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Home My WebLink About#5423 - CUP-2006i • 10 ti J� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5423 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR PLUMBING IN AN ACCESSORY STRUCTURE PER MUNICIPAL ZONING CODE SECTION 78-418, SUBDIVISION (16) FILE #06-3165 WHEREAS, Dennis C. Backes, a single person, (hereinafter "the applicant") is owner of the property located at 2940 Fox Street within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Stubbs Farm, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per Municipal Zoning Code Section 78-418, Subdivision (16) to allow installation of plumbing including a toilet, bathroom sink and shower in an accessory structure; 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 January 17, 2006, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #06-3165. 2. The property is located in the RR -1B Zoning District, where 2 acres is the minimum lot area. The property is approximately 4.95 acres in area. 3.. The Planning Commission reviewed this application on January 17, 2006 and on a vote of 5-0 recommended approval of a CUP for plumbing in the accessory structure, based on the following findings: a. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. Page 1 of 5 i • 1\4� X10 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5423 b. The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. G. The property size and accessory building location are sufficient to allow the conditional use permit to be granted. The accessory building is in a conforming location. d. The CUP should be subject to the standard "Plumbing in Accessory Structure" conditions. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that granting a conditional use permit to allow plumbing in the accessory structure 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. 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 78-418, Subdivision (16) to allow plumbing including a toilet, bathroom sink and shower to be installed in the existing accessory structure, per the site plan and building floor plans attached to this Resolution as Exhibit A and as annotated by City staff, subject to the following conditions: 1. The applicant by executing this resolution agrees and covenants that the property will be bound by the following conditions: A) The accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code; Page 2 of 5 • • • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5423 B) The accessory building will not be used as a dwelling unless a guest house CUP is obtained; and C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a plumbing permit for same within one year of the date of Council approval, or this approval will expire on that date (February 13, 2007). 4. 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. 5. 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 February, 2006. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor ProperOwner Page 3 of 5 • L_J STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 2 3 The foregoing instrument was acknowledged before me on this /5frf day ob'= 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. V. • • �� l l t ll STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public �f� r - The foregoing instrument was acknowledged before me on thisaJ day of 2006 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. GE Not Public NESA RM3 n. 31010 Page 4 of 5 0 • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5423 This instrument was acknowledged before me this 14 A day of rt , 2006 by Dennis C. Backes, a single person. DENISE M. 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