HomeMy WebLinkAbout#4335-CUP-1999 ._.....____
7.-- 0.----
4
0
J ,� CITY of ORONO
;as, 1 _ 'A':i y ti
,>,
i� i�r� G'ti RESOLUTION OF THE CITY COUNCIL
��9 • I D¢4' NO. 4 3 3 5
ESH
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20,SUBDIVISION 3 (G)
FILE#2506
WHEREAS,Edward H.Hamm,(hereinafter"the applicant")is owner of the property
located at 485 Orono Orchard Road South within the City of Orono(hereinafter "City") and legally
described as:
Exhibit A attached, 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 applicants have applied to the City for a conditional use permit to
Municipal Zoning Code Section 10.20, Subdivision 3 (G) for a guest house.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#2506.
2. The property is located in the RR-1B Zoning District,where 2 acres or 87,120 s.f. is
the minimum lot area. The property consists of 18 acres.
3. The Planning Commission reviewed this application on August 16, 1999 and
recommended approval on a vote of 5 to 0.
Page 1 of 6
O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
` iCES110¢ No. 4 3
4. The Planning Commission made the following findings of fact:
A. Guest houses are considered dwelling units and are required to meet the
allowed density for the zoning district. The applicant has requested
continued use of two guest houses in the 2 acre zoning district. Property
would have 3 dwelling units on 18 acres.
B. On April 12, 1999 the Orono City Council approved a request by Mr. Hamm
to allow the property to be served by sanitary sewer. A condition of approval
is the property owner shall file an application for a conditional use permit to
allow continued use of two guest houses on the property.
C. Guest houses meet all required principal building setbacks.
D. Property owner agrees to file a restrictive covenant on the title stating this
property shall not be allowed more than three dwelling units.
5. The City Council fords that granting a conditional use permit to allow continued use
of two guest houses 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission.reports by staff and comments of the
applicant 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 per Municipal Zoning Code Section 10.20, Subdivision 3 (G) to
permit continued use of two guest houses, subject to the following conditions:
Page 2 of 6
vvr:4-0.-Ai.--
O
_ _,,, ,
,o CITY of ORONO
,i, �1�;as, , c, RESOLUTION OF THE CITY COUNCIL
44.
��9kE SH�4�' NO. 4 t :.. .r�
1. Property owner files the Declaration of Subdivision Covenants on the title stating the
property shall not develop to more the three units.
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(August 23, 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, understands 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 23rd day of August, 1999.
ATTEST:
i \\ � _
Linda S. Vee, City Clerk Gabri= Jabbour, Mayor
Property Owner
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of August,
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.
Notary Public
Page 3 of 6
,4O
/0 , , O
__
,-- -1,,,, J4,,�- CITY of ORONO
iffiA At.
;vil ' G� RESOLUTION OF THE CITY COUNCIL
��k
ES804� NO. 4 3 c:t ,i.
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
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 6
Exhibit A
•
•
•
LEGAL DESCRIPTION
1 That part of the Southwest quarter (SN 1;-1) of Section Two (2) Township One
hundred seventeen (117) North, Range Twent}-three (23) West of the Fifth Principal
Meridian, described as follows Beginning at the Northeast corner of the Southwest
quarter(SW 1/4) of the Southwest quarter (SW 1/4) of said Section Two (2);thence
South along the East line of said Southwest quarter (SW 1/4) of the Southwest quarter
(SW 1/4) a distance of four hundred thirty-four and three tenths feet (434.3')to a point
designated and hereinafer.referred to as "Point A", thence northwesterly deflecting one
hundred one degrees forty-three minutes (101'43')to the right from last described course,
a distance of one hundred eighty-two feet (182'); thence northwesterly on a tangential
curve to the right with a radius of forty-six hundred eighty-seven and five tenths feet
(4687.5')a distance of sixty feet (60'): thence northwesterly on a tangential curve to the
tight with a radius of two hundred twenty-two and forty-five hundredths feet (222.45') a
distance of two hundred feet (200'), thence northerly on a tangential curve to the right
with a radius of two hundred thirty-seven and fitly-six hundredths feet (237.56') a distance
of one hundred seventy-five feet (175'); thence northerly on a tangential curve to the right
with a radius of five hundred twenty-seven and forty-two hundredths feet (527.42') a
distance of fifty feet (S0'); thence northeasterly en a line tangent to last described curve a
distance of sixty-two and fifty-five hundredths feet (62 55')to a point in the South line of
the Noet west quarter(NW 1/4) of the Southwest quarter(SW 1/4)of said Section two
(2)distant three hundred sixty feet (360') west of the point of beginning; thence
