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Home My WebLink About#4126-CUP/duplex-1998 , „ �/-��'�; 704fi43�_ , ;; � \, ,,O 0��, �' �'�� CITY of ORONO i i b� �� '1`� � '! F I RESOLUTION OF THE CITY COUNCIL ��1 �G��i ��S�� No. 4 � � � � A RESOLUTION GRANTING A CO��tDITIONAL USE PERMIT FOR DUPLEX USE PER MITNICIPAL CODE SECTION 10.20 SUBDIVISION 3(n FILE NO. 2340 VV�EREAS, Robert& T�s Waacie (here�nafter "the annlicants") are the �wners of the property located at 3280/3290 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lot 2, Block 1, Maxwell Landing,Hennepin County, Minnesota (hereinafter the "property"); and VVHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Section 10.20 Subdivision 3(I) to allow the use of a single lot for construction of a residential duplex structure containing two dwelling uni�s. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2340. 2. The property is located in the LR-1C-1 Lakeshore Residential Zoning District. 3. The property is 0.50 acre in area and 170'in defined width along its easterly boundary abutting Outlot A(said boundary to be henceforth considered as the front lot line)and therefore meets the 17,500 s.£ (0.40 acre) and 135' lot width standazds for a duplex use within the Shoreland Overlay District;and meets the 0.50 acre and 100' lot width . minimum standards for a duplex in the LR-1C zone. 4. The entire property is adjacent to and located within 200' of the B-2 Lakeshore Business District and has been provided with and assessed for municipal sanitary sewer,and therefore meets the standards established for the"Duplex"conditional use in zoning code Section 10.20 Subdivision 3(I). Page 1 of 5 i- --_\ . �� \ �� , , � �,�, �' CITY of ORONO ��,, � �., - � ;I , ; \\�� G'�%� RESOLUTtON OF THE CITY COUNCIL ��kESH�¢�� NO.� � 1 � � \�._�� 5. l The Orono Planning Commission held a public hearing and reviewed this application on February 17, 1993 and again on Mazch 17, 1998 and May 18, 1993. Members of the public commented on the proposed duplex use during the public hearing process and their comments and a submitted petition opposing the duplex use are on file. On May 18, 1998 Planning Commission voted 5-1 to recommend approval of the requested conditional use permit for duplex use based upon the follow�ing findings: a. The criteria established by ordinance for a duplex use aze complied with. b. The property comprising the Maxwell Landing subdivision is of a size that would have allowed a 3 unit development density if developed as a PRD, hence the proposed single family use af Lot 1 and duplex use of Lot 2 are not inconsistent with the development density that would have otherwise been allowed via a PRD which is allowed in the LR-1C-1 district. c. The east line of Lot 2 should be established as its front lot line. d. Lot 2 does not abut the lakeshore,does not qualify for lake access under City code standards, and should be prohibited by covenant from gaining lake access via easement over Lot 1. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments hy the applicant and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. 7. The City Co�mcil 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 a conditional use permit for the proposed duplex use would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, nor would it depreciate surrounding property values; and that the proposed level of use of the property would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 , /��\ • �� O�\, ,/,�� Q`;�� '� �� CITY of ORONO 1 I, 9b I� i II '� � � j� \\`�j, �y /I �;�.� G'�'/' RESOLUTION OF THE CITY COUNCIL \\�`4IfESH�/ NO. 4 �. � '� � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings,the Orono City Council hereby grants a conditional use pernut for duplex use of Lot 2, Block l, Maxwell Landing per Section 10.20 Subdivision 3(I) subject to the following conditions: 1. The proposed duplex structure shall meet all required setbacks, hazdcover standazds and other requirements of the zoning code. No variances will be granted for said � duplex structure. 2. Both units of the duplex shall gain access to North Shore Drive via Outlot A, Maxwell Landing ;. The east boundary of Lot 2 abutting Outlot A,Maxwell Landing shall be considered as the front lot line for zoning purposes. 4. Applicant shall execute a covenant to be filed in the chain of title of Lots 1 and 2, Ma�vell Landing,prohibiting the granting of lake acess via easement or other means over Lot 1 in favor of Lot 2. 5. 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 approval, or this conditional use permit will expire on that date (July 27, 1999). 6. 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. 7. 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. Page 3 of 5 . . ; � . , ' • ��_� �,, � �� , ��O O`;�, ;j �.b - �� CITY of ORONO ,,, � �;`: ti -, \� � G'�'�' RESOLUTION OF THE CITY COUNCIL \\�kEBH�/ NO. 4 � � �3 �� Adopted by the Orono City Council on this 27th day of July, 1998. t j1��r 'A�TES`F�;'.,; �� ' ;� ;� , a' ,; a� � -� ; i, � t,, �� i �,; � rl� � �ee�,G�t}��.eterk Gab el Jabbour, Ma or ,� .�. ,� , ,, . 7 • ry3 '' t .. ' 2 t � t: � . �\q` . � , � J/_ �`\\\ `✓ . ��y�s �y�� :�-•'�'"� ��ii � -�'� �--� r�.�..� � L--� Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of July, 1998,by Gabriel Jabbour& Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ` � � �—f-� �.> u . c . , . �ry/�-•'�. CAROLE A.HASEMP.N Notary Public S�' (=;�'x:M.��, NOTARYFUBUC-MINNESOTA � t� �\��- ; HENNFPlNCOUNTY � c�' � Ny Ccmmission Erpires J2n.31.7000 i, , .__ ._.�°:.�_%?�c',�.'�"_ .�;:_ _..<:l Page 4 of 5 �, . ' � ' . ��"p \ ;� � � �,, ;� O O� C ITY of ORONO I� �,d' ' :�,� � ��/I11 ��.�.�� G'��i RESOLUTION OF THE CITY COUNCIL ��.�9 ,��,/ rvo. 4 .�. � � ��5� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��( day of T, Y; ��c� r , 199�, before me a Notary Public withinand for said County,personally appeared�erf �l�,c�� r;�L(�GdP h��:,��. .v;��. 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. n� CAROLE A.HASEMA.N � �' � -�-� � �(.� NOTARY PUBlIGM1NhESOTA Notary Public � "�-'�'' .' HENtJEFIN COUNTY i � -- � My Cr.mmission Erpires Jan.31.2000 ;� � _ _ r r•_.s ,.":�:'c"�.'�"_`.�..':. �.. - .7 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 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 5 F ` , . RESOLUTION# 4 1 �' � STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on Julv 27. 1998 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 29th day of Julv , 19 98 . 1 ` . U�� ;; ' �`� a�•�� Linda S. Vee, City Clerk �',,,, :;,�:� = �� ;. �• ,�bi` � ri �}4 � � l,� � r, , ,jr�r r r ' � ` 7'HANSFE�? ENTERED •'� � t` � '`� �` ' �' " lENt�EPIN COUNT`f TAXPAYER SERVECES ' :`h�� tr � y.`�K t a: �-�� `e, , '' � JAt� 27 1� HE 1 CO A,itNN, BY �PtJTY ��;, '''� �OG � � � rsJ ,CV Cu a � � � {G �7 �-., � � , r � � tS �; {`a.� f.�; iTt 'r!`� e-� .4,. � a -: ri � ,, .rs.n� �j •,1 . � �'�'., � .r � � ' - . 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