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Home My WebLink About#6205-CUP-2013 • � , ��g� Suss.� 2� Doc No A10000383 Certified, filed and/or recorded on Aug 29, 2013 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 97 Pkg ID 1024186M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. r 7 O _ I O �. O CITY of ORONO �-7 ;,. � RESOLUTION OF�T 2E�C5 COUNCIL �'�t G'�'� NO. �kESH�g'� A RESOLUTION GRANTING A CONDITIONAL llSE PERM(T PURSUANT TO MUNICIPAL ZONIAIG CODE SECTION 78-418 FILE NO. 12-3588 WHEREQS, Justin Keliy and Susan Kelly, husband and wife (hereinafter "the Appficants") are the owners of the property located at 2g90 Sussex Raad, within the City of Orono (hereinafter the "City") and fegally described as folfows: Lot 3 and the northerly 53.00 feet of Lot 4, Biock 3, FOX BEND, H�nnepin County, Minnesota (hereinafter the "Property"); and WHEREaS, the Appficants have made appfication to the City of Orono for a conditional Gse permit pursuant tc Orono MuniciNal Zoni^g Code Section 78-418(6) to allow installation of a full bathroom incfuding a bathtub and/or shower within a conforming pool cabana accessory structure (hareinafter"Poof Cabana") on the Property; and WHEREQ�, the provision of a bathtub or shower within an accessory building is considered a conditional use within the RR-1 B zoning district pursuant to Orono Municipal Zoning Code Section 78-418(6) upon agreeing to the standard covenants outfined within Cod� Section 78-418(6). N�W, THEREF�RE BE iT RESOLVED by the City Council of Orono, Niinnesota: FINDIN�S 1. Th;s appfication was reviewed as Zoning Fife 12-3588. 2. The Property is focated in the RR-1 B Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. 3. The Planning Commission reviewed this appfication at a public hearing held on .lanuary 22, 2013 and recommended approval of the conditional use permit based on the folfowing findings: a. The Property has 3.69 acres in area and 358 feet in width. PaDe 1 of 4 r � , � O I �:. O CITY of ORUNO � ,... � RESOLUTION OF THE CITY COUNCIL � � �� No. 6 2 0 5 t�kESH�g'� b. The Council finds that the pfumbing fixtures proposed are in keeping with the intended use of the Pool Cabana. c. The Pool Cabana is conforming in location, size and height. d. The Applicants agree to the fifing of a covenant in the title of the Property providing that the Pool Cabana will not be used for a home occupation unless specifically approved by the city or if allowed by this Code; used as a dwelling unless a guest house conditional use permit is obtained; and will not be rented, leased or otherwise provided for use as a dwelfing under any circurnstances. 4. The City Council has considered this appiication including #he findings and recommendation of the Planning Cornmission, 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. 5. The City Council fincis that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIOI�S, ORGIER AND CON�[TIOt�S Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Munici�al Zoning Code Section 78-418 Subdivision 6 to alfow installation of a full bathroom including shower and/or bathtub within the existing Pool Cabana, subject to the following conditions: 1. Council approval is based on the building plan subm'rtted by the Appiicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with City codes will require further Pfanning Commission and City Council review. 2. The Appficants hereby covenant the Pool Cabana will not be: a. Used for a home occupation unless specificalfy approved by the city or if alfowed by this Code. b. Used as a dwelfing unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 2 of 4 J � O� O � O CITY of ORONO � ;�. � RESOLUTION OF THE CITY COUNCIL �� No. 6 2 0 5 �kESH�g' 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building/plumbing permit for the new construction and commencing construction of said project. A satisfactory final inspection for the plumbing installation must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date (February 11, 2014). 4. Violation of or non-compfiance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall autorrsatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Appiicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Appficants and the Appficants' 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 11 th day of February, 2013. ATTEST: , ,��-- .�� Rachel Dod e De ut Cit C--� Lili Tod McMilfan Ma or 9 , P Y Y , Y / � r , �� : Justi Kelly u`s n elly Page 3 of 4 � o� O O CITY of ORONO � � b ;�. � RESOLUTION OF THE CITY COUNCIL ��L �,�' NO. !� ? Q 5 �kESHOg'� r. CONNIE L KOPIETZ STATE OF MINNESOTA ) �� NOTARYPUBLIC-MINNESOTA �SS. �°." MY COMMISSION EXPIRES II31/2015 COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this �� day of , 2013, by Justin Kelly, husband to Susan Kelly. �'�'h Notary Pub(ic STATE OF MINNESOTA ) ,:�-} CONNIE LKOPIETZ e<e NOTAHY PUBLIG-MINNESOTA �$S. +''- MYCOMMISSIONEXPlRES1/31/2015 COUNTY OF HENNEPIN ) The foregoing i�strument w;as acknowledged before r�e this .2� day o; �✓'✓LLi , 2013, by Susan Keliy, wife to Justin Kelly. ��V�� L Notary Pubfic Page 4 of 4 � Resofution ' Exhibit A I � x N � X � m � � �W �jpZ OjQ .P� ,91 pmp0� OQ] .6-,5 .6-,Z .m-,8 W m Q�� i7 0 ?� m>> U>U , ,.. . __ ... 3/�09b' � S�IOOhi � i7 /fil F1�NH9 � p � � tV J �"O 1'L �; � i � W � S�3S� tJ SI "�t3 � � — — J 3m-,� .tr-, i _ � V � �`" � Q O i I �V � L_ ::;: 7 O � � I �� Q � ` 3 � ; b'3S "1'� � �F � � � � � :: (�W � o ��aW aO :o �� J � =' �� J�Q rtA � �V ' li W W � � �� `� U�= �pJ � �, � V i-�U i � �V � � � Q../ LL� � 0 0 "� 0 � d I ~ W� 0� �-� ' � � H �� p 0 � Z ��qX w - r � Q V�, 0 � � W cn > �.,� A �' m e— � �i ^ LL _ � p I n� int�i H � p � �' x�n ; : I ' � �� J � �, U �. X ; 0 >� r "�'d� ��'dl .m-�L ,: :.: ,::..:. ...:., � I _ W Z� � O � — r- � Q � ��_ �0��^ � � w 0 � ��w -1 �� W � .8-,6 . � �� J � "r �� Q� J ��0�� 0 V � � � o � y a� � � � � � � .m-�91 � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 11, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. 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