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Home My WebLink About#3433-CUP-1994 6326883 •,?. 0.4 . CITY of ORONO O • O t` 1/4 , RESOLUTION OF THE CITY COUNCIL I\ � ti NO. 3433 �� ti '�',t9�#�l�Iog�G ESS A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 FILE NO. 1932 WHEREAS, Orono School District No. 278 (hereinafter the "applicant") owns the property located at 795 Old Crystal Bay Road North within the City of Orono (hereinafter "City") and legally described as: Part of the North 1/2 of the Northwest 1/4 of Section 33, Township 118, Range 23, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit and setback variance to permit construction of a 12'x24' concession/storage structure to be located 41' from the west side lot line instead of the required 50' setback, per Municipal Zoning Code Section 10.28, Subdivision 3. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1932. 2. The property is located in the RR-1B Rural Residential Zoning District requiring 2 acres in area. The property consists of 130 acres. 3. On May 16, 1994 the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: a. Proposed structure will be located 1,000' from the shoreline of Lake Classen. b. The structure shall be located to the eastern edge of an existing concrete slab which is located 4' from an existing fence along a first base line. TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES Page 1 of 4 AUG 17 Hr:+��•. / /"rte, h Ty a./ Form 5005 Disk Orono • , Y O CITY of ORONO RESOLUTION OF THE CITY COUNCIL A A , ( ti NO. 34 ` 3 4kESIIog' c. If the structure was to be placed between the side lot line and the fence and conform to the required side setback, the structure could be no more than 7' wide. d. Structure has not been placed to the eastern edge of the existing concrete slab in order to provide enough space for persons to view game from the over hang along east side of structure. 4. The City 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 property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The Council finds that granting a conditional use permit to allow the construction of a 12'x24' concession/storage structure as set forth in the plan 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 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 hereby grants a conditional use permit and variance to Municipal Zoning Code Section 10.28, Subdivision 3 to allow the construction of a 12'x24' concession/storage structure to be located 41' from the west side lot line requiring approval of a 9' or 18% setback variance subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this Page 2 of 4 Form 5005 NO Orono O O CITY of ORONO s ----(-)1"----° .`a �� RESOLUTION OF THE CITY COUNCIL Ai `` ��, NO. 3433 ESH variance/conditional use permit will expire on that date (May 23, 1995). 2. 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. 3. The undersigned authorized representative of Orono School District No. 278 has read, understood and hereby agrees to the terms of this resolution and on behalf of the School, its successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of May, 1994. AT I ST: ,- / ;€7,11, ' othy M allin, City Clerk ward J. Call. , .n, Jr., Mayor / cil. cw Authorized_ Representative of Orono School District No. 278 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of May, 1994, 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. ,_4--/-214_ i C/a-- n;. LINDA S. VEE Notary Public '; NOTARY PUBLIC - MINNESOTA , " HENNEPIN COUNTY My commission expires 8-12-96 Page 3 of 4 Form 5005 Disk Orono 1 #6 CITY of ORONO -')\-*-, ; RESOLUTION OF THE CITY COUNCIL aK '" NO. �3 4 3 2 � Cd�' tiE88o*� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 3a day of Ji. - , 199 L/ , before me a Notary Public within and for said County,personally appeared A/eu/,, t 'son, /''tss-s4;r.0f /c Sy eirmknoleni . li,eoA- known to me to be the person(s) described in and who executed the foregoing instrument, and aGsfe c r acknowledged that he (they) executed the same as his (their) free act and deed. -#- ois 7g X � i/iza- pl.t1,1 LINDA S. VEE 'J NOTARY PUBLIC - MINNESOTA Notary Public HENNEPIN COUNTY w_ " My commission expires 8-12-96 s, 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 4 of 4 Fano 5005 Disk Orono • y • RESOLUTION # 43 4 ei STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO I Dorothy M. Hal lin , 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 May 23 , 1994 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 1st , day of June , 1994 •z s o othy . Hallin , City Clerk POPHAM HAIK SCHNOBRICH & KAUFMAN, LTD. U.S.OFFICES. SUITE 3300 INTERNATIONAL OFFICES. 222 SOUTH NINTH STREET LEIPZIG,GERMANY DENVER.COLORADO TEL 303-893-1200 MINNEAPOLIS, MINNESOTA 55402 TEL 01149-341-4918429 TEL 612-333-4800 STUTTGART,GERMANY MIAMI, FLORIDA TEL 303-530-0050FAX 612-334-8888 TEL 01140-711-22363 WASHINGTON,D.C. TEL 202-962-8700 J. CARRIE L BAZELLA DIRECT DIAL(612)334-2696 rSEP. i 6 1994 September 15, 1994 Dorothy _Hallin = _ =' City of Orono P.O. Box 66 Crystal Bay, MN 55323 Dear Ms. Hallin: Enclosed please find the following documents filed in Hennepin County: 1. Resolution No. 3419 (file no. 1851), recorded as 6323617 on 8/9/94. 2. Resolution No. 3316 (file no. 1841), recorded as 6330479 on 8/24/94. 3. Resolution No. 3440 (file no. 1931), recorded as 6329632 on 8/23/94. 4. Resolution No. 3453 (file no. 1943), recorded as 6328633 on 8/23/94. 5. Easement (Burlington Northern Railroad Company), recorded as 6330477 on 8/24/94. 6. Special Lot Combination Agreement (Goetten), recorded as 2544380 on 8/23/94. 7. Resolution No. 3432 (file no. 1925), recorded as 6326970 on 8/17/94. 8. Resolution No. 3411 (file no. 1910), recorded as 6326882 on 8/17/94.. 9. Resolution No. 3433 (file no. 1932), recorded as 6326883 on 8/17/94. 10. Resolution No. 3445 (file no. 1939), recorded as 6326884 on 8/17/94 11. Resolution No. 3430 (file no. 1919), recorded as 6326886 on 8/17/94. 327/14071260 9/15/94