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HomeMy WebLinkAbout#5017-CUP-2003 I , 0 O 4 OCITY of ORONO fi,;;-,, /: �; 1-'04,c). RESOLUTION OF THE CITY COUNCIL ikesilo A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10 FILE NO. 03-2921 ,-- WHEREAS, Edward H. Hamm*, Trustee, (hereinafter "the applicant") is the owner of the property located - d South within the City of Orono (hereinafter the "City") and legally described as follows: See Exhibit B (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 10.03, Subdivision 10 to allow the installation of an entrance gate at the rear entrance to the property which is considered a"through lot" by City Ordinance. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2921. 2. The property is located in the RR-1B One Family Rural Residential District, which requires a minimum lot area of 2 acres and a minimum lot width of 200". The lot conforms to width and area requirements. *as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992, as subsequently amended and restated in its entirety by Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995, and as further amended and restated by Amendment and Restatement of Trust of Edward H. Hamm dated February 26, 1999. Page 1of5 • To , 0:O 444----,\., .., , , CITY of ORONO /. \ i ,- .s.Av �,ilio.�G RESOLUTION OF THE CITY COUNCIL 9kESIOA NO. 5 0 1 7 3. The Planning Commission reviewed this application at a public hearing held on July 21, 2003 and recommended approval of the conditional use permit based on the following findings: a. The property has frontages in the front and rear of the property making it a through lot. b. The entrance gate is considered an accessory structure, and c. The location of the proposed entrance gate will be setback so as to - meet the 50' rear yard setback required. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 property; 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to Orono Municipal Zoning Code Section 10.03, Subdivision 10 to allow the installation of an entrance gate, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes or the scope of this approval will require further Planning Commission and City Council review. Page 2 of 5 O O CITYof ORONO 1/4.4 ' I�i�`�* RESOLUTION OF THE CITY COUNCIL *CESII& NO. 5 0 1 7 2. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (July 28,2004). 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 the applicant and the applicant's 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 the 28th day of July,2003. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor E12,1-04/1 ( I itimim Property Owner(s) *as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992, as subsequently amended and restated in its entirety by Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995, and as further amended and restated by Amendment and Restatement of Trust of Edward H. Hamm dated February 26, 1999. Page3of5 , O O '. OCITY of ORONO �� 1 �► '�ott,illit0-;-7 Gam' RESOLUTION OF THE CITY COUNCIL liCES � 5 © � I;OgNO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of ,,C., , 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .6.6-► c� ij) w "Iii . MIST!B.ANDERSON NotPublic cio - NOTARYPIELJC-MINNESOTA j' My Comniwion Expires Jan.31,2007 f :—i-�.—'.-- �-ii--sem✓;�i.�_� r.,a-f S STATE OF MINNESOTA COUNTY OF HENNEPIN h The foregoing instrument was acknowledged before me on this W day of at,xe5} , 2003 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. Lg-OL e—A-L—E_ 000f-X Np,;,RY PUBrereissiee LIC-re 1.3�23 J t' Notary Public Page4of5 , . . . r 1. 041. O O -.-: 4x - CITY of ORONO A `'04,1';''' : :" t4 'ikWA'0, k-t 11 �G RESOLUTION OF THE CITY COUNCIL 411CesuOly NO. ! 0 1 7 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this I ti;{ hday of 0 04,— be(L, 2003 by Edward H. Hamm, as Trustee under the Trust of Edward H. Hamm originally established on August 14, 1992. ___12_0(__A__6,--C_A, Do clL y____ . -.7) RACHEL DODGE " Notary Public m NoTMRyat -mt• -- �&Alms Jan.31,2013 Page 5 of 5 • OA014 DAE .� i Y ••Dost D. toCOC -! /PUASANT li GATE Mac ald • as oAA•uwa Az AG .. &Mack Ct� O / t►{ 1 Archiueu.un % .. \NV ' % -. ' / 11 ter-" 1/4 / \ ° `+ \ t id / t Pleasant Hill QQ (lc yZ / w • IV s��C' 7 T+ Mr.Edward • it " I brat• Hamm �._.... MI ;C' properly I " I w • oo•oo l 4,--11�ri �, __, .L0 s5£0l£ D 25-0-min I�-0'dear gale opening I 1 .. Of''l2t d I • C...r = I 2O-0r I I '•..Nr.•." mak. • . I YI I • ■ I CI I GATES: 2 ENTRANCE GATE PLAN I 1 e 1 Al Scale 1":40'-0" zsr1rs tan—!I 1P. „ -4 Lir I. .r.-...,1 • 1 I • I I I 1 PEOESTRUW GATE ENTRANCE GATE . . I Set GRANINGS A74111 1 I 50%0"setback • I • I I +-- --- =- .1 .�. ,�. -ter==�_.=.�_.��.