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Home My WebLink About#5240-CUP-2004 r O ® � O �. CITY of ORONO ti RESOLUTION OFT E CITY COUNCIL l� 4� � N O. '` kESB A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-1366(A)(3) FILE NO. 04-3059 WHEREAS,James D.Render(hereinafter"the applicant")is owner of the property located at 1335 Tonkawa Road(hereinafter"the property")within the City of Orono(hereinafter"the City") and legally described as follows: Lot 3, Block 1, Tonkawa Shores 2nd Addition, Hennepin County, Minnesota, (hereinafter "the property");.and WHEREAS, the applicant has applied to the City of Orono for a conditional use pen-nit per Municipal Zoning Code Section 78-1366(A)(3)to permit a cupola to be constructed upon the roof of a residence where 30' defined height is the maximum allowed for the LR-1C zoning district, such cupola to extend 7 feet above the highest peak of the roof of the house. 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 October 18, 2004, at which time 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#04-3059. 2. The property is located in the LR-1C One Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 18, 2004 and recommended approval of the proposed conditional use permit by a vote of 4 in favor and 3 against. Page 1 of 5 r 1 O Q1 . ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL L k T 0 NO. 4. The City Council makes the following findings of fact: A. The cupola is decorative,does not increase living space,and extends from the easterly visual peak of the building but has no visual impacts over the remainder of the structure. B. The cupola is not out of character with the neighborhood,and is anticipated to be no higher than the general tree canopy line for the neighborhood. C. Hardcover and lot coverage by structures does not increase with the cupola. D. There is no access from the residence to the cupola. E. The proposed residence in all other respects meets setbacks,height, and lot coverage by structure requirements. F. Zoning Code Section 78-1366 allows such a structure via Conditional_ Use Permit with no specific standards to be met. 5. The City Council finds that granting a conditional use permit will not be detrimental to the health,safety or general welfare of the public,will 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. 6. The Cit Council has considered this application including the findings and City Pp recommendations of the Planning Commission,reports by staff and comments of the applicant and the affect of the proposed use on the health,safety, and welfare of the community. I Page 2 of 5 O O O ti CITY of ORONO �L 0, RESOLUTION OF THE CITY COUNCIL`9kES0 � NO. _ 5 2 4 0--- CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit for 1335 Tonkawa Road per Municipal Zoning Code Section 78-1366(A)(3) to permit a cupola to be constructed upon the roof of the proposed residence where 30' defined height is the maximum allowed for the LR-1C zoning district,such cupola to extend 7 feet above the highest peak of the roof of the house, subject to the following conditions: 1. Council approval is based on the site plan and cupola design submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this conditional use permit run with the property not with the applicant,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this approval will expire on that date October 25, 2005). 3. 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. 4. The undersigned owner 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 City Council of the City or Orono,Minnesota at a regular meeting held on the 25th day of October, 2004. ATTEST: f 41 f' G� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor rApp cant(s) i" Page 3 of 5 ' O 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL G �`4kES�I�� NO. 95 2 4 0 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �5 day of Qc Jdj ,,, , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. L; KRISTI S.ANDERISM! NotAy Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this Z day of 2004 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. RACHEL DO C(37 Notary Public NOTARY FU'LIC Aiy Ccramission Expires Jan.:: Page 4 of 5 ® 1V' ti TY Of ORONO �l RESOLUTION OF THE CITY COUNCIL�Gti 9kESI304� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ii`5 day of yV;ve,vt/D ; 2004 by —)-,-L lo e_ husband of ` / ! x NOTARY PUBLIC MINNESOTA ! >. My Commission Expires Jan.31,KC5 ~� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before ire this 19I rday of lL ��, .;12004 by ;i'_ll e-_ f 1 , �-; �^c Imo . CS -` -tc'•r' wife of --._� c:t. RACHEL QOCCIS NOTARY PUBLIC MIN TA My Cammisslon Expires Jars 0; ,�.� . ... Notary Public Page 5 of 5 EXHIBIT A RESOLUTION NO. 5240 rd c _ i r a s yy cc N 3 6 W f/7 4J-�1 Y F- a ._.-__•U ♦: ••• �tr 5�.. iv n � �y q� LJ- m ui LL / • IAS ♦ � y V� Q+ �+ `OA �\ It Dr —ire •' ..� AlA�"Jl 7 t WQ t 31} O FH"�f� fi"T�-c'a .G .t-7. •�•{'� :� ,� I u.g .:�.i•�r-r' '�� j`, a.� , i'�I.i,-��•t'yC-;'I ..,1.' __y._.._...� ' I��•�k.'?� Wit. i3•rc ='�.I�-�•r'r'�< "�!'�`'�''i .j! 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