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Home My WebLink About#3572-CUP-1995 r — ' . , , , � O ' V O O\ �.4._� CITY of ORONO � � �',� �'ti RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. e`� e�D � � =: A RESOLUTION GRANT'ING A CO�tDITIONAL USE PERI�ZIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIO:�` � FILE NO. 2024 Wf�REAS, James T. Wilson (her�inafter the "applicant") ras an interest in the property located at 2565 Lydiard Avenue within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A attached (hereinafter "property"); and WHEREAS, per Section 10.03, Subdivision 5, the applicant has applied to the City for a conditional use permit to allow the continued residential use of the property, a use not permitted within the B-4, Office and Professional Business District. NOVV, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1, This application was reviewed as Zoning File #2024. 2. The property is located �t�ithin the B-4, Office and Professional Conun�rcia: � District and LR-1B, Lakeshore Residential Zoning District. The majority of the 33,239 s.f. property is located within the B-4 Zoning District. 3, In 1959, the City issued a buildin� permit for the construction of the residence and commercially-used portion of the structure. The 1950 Code at that time did not specify specific allowed uses within the "commercial district". 4. In 1967, the Code was amended and created a specific zoning district with a list of permitted uses redefined as the B-1 C�asl� 950ictThe 1967 C de boun dary l i n e s r e m a i n e d a p p r o x u n a t e l y t h e s would allow only multiple dwellings with a conditional use permit. Single family residential use was not listed. Page 1 of 6 t, , . , , � O� O � f ORONO ��e..� CITY o � � ,� G'ti RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. � � "7 � - 5. In 1975, the City amended the Zoning Code creating a B-4, Office and Professional Zonina District, and rezoned the subject property to B-4. The existing retail use conducted in the "fabric shop" would have been considered non-conforming. (. There is no record of the owner of the property obtaining a conditional use permit to allow either the single family residential or retail use to continue on the property. '7, Valerie M. Elliot owned the property from 1959 through to the present. The property is now being offered for sale. Applicant has applied for the required conditional use permit to allow the continued residential use of the property. Applicant's proposed use of the commercial part of the structure for office professional use is conforming with the existing B-4 Zoning District. g, The location and layout of the residential and commercial uses within the structure are compatible with the older established residential neighborhood on Lydiard Avenue to the south and west and to the commercial area to the north and east along Shadywood Road. 9, There is a duplex dwelling to the immediate south of the property at Lydiard Avenue. 10. The City is in receipt of a letter from a Lydiard Avenue resident approving applicant's request to continue the residential use of the property and not restoring the entire structure to commercial office use. The City has received no negative oral or written comments from adjacent property owners. 11. Applicant proposes no expansions of the existing building envelope. 12, On June 19, 1995 the Orono Plannin� Commission voted to recommend unanimous approval of the conditional use permit based on the following findings: a. The single family residential and commercial use has existed on this property for approximately 37 years. Page 2 of 6 R • f � . . � O� O � RONO �., CITY of O � � �',� G'� RESOLUTION OF THE CITY COUNCIL �9kESH0g� NO. 3 � "r � b. The uses as proposed will be compatible with the surrounding residential and commercial districts. 13. The City Council finds that granting a conditional use permit to allow the continued residential use of this property 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 neighborina 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. 14. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that the single family residential use of this property is a legal non-conforming use and hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5. This approval is subject to the following conditions: 1, Applicant shall be responsible for obtaining a Hennepin County Department of Transportation permit to allow the trimming of plantings within the County right- of-way adjacent to the Shadywood curb cut in order to meet required sighting distance to ensure safe exiting from the property. Further, applicant shall either relocate curb cut within the property or obtain an easement from property owner for portions of paved curb cut that encroach property to the immediate north. 