPAL RSSIDENCE FILE 1476 WH$REAS, the City of Orono is a municipal corporation organized and existing under the 1.aws of the State of Minnesota; and WHEREAS, pursuant to State Statute 412 et. seq. and 462 et. seq., the City Councix of the City of Orono has adopted a community management p].an and zoning reguJ.ations for the protection of the pub�.ic heaXth, safety and general. weJ.fare; and WHER$AS, David and Suzanne Prass (hereir.after "the a�pXicants" ) are the owners of the property located at 1065 Linden Lane within the City of Orono (hereinafter "the City") and ].egal.xy described as fol.lows: Exhibit A, attached (hereinafter "the property" ) ; and WHEREAS, the app�.icants have appl.ied to the City of Orono for special, consideration that wou].d aXJ.ow a swimming pooJ. to remain on a property that does not sustain a principal. , ,�..� residence. NOW, THERBFORE, B$ IT RESOI,V$D that the City CounciJ. of Orono, Minnesota; FINDINGS 1. This appl.ication was reviewed as Zoning FiJ.e 1476. 2. The property is J.ocated in the LR-1B SingXe Fami].y 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 demol,ished as a resuXt of a Hazardous BuiJ.ding Action commenced by the City of Orono. The pool. has remained on the property unattended without a safety cover. Page 1 of 5 ' City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2865 • - • � 4. An older established residentia]. neighborhood surrounds the property. 5. The City has found the pool in it's present condition to be a potentia3. hazard to the immediate neighborhood arld general publ.ic. 6. The property exceeds the required 1 acre in area and 140' width required of LR-1C zoning standards and can legall.y sustain a principa], residence without the need for further variances. The City Council. has considered the applicants speciax request including the findings and recommendations of the PJ.anning Commission, reports by City staff, comments by the applicants, and based upon one or more of the findings noted above, the Orono City Council hereby agrees to allow the swimming pool. to remain on the property without a principal residence subject to the following conditions: 1. Applicant shall instaXl. a safety swimming pool cover by October 30, 1990, and such system has been approved by the City Engineer. 2. Applicant sha1. J. obtain a building permit for construction of a principal. residence on the property by October 1, 1991 and to comp].ete construction and obtain a Certificate of Occupancy by December 1, 1992. From the present unti7, a Certificate of Occupancy is issued for a principal. residence, the appYicant shall. agree to do the following: a. Provide proof of current insurance coverage for the City of Orono' s official records. b. Maintain snow fencing around poo7. area and maintain pool cover to provide necessary protection. c. Appl.icant shall provide to the City written . confirmation, preferably within the first week of each month, that poo]. is being maintained in a safe manner as recommended above. Page 2 of 5 Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2865 • - • • Adopted by the Orono City Council of the City of Orono on this lOth day of September, 1990. ATT T: , v / r � t Do thy M. ll.in, City CXerk Jame R. Grabek, Mayor I Property Owner(s) � SIONEY I. WEI�'BERG STATE OF MINNESOTA ) -!� NOTARY PtlBLIC-WIINNESOTA ; HENNEPIlyfCOUNTY � ) S 8. My Commisaion F,,ipires May 11,t99� � COUNTY OF HENNEPIN ) u , % \ The foregoing instrument was� acknlowl.edged before me on this lOth day of September 1990, by ames R.\Grabek & Dorothy M. Hallin, Mayor & City Cxerk of th City of Orono, a Minnesota municipal. corporation and said ins rument was executed on behal.f of the City. . � otar ublic 1 � � M C sion xpires Page 3 of 5 , � City of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2865 � - • • STATE OF MINNESOTA ) ) ss. COQNTY OF HENNEPIN ) 30� On this 0 y9l�ia� of aGTO�iER � 199 a before me a Notary Pu ic within and for said county, personally appeared L1HVI� �PR/�SS 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) f ree act and deed. � .;::�w�;;, SIDNEY 1.WEISBER(i NOTARY P LIC • ; ,�� NOTARY PUBUC-MINNESOTA �� HENNEPIN COUNTY : �'•�a„.y:.' My CommiaafOn Expirss Mey 11.1991 : �..,,��, /� /95 � � MY CO I ION XPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this 30'T1f day of � �f�0`� . 1990�. before me a N tary Public within and for said County, personally appeared _�� i9 N1�I C �R/�S•S known to me to be the person(s) described in and who executed the f oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � NOTP,RY PQB IC SIDNEY I.WEISBERG � NpTARY PUBLIC-MINNESOTA � � HENNEPIN COUNTY ; ��p�qn�On Exp�res May„,,99, � I/ /�� t - MY CO ION XPIRES � � � „ i Page 4 of 5 � ; Cit� of ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2865 • - • • LEGAL DL•'SCRIPTION: ' • 7.'hat .pa�'t of Lots Ten ( 10)., L'leven ( 1 1 ) and .Twelve ( 12 ) , "Linden I3each, " described as �follow�s:. � Beginning at the Southwest corner of said Lot � 'Pen ( 10) ; thence �ast alonq the South :line of said lot, a. distance of Eighty-f�ur ( 84 ) feet; thence Northwesterly along a line, whict� would intersect ' the North line �of Lot Twelve ( 12) at a �oint One Hundred Eighty-five ( 185 ) feet �ast of .the Northwest corner of said Lot Twelve ( 12) , to a point in said Northwesterly line, which is fifty-two ( 52) feet Southeasterly measured along said line from the .North line of Lot Twelve ( 12) ; thence West parallel with the' North line of ,Lot Twelye ( 12 ) to the West line of said Lot; thence Southeasterly .along the Westerly line of Lots 12, 11 and 10 to the point of beginning, including one-half' ( 1/2) of Linden Lane, vacated, . adjoining said lots; according to the plat thereof c�n file and of record in the office of the Register -of Deecis in and for Henne�in County, Minnesota .ALSO � Lots Six ( 6 ) , Seven ( 7 ) , Eight ( 8 ) , . and Nine� ( 9 ) , Linde�� Beack�, according to the pl�t thereof on file and of: record in the ��fice of the Register of Deeds in and for IlennePi►i County, Minnesota . ; < t Page 5 of 5 � i r i