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Home My WebLink About#5051-CUP-2003 r , � ' � � O� O O a '� CITY of ORONO � � -: ;. � , ti �� G�' RESOLUTION OF THE CITY COUNCIL �kESfIOg' . NO. eS O � �: A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-1431 FILE NO. 03-2941 WHEREAS, Paul David Cady and Judith Lynn Cady, husband and wife (hereinafter "the applicants") are the owners of the property located at 465 Turnham Road within the City of Orono (hereinafter the"City") and legally described as follows: Lot 1, Block 3, Turnham Toll Addition,Hennepin County,Minnesota (hereinafter the"property"); and • WHEREAS, the applicants have made application to the City of Orono for a conditional use permit to Orono Municipal Zoning Code Section 78-1431 to allow construction of a pool on a through lot. ' NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2941. 2. The property is located in the RR — lA, One Family Rural Residential District which requires a minimum lot area of 5 acres where the applicants' property is 5.948 acres. 3. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the conditional use permit based on the following findings: a. The pool if constructed in the location indicated on the submitted plans will meet all principal structure setbacks, will not be visible from surrounding roadways, and will have no negative impacts to � neighboring properties. Page 1 of 5 � o� , 0 0 � �� CITY of ORONO , � . ;. � , ti �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKO4 No. � 0 � 1 4. 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. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the • applicants; and would be in keeping with the spirit and intent 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 to Orono Municipal Zoning Code Section 78-1431 to allow construction of a pool on a through lot, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 5. Authorities granted by this resolution run with the property not with the applicants, but are pernussive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use pernut will expire on that date(September 22, 2004). 6. 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. � , Page 2 of 5 .� 0,�. O 4 � � '_ � � CITY of ORONO � � -.,,;. � ��L �G~' RESOLUTION OF THE CITY COUNCIL �kEs�IOg' NO. 9 O � �. 7. 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22"a day of September, 2003. ATTEST: _ ��+�� , Linda S. Vee, City Clerk Barbara A. Peterson,Mayor • � G P operty O er(s) • � Page 3 of 5 , , s � O� O O • � �� r I�� CITY of ORONO � '. .�i'. .. Y7 � ��L �G'�' RESOLUTION OF THoE CITY COUNCIL `9kES�IOg' NO. � e� Y STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �day of ��2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City: C�'�q�..c_ �--e--� ,�voC.�.. Notary Public f�.,' -�- ' ��' RACHEL DODGE V r;a��r�f�'4' g` NOTARY PUBLIC-MINNE?OTA ' Y ��,:} ;,'� F.�y Cemmiss;on Exp;res Jan.31,2005 �^..e's:.��-1�.^"'�'.V^.,,�"_'Y�_,� • , STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � day of �, �"�, 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal corporation and said instYUment was executed on behalf of the City. ��.��..:_.-"�� L-�'f�O�c��'� �GbR�— � ��:.'±�� RO�CHEL DODCE � Notary Public NOTARY PUBLIC-MIN�E"OTA _�: � PAy Commission ExpGes Jan.31,2005 ".:::�_"<:.A.: • , '� Page 4 of 5 � • . • � O� ' • , O � - � CITY of ORON4 ,� -- .-,. �, � ti �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKog' No. 5 0 � 1 State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 2�'ay of 2003 , by Paul David Cady, husband of Judith Lynn Cady. � BARBARA G.SILUS ��x��-�c NOTARY PUBLtC-MINNESOTA ' ;,�� My Commission Expires Jan.31,2ooa Notary Public • State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this Z7 day of �fit; 2003 � by Judith Lynn Cady,wife of Paul David Cady. BARBARA G.SILUS . NOTARY PUBLIC-MINNESOTA ��r�vt.� My,�v�sbn E�cplres Jan.31,2008 Notary Public � Page 5 of 5 ,