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Home My WebLink About#3908-amend. to CUP-1997 , � O ' V O O �:b- - CITY of ORONO � ti '�' RESOLUTION OF THE CiTY COUNCIL . �L9kE HO��G N O. `e� � O 8 - S A RESOLUTION GRANTING AN AMENDMENT TO A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 FILE NO. 2235 WI�REAS, Martin B. Schneider (hereinafter the "applicant") has an interest in the property located at 2180 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A, attached (hereinafter "property"); and VVHEREAS, per Section 10.03, Subdivision 5, the applicant has made application to the City to allow for a change in tenancy of a non-conforming use of the property to allow the Lake Minnetonka Environmental School to relocate to the site. NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2235. 2. The property is located in the RR-1B Single Family Residential Zoning District requiring two acres in area. The property consists of 25,440 s.f. or .63 acres. 3. The building referred to as the Hill School was built in the late 1800's and served as an elementary school for the Crystal Bay community. 4. In 1957 the Hill School was purchased by the Minnetonka Art Center and the facility continued to serve the Art Center through 1989. The Atelier LeSueur School has vacated the premises and it is cunently vacant. 5. On June 12, 1989, the City approved a metes and bounds division that divided the Hill School properry from the Minnetonka Art Center. Page 1 of 7 � °� 0 0 �b CITY of ORONO � F '� RESOLUTION OF THE CITY COUNCIL ��`9kE p4��G NO. � 9 � 8 '� SH 6. From August 15, 1989 through September 11, 1990, the Art Center of Minnesota (formerly Minnetonka Art Center) leased the facility from the new owner for the purpose of continuing use of the facility for art instruction purposes. 7. From the later part of 1990 through May 1994, the faciliri•has served as a licensed day care and a dance school. 8. From the late 1800's to the present, the facility has never been used as a residential dwelling. 9. As required by Municipal Zoning Code Section 10.03, Subdivision 5, the applicant has filed for an amendment to a conditional use permit to allow Lake Minnetonka Environmental School to locate in the building. 10. On May 19, 1997, the Orono Planning Commission voted unanimously to recommend approval of the conditional use pernut amendment based on the following unique findings: a. The previous use as a school has existed prior to the creation of the single family zoning district through to present times without interruption. b. The proposed use will have no detrimental effects on the surrounding residential neighborhood. _ 11. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial properry right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 12. The City Council finds that granting an amendment to a conditional use permit to allow the use of the facility as a Lake Minnetonka Environmental School will not Page 2 of 7 � °� 0 0 �, CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCII � �i9kE S�g'�G NO. � � 0 � _ S be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazazd 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council concludes that applicant's proposed use of the properry as a private, non profit middle school for grades 4-8 is a legal non-conforming use of the property and hereby grants an amendment to the conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 5. 1. Applicant shall retain a licensed architect to address code requirements for change of occupancy. 2. This non-conforming use may not be changed to another non-conforming use. 3. Nothing in the Municipal Code shall prevent the placing of this structure in safe condition when said structure is declared unsafe by the Building Inspector, providing the necessary repair shall not constitute more than 50% of the fair market value of said structure. 4. If structure is damaged by fire, flood, explosion, earthquake, war, riot or an act of God, the structure may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to this building or structure is 75% (or more) of its fair market value as shown on the Assessment Records at the time of damage, in which case the structure shall be demolished, and any construction thereafter shall be for use in accordance with the provisions of the Single Family Residential Zoning District. 5. If the non conforming use of this structure is discontinued and remains discontinued for a period of twelve (12) months, any future use of the structure shall be in conformity with the provisions of the Single Family Residential Zoning District. Page 3 of 7 A � ` . � O� O O � � C ITY of ORONO �� G'�' RESOLUTION OF THE CITY COUNCII �9k'ESii�g'� NO. e� � o � 6. Authorities granted by this resolution run with the property not with the applicant, but aze permissive only and must be exercised by applicant obtaining permits from the City to complete the required 'unprovements as set forth in Condition 1 above to be completed prior to a certificate of occupancy being issued and relocation of the school. 7. 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 authoriry granted herein, and shall be punishable as a misdemeanor. 8. Martin B. Schneider has read, understood and hereby agrees to the ternas of this resolution and on behalf of himself, the School, its 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 May, 1997. A EST: � � . rothy M. a m, City Clerk Gabrie abbour, Mayor ��Q7�N `a . �SUe1S�l�_ Property Owners STATE OF MINNESOTA ). ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 27th day of May; 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ` �� . � LINDA S.VEE No public „ ,; ` ' NpjqpY PUBLIC-t�AINNESOTA HENNEPIN COUNTY �';;�.•^� My�ommission Expires Jan.31.2000 Page 4 of 7 _ , . � � O� O O 4 C ITY of ORONO � ti . '� RESOLUTION OF THE CITY COUNCIL �L�kE H.p4�G NO: � � O g _ , S STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPI�V ) On this Jr`� day of��n _, 199�,before me a Notary Public withinandforsaidCounty,personallyappeared a/'.�,'n 8• Sc.�n��der: u rr��a known to me to be the person(s) described in and who executed the fore oing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • LINDA S.VEE ° !/-�-e-- :,,. ` • NOTARY PUBLIC-MINNESOTA •. n ;- HENNEPINCOUMTY Notary Public •-..�•r I�y Commission Expires Jan.31,2000 ,.��.N, STATE OF NIINNESOTA ) ) 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 and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 7 . �� , ,� . . ��. . � i - � . `j f O� � , • O O . - �t � CITY of ORONO � ti . . - '�' RESOLUTION OF THE CITY COUNCIL . � ��`qltE p4�'G . . . • NO. e� � � �8 � � _ SII . EXHIBIT A ' ppEiCEL A � . RICVILLE. according to the recorded plat thereof. Hennepin Lot 5. Block 3� bIA CountY. Minnesota. , pARCEL 8 .00 feet of sai.d Lots 4 and 6. a11 in Block 3, � except the West 69 Hennepin County. Minnesota. ' Lots 4 �d according to the recorded plat thereof. MpFtKV ILLE. � Page �6 of 7 ' . , . . . � _ . ; • , %�' � I---- __ �_ I o ` � - �j►,' , � � _ o � � o --- __ __ --- � � —l�1 f � � �---- =_ � -- � � � . � r-- ___ ; _- ' � � o� -. . � ,- $ ___ —__ :�--- ' � �— � � �___ .� .,; � �o � W ,�, L�� - ,, ('- ;j � .-': � � 1 1 I � � �,. (— � � Q � . �: � � � . , . •-- . � .li i . i i ; 1 i I � I �$�/O u1 �.1 � � � . . , , ��p : 1 N9 • 0 ( . o ,��►��a�, o --- ' � �" --c.9-- •-� 106.00 � f v v GRAsS AREA p� �� . 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