continuing northeasterly on an extension of last described course a distance of forty-eight -
and fifty-five hundredths feet (48.55'); thence northerly on a tangential curve to the left
with a'radius of one hundred eighty-one and four tenths feet (181 4') a distance of one
hundred feet (100');thence northwesterly on a tangential curve to the left with a radius of
two hundred eighty-three and seven tenths feet (283 7') a distance of one hundred twenty-
five feet (125'); thence northwesterly on a line tangent to last described curve a distance
of two hundred sixty-seven and four tenths feet (267 4'), thence northwesterly deflecting
two degrees twenty-three minutes (2.23') to the left from last described course a distance
of one hundred sixty-nine and three tenths feet (169 3'); thence northwesterly and
westerly ori a tangential curve to the left with a radius of sixty-one and thirteen hundredths
feet(61.13') a distance of sixty-four and sixty-two hundredths feet (64.62'), more or less,
to a point designated and hereinafter referred to as"Point B", said point being in the West
line of the East one-half(E 1/2) of the Northwest quarter (NW 1/4) of the Southwest
quarter(SW 1/4) of said Section Two (2) exclusive of highway upon Easterly side thereof,
said East one-half(E 1/2)being ascertained slier taking from the Northwest quarter(NW
1/4)of the Southwest quarter (SW 1/4) at'said section said highway upon Easterly side,
and which'Point B"is six hundred thirty-six and sixty-six hundredths feet (636.66')north
of the Southwest corner of said East one-half(E 1/2) so ascertained; thence north along
the west line of said East one-half(E 1/2) so ascertained a distance of six hundred
seventy-nine and eighty-five hundredths feet (679.85') to the Northwest corner thereof;
thence east along the North line of the Southwest'quarter(SW 1/4) of said Section Two
(2)to the Northeast corner of the Northwest quarter (NW 1/4)of the Southwest quarter
Page 5 of 6
•
4335 .
- i
(SW 1/4) of said Section; thence south along the East line of the Northwest quarter(NW
1/4)of the Southwest quarter(SW 1/4)of said Section to the point of beginning. Subject - •
to and together with an easement for right of way for driveway purposes over a strip of
land along the Southerly and Westerly boundary lines of the premises above described and
extending from above designated "Point A" along said boundary line to above designated
."Point B", said strip of land being sixteen feet (16') in width, eight feet (8')on each side
- of the line forming the Southerly and Wegedy boundary of the premises hereinabove first ' •
'described. Also s abject to public easement in existing highways.
•
2. ._ Aix that part of the Southwest quarter (SW 1/4)of said Section Two(2),
Township One hundred seventeen (117), Range Twenty-three(23), described as follows:
Bedding at the Northeast corner of the West one-half(W 1R)of the Northwest quarter
(NW 1/4)of the Southwest quarter(SW 1/4) of said Section Two(2) exclusive of the
highway upon Eagerly side thereof, said West one-half(W 1/2)being ascertained after
taking from Northwest quarter(NW 1/4)of the Southwest quarter(SW 114) of said •
Section Two(2)said highway upon Easterly side; thence south along the East line of said
West one-half(W 1/2)so ascertained-a distance of six hundred seventy-nine and eighty-
five hundredths feet(67915')more or less, to a point distant six hundred thirty-six and
sixty-six hundredths hs feet(636.66') north of the Southeast cornea of said West one-half(W
112); thence deflecting right at an angle of eighty-three degrees fifty-three minutes
(.881053')on a line bearing South eighty-three degrees fifty-three minutes(83'53')West a
distance of thirty-three and sixty-eight hundredths feet (33.68'); thence South eighty-two
degrees forty-one minutes(82.41') West a distance of sixty-six and thirty-two hundredths
feet(66.32'); thence northwesterly in a straight line seven hundred ten and six tenths few
(710.6'), more or less to a point in the North line of the Southwest quarter(SW 1/4)of
said Section Two (2) distant two hundred thirty-seven feet(237')West of the point of •
beginning; thence east along said North line two hundred thirty-seven feet(237')to the .
point of beginning. Subject to an easement for right of way for driveway purposes over
the Southerly sixteen and five tendo fee(16.5') of said last described tract, and together •
with ea easement for like purposes over a strip of land sixteen and.five tenths feet(16.5')
in width lying southerly of and immediately adjacent to the Southerly line of the premises
hereinabove bast desuzbed, and between the Southerly extensions of the Easterly line and
the Westerly line of said premises keit described.
3. Lot 1, Block 2, Dragonfly Hill.
•
o: denotes iron marker
• This survey shows the location of the boundaries of the above
described property and all existing buildings thereon. It does
not purport to show other i-provements or encroachments .
Page 6 of 6