2. Applicant shall designate three parallel parkinJ stalls along the south side of the paved drive as shown on Page 6 of this resolution. Applicant shall complete the designation of the stalls prior to the Ciry issuin� a building permit for remodeling within commercial area of structure. Page 3 of 6 � . . , - + � O ` Y � � TY of ORONO .' _ CI � � `�',� G~ RESOLUTION OF THE C�TY COUNCIL l w rvo. 3 5 '?' w 9kESII�4 3, Applicant's accountina business shall be limited to four employees and signage for the business use shall be limited to one si e cial use.� S�e to the single sian on the properry that served the former comm 4, Authorities granted by this resolution run with the property not with the applicant but are permissive only. 5, Violation of or non-compliance with an the Zonin Code a shal lautomatically resolution shall constitute a violation of g terminate any authority granted herein, and shall be punishable as a misdemeanor. (. The undersigned applicant has read,ri�s lf,�hs he rs� succe s orss and ss g S o f t h i s r e s o l u t i o n a n d o n b e h a l f o hereby agrees to the recording of this resolution in the Chain o f Ti t le o f t h e property. Adopted by the Orono City Council on this 26th day of June, 1995. ATTEST: . � � • orothy M. all , City Clerk Edward J. Calla , Jr., ayor � � p e Owner(s) Page 4 of 6 � . . . � O� O � �,� f ORONO .,. - ;; CITYo � �� ',� Gti RESOLUTION OF THE CITY COUNCIL ��kESH�� NO. Q � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of June, 1995 by Edward J. Callahan, Jr. and Dorothy M• dain t men� w sd xecu ed on behalf of the Orono, a Minnesota municipal corporation and sa City. . �•.. JAMIE L BOSMA - ;��' '` ' NpTARYPU6UC-MINNESOTA ` ;?u,F�' �� • -• ; HENkEPIN COUNTY �•,�.:•� �,Ay Commission Expires Jan.31,200o Notary,Pu lic , � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,�i � �� day of Cc�►�t-� , 199 5 , before me a Notary Public within and for said County,personal ppeared � known to me to be the person(s) d cribed imena Y� ��e r�tf ee act and deedinstrum , and acknowledged that he (they) executed the sa ._ �.:�.t��r>; , o� -�., JAMIE L.BOSMA ' . NOTARY PUBLIC-MINNESOTA • �� . HENNEPIN COUNTY ^� ._. _ : . ' �,..••' My Commissiai 6�ires Jan.31,2000 � Notafl� blic i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County,personally appeared known to me to be the person(s) described in ana �° �e)f ee act and deed�t�ment, and acknow le dge d t ha t h e (t t:e y) e x e c u t e d t h e s a m � Notary Public Page � of 6 ' - l . .� �C.z'� . . a ��f .,\ �o ; ,� . h,. pK�4�r�* � 'j,��;UJ bin<k rer L�f �, �.1{,� k 1 � ��.:- Q3 5 '7 � ~#� ,1— �?:>� l• �1-a{•i�•..�, ,•�.;,i �p. ��,�i�v � `�,,j`. ��/ . 5,�t�7`� � ..�^�, , � :�-t,� < �, .��" '�� •_:;� ,��, 0 4�~"!�:• :�� '�?• �Y l -�v. . 2 � -' ��' �� Ij �(�i ' ��k,:-'< �"'R Q t-�"��::��.";s:,. ..<. �9l `:�•z�_''y s,.x:`i " o R� / � 'a�� '.c* �ri`y� �Oo�� G �� . �� ;'i . �: . �•_ Tty ,Q .; +d ��Z � �`-,`5�.��- z, ,; ti-'r,_;�.,-'�cr�;��.-ti?.:- . .t�:�� sj?89 I � �� r•'`�D"'4.:;jY�'s'�`�..'�'r''":.t::.i;,� yx d� I �`-s. .��:f','��y :_�.,�,*. �� ic 1�^0 t{� 't•,r�r`��'1�i_ "i•r G , Y 1 •�". �� ~�.�:,'f�?•�,.. �r-�]�{�.:� t, �� -:," y.` -q�._ � �f �Y. {; . a� ':�•:.i�Si o.�c4 .�S- .i '�;..".i':r�r�=��`��: : �, 'r q�� v�a,�e. --•' ,.�, �.,� � • 'b�' '°.� - 'r�===' �. ,$, ° ---ze.�-�-- so' � �• e` ,�y r ��.' 3 j' i�' � O ' �� O r�� O a�' � � A� — _ Q tj/ � °' Existing � � � � � Deck = � conc. � � ev a Hovse "":"", Q� � — 4+, _ „ s.,.:.�� =�,�:.Lt:.$,.�:�.r�=�� ...4 f•�: � of' � N '��.e.}��=.s.+,w-��j•' '��`1 E t.71;�.:.;��;};�.r5,�!�,�1 sai�` �;: E4 S i I� `Y�,�. �� ti ?a�. � tr _ �o t b 3�.t .TOWNs Z caN�e � � � ; � � � � a � .-.,, � � : .....�� : � .�:� 297 39 �''� '��WEST 33.oD�� l , . . , 33� �� .._ ... . _. �. _ . Page6of6 5O � : � . , . - - � O ' V O O ONO :,. - CITY of OR � '� � ,� G'� RESOLUTION OF THE CITY COUNCIL �9kESHOg'� NO. `e3 � "7 � EXHIBIT A LEGAL DESCRIPTION That part of Lot 6, Block 4, TOWNSITE OF LANGDON PARK, lying North of a line drawn at right angles to the East line of said Lot 6 and distant 1156.19 feet South from the Northeast corner of Section 20, Township 117 North, Range 23 West of the Sth Principal Meridian, and running to the Northwesterly line of said Lot 6, subject to an easement for street purposes over the East 33 feet thereof; also subject to the rights of the public in that part of said lot now used for County Road No. 19.