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Home My WebLink About#4776-CUP 3 //�...�i_`\ /� O� O� � �O ' CITY of ORONO � � '� 4 ^ ti i! �� ,'�'/,�' RESOLUTION OF THE CITY COUNCIL �kESH�j/ NO. � `� �' � — A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (� FILE NO. 02-27�6 WHEREAS, David F. Dalvey and Jodi A. Dalvey, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1520 Bohns Point Road within the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot l,Section 9-117-23 described as follows:Commencing at a point on the West line of said Section 9, 400 feet north from the South��-est corner of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section to the shore of Lake Minnetonka;thence southerly along said shoreline 105.62 feet;thence west on a line parallel with the South line of said Section 9 to the point of beginnin�, Hennepin County, Minnesota (hereinafter "the property"); and WAEREAS,the applicants have made application to the City of Orono to permit a "Plumbing in Accessory Structure - Conditional Use Permit" to allow a toilet, sink and shower to be installed into an accessory stnicture. WHEREAS, after due published notice and mailed notice in accordance �vith �linnesota Statutes and the City of Orono Zoning and Plannina Codes, the Orono Planning Commission held a public hearing on March 18,2002,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application�vas revie�ved as Zoning File #02-27�6. 2. This property is located in the LR-1B Zoning District�t-here 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approYimately 36,753 s.f. or .84 acres. Page 1 of� ��-0-= � � O O � ��e - �� C ITY of ORONO � ��I � G'�'� RESOLUTION OF THE CITY COUNCIL �9kESH�S�`�// � °� °7 '� � _ � N0. 3. The Orono Planning Commission reviewed this application on March 18,2002 and recommended approval by a vote of 7 to 0 of a conditional use permit for plumbing in an accessory structure to allow for a toilet,sink and shower based on the following findings: A. The proposed use of the acce:;sory structure with plumbing will not be detrimental to the residential character of the neighborhood. B. The plumbing fixtures proposecl are in keeping with the intended use of the accessory structure. C. The property location,size,and]ieight meet minimum requirements to allow a conditional use permit to be g,ranted. 5. The City Council has considered this application including the findings and recommendations of the Planning Corrllnission,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. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow plumbing in an accessory structure to include a toilet; sink and a sho�ver, subject to the follo�ving conditions: 1. The property owner agrees to the filing of a covenant in the title of the property providing the followin�: A. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. B. The accessory building will not be used as a d�velling unless a guest house conditional use permit is obtaint.d. C. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 2 of 5 � � %� �\ 0 0 �, ' CITY of ORONO .e - a �� ~' ;� RESOLUTION OF THE CITY COUNCIL �kEsxo% rvo. 4 �' �' � = 2. Authorities granted by this resolution run with the property not�vith the applicants, but are permissive only and must be eYercised by application for a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (March 2�, 2003). 3. The City Council finds that granting a conditional use permit to allow plumbing in an accessory structure, to include one toilet, one sink, and one shower, will not be detrimental to the health,safety or general welfare of the public,would not adversely �ffect 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 w-ith the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 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 City Council of the City or Orono, Minnesota at a regular meeting held on the 25th day of March, 2002. ATTEST: n t ,J � �' J/, �� _ -- - _ 1,Gu �}��'� � inda S. Vee City Clerk Barbara A. Peterson, Mayor � ��,� P erty Owner (s %� � Page 3 of 5 /,;0--,� '�' .1�'� . O O �,, ��e - , CITY of ORONO � ��i� \�� ,~' ;' RESOLUTION OF THE CITY COUNCIL 9kESH�4 / N0. � °� 7 � �_� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was ackno�rledged before me on this 25th day of February, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munici al co or t' 'd instrument was executed on behalf of the City. � JACKIE YOUNG �; NOTARY PUBUC-MINNESOTA �� :,,�;�.� My Ccmmission Expires Jan.31,2005 - � Notary Public >'�'� ;..�� L ,�..�: ��` STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � �'T day of ��i � , 200 2 b5�Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . ..:,.�.1_ . F;RU;-IEL DODGE � '� riorF,��"r-ueuC-MiNrJE^OTA �/'' � , /1�� - �1' � f My Commission Expires Jan.31,2005 / ��l`�� -�C-�'�� Notary Public � STATE OF MINNESOTA COU�ITY OF HENNEPIN �-ti. On this /�' day of��,�� , 20 0�, L�,4v�/� � �r3Lt�G�/ personally appeared before me, who is personally known to me _� whose identity I proved on the basis of �I A/ i�L whose identity I proved on the oath/affirmation , a credible witness and w•ho eYecuted the foregoing instrument, and acknowledged that he/she/they eYecuted the same as his/her/their free act and deed. Notary Public �� Page 4 of 5 0��: �/Y��rV�w►'IAn�V-�r ^'7�i0�t�M.�11'� / - �/�� O� ;o o , �e - , � ,� C ITY of ORONO � � ti , \��t ��'/i' RESOLUTION OF THE CITY COUNCIL � 4 / � 7 �' � �kES� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of ( , 20G2 , �cr�i� A.�n �L��UZ�/ personally appeared before me, who is personally known to me � whose identity I proved on the basis of �lU 17 L whose identity I proved on the oath/affirmation , a credible witness � and w•ho executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. , � Notary Public DENISE M.LESKINEN NOTARY PUBLIC-M�N►�ESOTA �y�y�r�On Expi�s Jan.31,2005 Page 5 of