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Home My WebLink About#5291- CUP-2005 O O � a CITY of ORONO RESOLUTION OF THE CITY COUNCIL .es H04� NO. ). A RESOLUTION GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH MUNICIPAL ZONING CODE SECTION 78-418 (8)(B) FILE NO. 05-3070 WHEREAS, Jerry R. Boldenow and Barbara Allison-Boldenow, husband and wife (hereinafter "the applicants") are the owners of the property located at 70 North Shore Drive West within the City of Orono (hereinafter the "City") and legally described as follows: Lot 2, Block 1, Chadwick, Hennepin County, Minnesota (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit in accordance with Orono Municipal Zoning Code Section „ 78-418 to allow a non-rental guest apartment within the principal residence. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS y 1. This application was reviewed as Zoning File 05-3070. 2. The property is located in the RR-1B One Family Rural Residential Zoning District which requires a minimum lot area of 2 acres and a minimum lot width of 200'. 1 3. The Planning Commission reviewed this application at a public hearing held on February 22, 2005 and recommended approval of the conditional use permit based on the following findings: a. The property has an attached and a detached garage and adequate outdoor parking to serve a 4 bedroom residence. } Page 1 of 4 ® � CITY of ORONO 3 RESOLUTION OF THE CITY COUNCILS NO. 90 1 kESTr�D '' b. The property has a mound septic system sized for 4 bedrooms. Including the guest apartment bedroom there are 3 bedrooms in the home. The septic system is appropriately sized. c. City Code states that there shall be at least one access door to the apartment from within the principal structure, and such door shall be the primary access to the apartment. There are a total of three entry ways to the guest apartment: 1.) through the garage, 2.) directly from the outside behind the garage, and 3.) by an interior stairway accessed r through the home's kitchen. d. The utilities for the guest apartment are not separate from the residence. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit 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 hereby grants a conditional use permit in accordance with Orono Municipal Zoning Code Section 78-418(8)(B) to allow a non-rental guest apartment within the principal residence, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits Al, A2 & A3. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The one main access to the principal residence shall be maintained. a 3. The utilities for the guest apartment shall not be metered separately from the ti principal residence and the apartment shall not have a separate street address. 4. No rental of the guest apartment shall be permitted. Page 2 of 4 4,1 CITY of ORONtiO RESOLUTION OF THE CITY COUNCIL S NO. 5. Authorities granted by this resolution run with the property not with the applicants. 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 the applicants and the applicants' 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 the 10 day of March, 2005. ATTEST: tirida S. Vee, City Clerk Barbara A. Peterson,Mayor Pr ptyiwner(s) v/ STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this Re day of 12)a-ja,— , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ISTI B.ANDERSON DERSON NOTARY PUBLIC-MINNESOTA Notary Public My commission tyres Jan.31.2007 iii4t t' Page 3 of 4 7� CITY of ORONO RESOLUTION OF THE CITY COUNCIL k'EsI'10 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of .; 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. v r RACHEL DODGE — -r s NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2010 t STATE OF MINNESOTA F COUNTY OF HENNEPIN _ , This instrument was acknowledged before me this 2-1day of � a/'�: , 2005 by Jerry R. Boldenow, husband of Barbara Allison-Boldenow. :+ � ,e' i"t'.Ly :NOTARY E M. LESKINEN' ' PUBLIC-MINNESOTA Notary Publicion Expires Jan.31,2010 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2,1 day of- t' =-, 2005 by Barbara Allison-Boldenow,wife of Jerry R. Boldenow. f DENISE M. LESKINEN NOTARY PUBLIC•MINNESOTA Notary Public My Commission Expires Jan.31,2010 Page 4 of 4 Ac i j CERTIFICATE OF SURVEY FOR JERRY BOLDENOW CONSTRUCTION ' OF LOT 2, BLOCK 1, CHADWICK HENNEPIN COUNTY, MINNESOTA i \ •� 4; PF r , 9 eV•4r1.00'k=427 4 yr LO .00 I I 1 --'=- ---• — erg•"«iss6o"-••--•' -•v.. w :.. //�%/j•JG \/v �c ` r.Q 4,45 DETAIL -20' LEGAL DESCIRPTION OF PREAM, ype Lot 2. Block 1, CNADWC< This survey shows the bounder Isof the drove described property, and the 's Proposed location of a proposed house and garage.It does not purport to show any other Improvements or encroachments. PRWQ=E"Aram(VOWY WITH M&W) a from marker 1) a�yA�. /av P.a ��woemm,, Existing spot elevation 1) TaP aP FaUmAlfal+ /oaP.3 ® Proposed Vat elevation 3 BASUAW 991.5 Bearings shown are based tqm an asw rned datum —we—s f�Jet4,q eontav -NPS-: Psapoere antaw z w4ml GATE OEBrA9taR I HUM CW"TRAT TNS FLAK SPUFTATICK OR RUM m" 9Fa GRONBERG&ASSOCIATES/INC, 7=7PIAPxIAAF4467YtYEQa9RmPf04FEMT4Y9Mk rex1M0040 --mr CmTm am=Um Won ME PAM "M am as ass W se SUN 0r WCOTA 5/30/02 --. 445 N.WLLOW QR. UM LANE,x01 55358 .ae Ha 851-473-4141 mm OATS — m u ma wears LZrP 02-168 02-168 •�x�� T Ay _ s 7AM 14_ r—.� G � ,` it �� I � • ; -= • Sc e � I ,i ��—jl 1 �� 1 1 _ p I ter: I ; s S �t I / I / I � _J I �r t I I L_J 1 r I , OI • t f