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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2016 and recommended approval of the CUP and holding tank based on the following findings: a. The Property contains approximately 2.4 acres in gross area of which approximately 1.8 acres is dry buildable (non -wetland) area and is 274 feet in defined width at the 50' setback line. b. The applicants are requesting CUP approval for installation of plumbing fixtures to include a toilet, sink and a shower/bathtub in the existing accessory Barn structure on the property. City Code Section 78-1437(3)b. allows for the installation of plumbing fixtures including a bathtub or shower in an accessory building subject to conditions and a restrictive covenant. c. Due to the lack of suitable drain field sites meeting all setback requirements, applicants also request approval for use of a holding tank for sewage disposal. d. A condition of Section 78-418(6) is that the structure for which the CUP is requested is to be a conforming structure. The property is a very unique situation in the 2 -acre rural residential district. Prior to construction of the Highway 12 Bypass, a single family residence existed north of the Barn. In order to construct the CR6 approach to the 6/12/Wayzata Blvd. interchange, the portion of property containing the house was acquired by MnDOT and the house was removed. The Barn remained on a lot of 2.4 gross acres, and became considered as a nonconforming accessory structure without a principal structure, and located in a nonconforming location with respect to property line setbacks. However, the City did not have the legal authority to require its removal. The Applicants purchased the property and have been remodeling the Barn for use as an accessory building for non -dwelling and non-commercial uses, pursuant to the appropriate permits issued by the City. e. The Applicants were required to provide septic testing information and a wetland delineation in order to establish the ability or non -ability to install a conforming septic system to serve the proposed bathroom facilities. Wetlands in the eastern half of the site as well as areas of compacted disturbed soils preclude the ability to install a conforming septic system meeting setback and soil condition requirements. City staff have recommended approval of a holding tank subject to conditions. f. The plumbing fixtures proposed are in keeping with the proposed non - dwelling, non-commercial accessory use of the Barn. Page 2 of 8