HomeMy WebLinkAbout#5491-CUP-2006CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
FOR PLUMBING IN AN ACCESSORY STRUCTURE
PER MUNICIPAL ZONING CODE
SECTION 78-418, SUBDIVISION (16)
FILE No. 06-3213
WHEREAS, Steven D. Sapletal and Stacy L. Sapletal, husband and wife,
(hereinafter "the applicants") are the owners of the property located at 2575 Thoroughbred
Lane within the City of Orono (hereinafter "City") and legally described as Lot 4, Block 2,
Old Crystal Bay Road Second Addition, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicants have 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 July17, 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
This application was reviewed as Zoning File #06-3213.
2. The property is located in the RR -1B Zoning District, where 2 acres is the
minimum lot area. The property is approximately 2.05 acres in area.
3. The Planning Commission reviewed this application on July 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.
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CITY of ORONO
RESOLUTION OF THV 9 JOUNCIL
NO.
The plumbing fixtures proposed are in keeping with the intended use of
the accessory structure.
C. 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 applicants 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 public health,
safety or welfare or materially injurious to properties or improvements in the
vicinity 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 and bathroom sink to be installed in the
accessory structure, per the site plan and building floor plans attached to this Resolution as
Exhibits A and B as annotated by City staff, subject to the following conditions:
1. 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
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5491
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 a
plumbing permit for same within one year of the date of Council approval, or
this approval will expire on that date (July 24, 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 applicants have read, understood and hereby agree to the
• terms of this resolution and on behalf of themselves, their 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 this 24`h day of July, 2005.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
en D. Saple I
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�`9kESS0
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 49 1
The foregoing instrument was acknowledged before me on this day of ,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporalion
and said instrument was executed on behalf of the9C k
JACQUELYN M. YOUNG
t4otaiy Puhiic-Minnesota
M -j Commisafon E)Oms Jan 31, 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
• st
The foregoing instrument was acknowledged before me on this 31 day of
q, 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.
/jvr�'
RACHEL DODGE Notary Public
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
-NO. 5 49 1
This instrument was acknowledged before me this Z day of 11) �j y 5.1—
2006 by Stacy L. Sapletal, wife of Steven D. Sapletal.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this 7i day of A -u qu 51- ,
2006 by Steven D. Sapletal, husband of Stacy L. Sapletal.
Notary Public
Page 5 of 5
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