=� —_r� L... ..,"="...1.....=..... .......•=71.......7..... Ili .... taste q ' Ienetmg r���� ' --oRAHA-0ReMha ROM- ' — ty —` 4 :•' � — u. =- -` oma s �_ � � 13 t4 . 7 .2._ SITE PLAN� ; Al • 74 bailie 1":80'-0"" „yr.eor•ny A Al1 • • • c ` • • ” • • 0 EXH1BTr gj 5 0 1 7 1. That part of the Southwest Quarter, which lies North of the South Iine of the Northwest Quarter of the • Southwest Quarter,of Section 2, Township 117 North,Range 23 West of the Fifth Principal Meridian described as follows: Beginning at the northeast corner of the Southwest Quarter of the Southwest Quarter of said Section 2; thence South along the East line of said Southwest Quarter of the Southwest Quarter a distance of 434.3 feet to a point designated and hereinafter referred to as "Point A"; thence northwesterly deflecting 101 degrees 43 minutes to the right from last described course a distance of 182 feet; thence northwesterly on a tangential curve to the right with a radius of 4,687.5 feet a distance of 60 feet; thence northwesterly on a tangential curve to the right with a radius of 222.45 feet a distance of 200 feet; thence northerly on a tangential curve to the right with a radius of 237.56 feet a distance of 175 feet; thence northerly on a tangential curve to the right with a radius of 527.42 feet a distance of 50 feet; thence northeasterly on a line tangent to last described curve a distance of 62.55 feet to a point in the South line of the Northwest Quarter of the Southwest Quarter of said Section 2 distant 360 feet West of the point of beginning; thence continuing northeasterly on an extension of last described course a distance of 48.55 feet; thence northerly on a tangential curve to the left with a radius of 18I.4 feet a distance of 100 feet; thence northwesterly on a tangential curve to the left with a radius of 283.7 feet a distance of 125 feet; thence northwesterly on a line tangent to last described curve a distance of 267.4 feet; thence northwesterly deflecting 2 degrees 23 minutes to the left from the last described course a distance of 169.3 feet; thence northwesterly and westerly.on a tangential curve to the left with a radius of 61.13 feet a distance of 64.62 (43.01 measured) feet, more or less, to a point designated and hereinafter referred to as"Point B", said point being in the West line of the East . HaIf of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of highway upon easterly side thereof, said East Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon easterly side, and which "Point B" is 636.66 (625.61 measured) feet North of the southwest corner of said East Half so ascertained; thence North along the West line of said East Half so ascertained a distance of 679.85 feet to the northwest corner thereof; thence East along the North line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of said Section; thence South along the East line of the Northwest Quarter of the Southwest Quarter 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 16 feet in width, 8 feet on each side of the line forming the southerly and westerly boundary of the premises hereinabove first described. Also subject to public easement in existing highways. 2. Also that part of the Southwest Quarter of said Section 2, Township 117, Range 23, described as follows: Beginning at the northeast corner of the West Half of the Northwest Quarter of the Southwest Quarter of said Section 2 exclusive of the highway upon easterly side thereof, said West Half being ascertained after taking from Northwest Quarter of the SouthWest Quarter of • said Section 2 said highway upon easterlyside; thence South along the East line of said West Half so ascertained a distance of 679.85 feet,more or less,to a point distant 636.66 feet North of the southeast corner of said West Half; thence'deflecting right at an angle of 83 degrees 53 minutes on a line bearing South 83 degrees 53 minutes West a distance of 33.68 feet; thence South 82 degrees 41 minutes West a distance of 66.32 feet; thence northwesterly in a straight line 710.6 (721.11 measured) feet, more or less, to a point in the North line of the Southwest Quarter of said Section 2 distant 237 feet West of the point of beginning; thence East along said North line 237 feet of the point of beginning. • Subject to an easement for right of way for driveway purposes over the southerly 16.5 feet of said last described tract. And together with an easement for like purposes over a strip of land 16.5 feet in width lying southerly of and immediately adjacent to the southerly line of the premises hereinabove last described, and between the southerly extensions of the easterly line and westerly line of said premises last described.