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, , <br /> . ���� I <br /> C TY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��'l,,x �tiv�� No. b 6 � 4 <br /> FSH� <br /> 3. The Planning Commission reviewed this application at a public hearing held on <br /> June 20, 2016 and recommended approval of the CUP and holding tank based on <br /> the following findings: <br /> a. The Property contains approximately 2.4 acres in goss area of which <br /> approximately 1.8 acres is dry buildable (non-wetland) area and is 274 feet in <br /> defined width at the 50' setback line. <br /> b. The applicants are requesting CUP approval for installation of plumbing <br /> fixtures to include a toilet, sink and a shower/bathtub in the existing accessory <br /> Barn structure ori the property. City Code Section 78-1437(3)b. allows for the <br /> installation of plumbing fixtures including a bathtub or shower in an accessory <br /> building subject to conditions and a restrictive covenant. <br /> c. Due to the lack of suitable drain field sites meeting all setback requirements, <br /> applicants also request approval for use of a holding tank for sewage disposal. <br /> d. A condition of Section 78-418(6) is that the structure for which the CUP is <br /> requested is to be a conforming structure. The property is a very unique <br /> situation in the 2-acre rural residential district. Prior to construction of the <br /> Highway 12 Bypass, a single family residence existed north of the Barn. In <br /> order to construct the CR6 approach to the 6/12/Wayzata Blvd. interchange, <br /> the portion of property containing the house was acquired by MnDOT and the <br /> house was removed. The Barn remained on a lot of 2.4 gross acres, and <br /> became considered as a nonconforming accessory structure without a <br /> principal structure, and located in a nonconforming location with respect to <br /> property line setbacks. However, the City did not have the legal authority to <br /> require its removal. The Applicants purchased the property and have been <br /> remodeling the Barn for use as an accessory building for non-dwelling and <br /> non-commercial uses,pursuant to the appropriate permits issued by the City. <br /> e. The Applicants were required to provide septic testing information and a <br /> wetland delineation in order to establish the ability or non-ability to install a <br /> conforming septic system to serve the proposed bathroom facilities. Wetlands <br /> in the eastern half of the site as well as areas of compacted disturbed soils <br /> preclude the ability to install a conforming septic system meeting setback and <br /> soil condition requirements. City staff have recommended approval of a <br /> holding tank subject to conditions. <br /> f. The plumbing fixtures proposed are in keeping with the proposed non- <br /> dwelling, non-commercial accessory use of the Barn. <br /> Page Z of 8 <br />