HomeMy WebLinkAbout#4343-CUP-1999 ( 4jav 0 O O
'--- -7, t,P_ CITY of ORONO
A 4,1,* , ,
.. i1.09101, . .4c)G~ RESOLUTION OF THE CITY COUNCIL
�--____ � NO. 4 0
-44
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 10
FILE #2511
WHEREAS, Douglas Whiteley and Claudia Whiteley (hereinafter "the applicants")
are owners of the property located at 60 Orono Orchard Road South within the City of Orono
(hereinafter "City") and legally described as:
Lots 59, 60, 75 and 76, Orono Orchards, according to the recorded plat of thereof,
EXCEPT the southeasterly 35.00 feet of said Lot 75, as measured at a right angle to the
southeasterly line of said Lot 75, Hennepin County, Minnesota (hereinafter "property");
and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 16, 1999, at which times all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to Municipal Zoning Code Section 10.03, Subdivision 10 to permit the construction of an
accessory structure on a through lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2511.
2. The property is located in the RR-1B, One Family Rural Residential Zoning
District.
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CITY of ORONO
"1/4 " RESOLUTION OF THE CITY COUNCIL
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3. The Planning Commission reviewed this application on August 16, 1999 and
recommended approval on a vote of 6 to 0.
4. The Planning Commission made the following findings of fact:
A. The accessory structure meets all required setbacks for the RR-1B Zoning
District.
B. The applicants will remove the existing detached garage located nearest to
Orono Orchard Road.
C. Access to the property will not change, any change in access to the property
will require approval of the Director of Public Services.
5. The City Council fords that granting a conditional use permit to allow the
construction of a garage on the through lot is not 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicants and the affect of the proposed use on the health, safety, and welfare
of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a conditional use permit to Municipal Zoning Code Section 10.03, Subdivision 10
to permit the construction of a garage on the through lot located at 60 Orono Orchard Road South,
subject to the following conditions: •
1. The applicant shall construct the garage in substantial conformance with the
survey dated July 21, 1999 on file with the Department of Building and Zoning.
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2. Authorities granted by this resolution 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 (September 13, 2000).
3. 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.
4. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of himself, his heirs, 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 13th day of September, 1999.
ATTEST:
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, zn,dez./ il /,1-12--
Linda S. Vee, City Clerk Gabrie Jabbour, Mayo \,
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Prope Owner(s) ',
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of September,
1999, by Gabriel Jabbour and 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.
-- \ Cr.ROLF A.h ^I ( �'1%t- ) . c.,/,''.z, ,t-'7--7 A,----/r. �.. . NG�� YFI„'!'r �
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Notary Public
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:.,� . CITY of ORONO
A, s 1i1 4
.*4,4 ' k,117A\ G~ RESOLUTION OF THE CITY COUNCIL
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9 • ,kEsB044' NO. 42 43 -
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 477,1,4 day of (tJn V e n►b er , 199.1_before me a Notary Public within
and for said county, personally appeared I, . . ,' - , •e.d
known to me to be the persons described in and who exec ted the foregoing instrument, and
acknowledged that they executed the same as their free act and deed.
CAROLE A.HrEEMAN �� e()11-,/.. ,
C. /d4.21/72te--)
<' MIRY FUELIC- ";1 ESOTA !•`
HENIT.5'^CC t'TY S; Notary Public
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this -, ,,,.../ day of A .'?rill) e'''r- , 199C, before me a Notary Public within
and for said county, personally appeared (I fr,, ,/ r (,4)f1I++/Pm.-:(r;(-d.
known to me to be the persons described in and who executed the foregoing instrument, and
acknowledged that they executed the same as their free act and deed.
k`: ,,r GARGLE A.F', �;; 0,-,, fJ 6. � ��r.1a-/
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f I-IVI IFr CC._::!1(, Notary Public
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