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Home My WebLink About#5487-CUP-2006CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 48 7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 78-393(14) FILE NO. 06-3207 WHEREAS, Fredrick R. Krieger and Julie L. Krieger, husband and wife, (hereinafter "the applicants") are the owners of the property located at 355 Stubbs Bay Road North within the City of Orono (hereinafter "City") and legally described as: EXHIBIT A, ATTACHED (hereinafter "the Property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Municipal Zoning Code Section 78-393(14) to allow installation of plumbing including a toilet and shower, as well as a lavatory, sink and laundry facilities in the existing horse barn which is currently being remodeled and expanded, and to be allowed to discharge such plumbing into a holding tank rather than into an on-site sewage treatment system; 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 June 19, 2006, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3207. 2. The Property is located in the RR—lA Zoning District which requires a minimum lot area of 5.0 acres and a minimum lot width of 300 feet. The Property is 9.95 acres in area, with a defined width of 50' but a functional width at the house site of 840'. 3. The Planning Commission reviewed this application at a public hearing held on June 19, 2006 and on a vote of 4-1 recommended approval of the Page 1 of 6 0 0 -, . CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL Spg�G NO. kEI3 CUP for plumbing in the accessory horse barn, subject to connecting the plumbing to an acceptable septic system, or if Council approves, connection to a holding tank subject to an appropriate maintenance agreement. 4. The City Council finds that the installation of plumbing including a toilet, shower, and other water -use fixtures as proposed in the accessory structure will not be detrimental to the rural residential character of the neighborhood, and that the plumbing fixtures proposed are in keeping with the intended use of the accessory building. Council finds that the property is 2.0 acres in area or larger. Council finds that the accessory building is conforming in size and location. 5. The property owners have agreed to execute a covenant to be filed in the title of the property providing that the accessory building will not be used for a home occupation unless specifically approved by City or if allowed by the Municipal Code; that the building will not be used as a dwelling unless a guest house conditional use permit is obtained; and that the building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 6. The City Council finds that based on factors including limited capacity of the existing septic system serving the residence, the remote location of the accessory building from the existing residence septic system, the practical difficulties of connecting the accessory building plumbing to the existing septic system, and the anticipated limited water use for the fixtures in the accessory building, it would be reasonable to allow use of a holding tank, subject to establishment of a legal agreement for proper maintenance of the holding tank system, with provisions to require discontinuance of use in the event of inappropriate disposal methods. 7. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 8. The Council finds that granting a conditional use permit to allow • plumbing in the accessory structure with discharge to a holding tank will not be detrimental to the health, safety or general welfare of the public, Page 2 of 6 • r: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5457 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 above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 78-393(14) to allow installation of plumbing including a toilet and shower, as well as a lavatory, sink and laundry facilities in the existing horse barn which is currently being remodeled and expanded, and to be allowed to discharge such plumbing into a holding tank rather than into an on-site sewage treatment system, subject to the following conditions: Prior to issuance of a permit for installation of a holding tank to serve the horse barn plumbing, applicants shall execute a Holding Tank Agreement to be drafted by the City, which Agreement shall contain conditions and provisions for the maintenance and use of the holding tank, as well as conditions under which its use may be terminated by the City. 2. The applicants by executing this resolution agree and covenant 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; 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 applicants, but are permissive only and must be exercised by obtaining the appropriate plumbing permits for the installation within one year of the date of Council approval, or the approvals within this resolution will expire on that date (July 10, 2007). Page 3 of 6 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 48 7 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 applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 10th day of July, 2006. ATTEST: Linda S. Vee, City Clerk is, f? . I Property Owner(s) Barbara A. Peterson, Mayor v Page 4 of 6 • ti J� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 48 7 . The foregoing instrument was acknowledged before me on this /9' day of tom- 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Yfinnesotff municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN P'� g Notary Public The foregoing instrument was acknowledged before me on this eday of mun�2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota alcorporation and said instrument was executed on behalf of the City. ..rl✓.%✓flllllJllllllfl!!-l•/-rill-( Notary Public Page 5 of 6 9 • STATE OF MINNESOTA CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 5 48 7 ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this %E day of 2006, by Fredrick R. Krieger, husband of Julie L. Krieger. 1,2UC% Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /S day of q u� , 2006, by Julie L. Krieger, wife of Fredrick R. Krieger. DENISE M. LESKINEN // Alm, z f NOTARY PUBLIC - MINNESOTA :;f;.• My Commission Expires Jan. 31, 2010 14W Public Page 6 of 6 is DESCRIPTION EXHIBIT A RESOLUTION NO. 5487 That part of the southwest quarter of Section 32, Township 118 North, Range 23 West described as follows; Beginning at a point on the East line of said Southwest Quarter distant 489.32 feet South, as measured along said East line, from the Northeast corner of said Southwest quarter; thence West parallel with the North line of said Southwest quarter a distance of 575.0 feet; thence South parallel with East line a distance of 350.00 feet; thence West parallel the.North line of the Southwest quarter a distance of 445.00 feet; thence North parallel with the East of the Southwest quarter to the Northeast corner of said Southwest quarter; thence South along the East line of said Southwest quarter to the point of beginning. EXCEPT that part of said. Southwest • quarter described as follows: Beginning at a point on the -East line of said Southwest Quarter distant 439.32 feet South, as measured along said East line, from the Northeast corner of said Southwest quarter; thence West parallel with the North line of said Southwest quarter a distance of 496.0 feet; thence North parallel with the East of the Southwest quarter to the North line of said Southwest quarter; thence East along the North line of said Southwest quarter to the Northeast corner of said southwest quarter; thence South along the East line of the Southwest quarter to the point of beginning. EXCEPT the East 33 feet thereof