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Home My WebLink About#4998-CUP-2003 � - ., ; � 7' O� - . • O �• O � g � CITY of ORONO � - �: � � , ti ��L �G�' RESOLUTION OF THE CITY COUNCIL �kES8�4 NO. � � � � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MU1vICIPAL ZONING CODE � � SECTION 10.03 SUBDIVISION 10 -FILE NO. 03-2897 WHEREAS, Irfan M. Altafullah and Tabinda I. Altafullah, husband and wife, (hereinafter "the applicants") are the owners of the property located at 2520 Thoroughbred Lane within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3,Block 1, Old Crystal Bay Road Second Addition,Hennepin County,Minnesota (hereinafter the "property"); and � WHEREAS, the applican�have made application to the City of Orono for a • . conditional use permit per Orono Municipal Zoning Code Sections 10.03, Subdivision 10 to allow construction of a pool which constitutes an accessory structure on a through lot, requiring a conditional use permit. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. Tlus application was reviewed as Zoning File#03-2897. 2. The property is located in the RR-1B Rural Residential Zoning District, which requires minimum lot area of 2.0 acres and minimum lot width of 200'. The lot � conforms to width and area requirements. . � 3. The Planning Commission reviewed this application at a public hearing held on June 16,2003 and recommended approval of the conditional use permit based on the following findings: a) The pool is to be located near the house and meets the setbacks that would be � required of a principal structure. The pool will have no impact whatsoever on the properties north of Watertown Road, which are the properties the • ordinance seeks to protect, and there are no apparent impacts to adjoining properties which would need to be ameliorated by screening or other action. Page 1 of 5 ,, � , � O�- - - . • O ' O . l � CITY of ORONO ,� -, .,. � , ti �� G'�' RESOLUTION OF THE CITY COUNCIL `�kEsKO4 rvo. � � 9 � b) The proposed pool basin surface is 20'x 44' or 880 s.f.,requiring a 15' side setback as well as 10'from the pool surface to any other structure. The pool as proposed is 39'from the side lot line but only 6'from the upper level deck. There is sufficient room to move the pool either northward or eastward to meet the 10' separation requirement. c) The proposed pool will not encroach the wetland easement affecting the � property. 4. The City Council has considered this application including the findings and ' recommendations 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. 5. The City Council finds that granting a conditional use permit to allow construction • of a pool accessory structure on a through.lot 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 properly will be in keeping with the intent and obj ectives 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 Orono Municipal Zoning Code Section 10.03 Subdivision 10 and . Section 10.56 Subdivision 16(C)(6)to allow construction of a pool which constitutes an accessory � structure on a through lot, subject to the following conditions: l. Council approval is based on the site plan submitted by the applicants, attached to this Resolution as Exhibit A,except that the pool shall be relocated northward/eastwazd to meet the required 10'separation setback from the pool basin to the adj acent deck/stairway system, while also avoiding any fill or structural encroachment within the defined wetland easement. Any amendments to the site plan which are not in conformity with City codes will require � further Planning Commission and City Council review. � Page 2 of 5 . � �� , O 4 � �� CITY of 4RON0 � � : � , ti �� G~' RESOLUTION OF THE CITY COUNCII. `9kEsH.og' No. t,� 4 � � 2. Applicants are advised to check with the Minnehaha Creek Watershed District(MCWD)and obtain an Erosion Control Permit and/or any other permits that MCWD may require for this project,prior to commencement of construction. 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 permit for the new consiruction within one year of the date of Council approval, or the conditional use permit approval will expire on that date(June 23, 2004). � 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 ternunate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood 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 properly. . . Adopted by the Orono City Council on this 23rd day of June, 2003. ATTEST: `'� ,� �� " _. Linda S. Vee, Ci .ty Clerk Barbara A. Pete on, Mayor �� . ��r-�,�r �m-� Property Owner(s) . • Page 3 of 5 , � ��' -- � . . • � �. � . � CITY of ORONO � --, ;� � , ti �� G~' ,RESOLUTION OF THE CITY COUNCIL `�kESKOg' rvo. � 9 � � � STATE OF MINNESOTA • COUNTY OF HENNEPIlV. The foregoing instrument was acknowledged before me on this�day of�u�,,,� _ ,2003 by Barbara A. Peterson, Mayor of the Gity of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ��a�� A � � ,�_ � ' .. 1�1C(7�P,RY�UBLtC-Bfl;NNESfiTA F °�. `•;.�'�h Nr r,�,Y,m;��n�ir�s J2n.31,2ao7 e� Not Public ��. . .�Y�?��'..�`-��:�S :�<:_�;�` . STATE OF MINNESOTA � COUNTY OF HENNEPIN �� • The foregoing instrument was acknowledged before me on this�day of J u��t�Q ,2003 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. � � �� Notary Public ' • �,£ �E^�R�ARA G.SILUS .::�/,;�Y F'::.�!iC-tY"i��!�SUTA .;,�::� Ny Commiss��•n Expszs J: .S1,2008 • Page 4 of 5 , � °�_ - � . . . . . . � o � � . 3 CITY of ORONO � -- ;�. � , ti �� G~' RESOLUTION OF THE CITY COUNCIL . . �k'ESIIOg' NO. [� �1 � � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this 25 day of �/Gc�� ,2003, /�h �. ��4��-`� �b�'�GZ'1�/�'�``!!�f personally appeared before me, . ��rri� who is personally known to me � r/ whose identity I proved on the basis of Dr'�V�°�'�s' �-i�ers�s whose identity I proved on the oath/affirmation of �� , a credible witness " and who executed the foregoing instrument,and acla�owledged that he/she/they executed the same as his/her/their free act and deed. �;�:RPAF�L4 G.SILUS ' . ..'' ::,"if',''.r�,��l.;;-i�litv�JC-50TA � � Q�� :;,«. ,My Commisalon Cxp!res Jen.31,2008 l�� . • Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 2003, personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , � a credible witness and who executed the foregoing instrument, and aclrnowledged that he/she/they executed the same � as his/her/their free act and deed. .. 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