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HomeMy WebLinkAbout#3244-CUP-1993 0-(11:\°4170CITY of ORONO • . . T, RESOLUTION OF 1HE CITY COUNCIL 44+ ‘ 'il4,4*1.i;iO4\1: GI: 4kEs8 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) FILE NO. 1802 WHEREAS, Orono Independent School District #278 (hereinafter the "applicants") owns the property located at 770 Old Crystal Bay Road North within the City of Orono (hereinafter "City") and legally described as: the west 642.00 feet of Lot 2, Block 1, Crystal Crest, Hennepin County, Minnesota (hereinafter "property"); and . WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the construction of a 36' x 50' addition at the southeast side of the existing day care/school structure to be used per Municipal Zoning Code Section 10.28, Subdivision 3 (A) referring specifically to schools. NOW, 'THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1802. 2. The property is located in the RR-1B Rural Residential Zoning District requiring two acres in area. The property consists of 4.48 acres. 3. On February 16, 1993, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: a. All pertinent standards of the Municipal Code Sections have been satisfied. Page 1 of 5 Fano 5005 Oitt Oruro T Ofiv\° CITY of ORONO �� RESOLUTION OF THE CITY COUNCIL 'j D" NO. eP �y 9xE8videl b. The proposed addition and the use of the expanded structure per Municipal Zoning Code Section 10.28, Subdivision 3 (A), referring specifically to schools, will have no negative impact on the surrounding residential zone and developed properties. c. The proposed addition will not create the need to redirect drainage. Drainage will continue to sheet flow over paved areas to southern lot line and eventually to drainageway within municipal owned property. 4. The Council finds that granting a conditional use permit to allow construction of an addition to the day care/school structure 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 neighboring properties, nor will its use depreciate surrounding property values: and that the use of the property for school-related uses will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. 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 hereby grants a conditional use permit per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit construction of a 36' x 50' addition to the existing school/day care structure per plans submitted by EOS Architecture dated January 22, 1993, Sheets 1 - 3 (P) and as amended below for the property located at 770 Old Crystal Bay Road North, subject to the following conditions: 1. Applicant shall provide an executed Developer's Agreement to ensure all required improvements have been installed per final submitted for this review. • Page 2 of 5 Form 5005 Disk Orono . 3 r O O CITY of ORONO O , Ar, RESOLUTION OF THE CITY COUNCIL ‘�� �' �F NO. t, '-�, 41/r Esti 2. All traffic flow, stop and fire lane signage location shall be determined by the Orono staff. On-site traffic shall be one way and controlled with appropriate signage. 3. The new addition shall be installed with an approved sprinkler system and a fire alarm system shall be tied to the sprinkler system. 4. Upon application for a building permit, the applicant shall provide architecturally drawn plans signed by a licensed architect. Applicant will be responsible for making necessary SAC payments and for any additional sewer or water charges at the time of issuance of the building permit. 5. Authorities granted by this resolution run with the property not with applicant but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (March 8, 1994). 6. The uses permitted on the property are as per Municipal Code Section 10.28, Subdivision 3 (A) referring specifically to schools, and are further limited to the uses approved in State Statute 121.88, Community Education Programs.. 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 authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned authorized representative of the Orono Independent School District #278 has read, understood and hereby agrees to the terms of this resolution and on behalf of himself or herself, his or her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Fa,5005 Disk Orono ‘4 -43 .110CITY of ORONO .4,.... RESOLUTION OF THE CITY COUNCIL p4 4NO. 4 -. 8H Adopted by the Orono City Council on this 8th day of March, 1993. ATT,' T: A / . ,/, '-)--) i // - Cel ! . v G�/��-�'t- ,.., - Dorothy M. I-42 lin, City Clerk Edward J. Callahan', Jr., Mayor ALP • i � ' amt. Prop- Owne (s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of March, 1993, by Edward J. Callahan, Jr. 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. N- CAROLE A. HASEMAN �2�J �.c��/ �r../ 1:714. NOTARY eueue-YMIESdTA HENNEPIN COUNTY Notary Public w COIWSSION EXPIRES 114345 Page 4 of 5 Form 5005 as Orono Y w C :k\s‘O,�' CITY of ORONO ,. RESOLUTION OF THE CITY COUNCIL 44 it' _,� C NO. v H.. _. ��9kE!��►Og,�G 38 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /8-th day of /A u y , 199 3 before me a Notary Public within and for said county,personally appeared Neu/ J Lu visor 1 cc;,c M o ri 2J rep re serrk d v e, o� 0e0No 5chcb! b4-t' - 02.7g 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. ..x^ LINDA S. VEE 4zt v-«_, ',* : NOTARY PUBLIC - MINNESOTA '"-= HENNEPIN COUNTY NOTARY PUBLIC sLr# ` My commission expires 8-12-98 _ 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 Page5of5 Foam 5005 Disk Orono