Loading...
HomeMy WebLinkAboutResolution 6205 � o� O , O CITY of ORONO � • �'• F RESOLUTION OF6T ZE�CS COUNCIL �'C� � , G'y' NO. ��kESH�4� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-418 FILE NO. 12-3588 WHEREAS, Justin Kelly and Susan Kelly, husband and wife (hereinafter "the Applicants") are the owners of the property located at 2990 Sussex Road, within the City of Orono (hereinafter the "City") and legally described as follows: Lot 3 and the northerly 53.00 feet of Lot 4, Block 3, FOX BEND, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for a conditional u�e permit pursuant to Orono Municipal Zoning Code Section 78-418(6) to allow installation of a full bathroom including a bathtub and/or shower within a conforming pool cabana accessory structure (hereinafter"Pool Cabana") on the Property; and WHEREAS, the provision of a bathtub or shower �nrithin an accessory building is considered a conditional use within the RR-1 B zoning district pursuant to Orono Municipal Zoning Code Section 78-418(6) upon agreeing to the standard covenants outlined within Code Section 78-418(6). NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3588. 2. The Property is located in the RR-1 B Rural Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. 3. The Planning Commission reviewed this application at a public hearing held on January 22, 2013 and recommended approval of the conditional use permit based on the following findings: a. The Property has 3.69 acres in area and 358 feet in width. Page 1 of 4 .� o,�,. O � O CITY of ORONO :� � ��' � RESOLUTION OF THE CITY COUNCIL � �� No. 6205 ��kESH�g'� b. The Council finds that the plumbing fixtures proposed are in keeping with the intended use of the Pool Cabana. c. The Pool Cabana is conforming in location, size and height. d. The Applicants agree to the filing of a covenant in the title of the Property providing that the Pool Cabana will not be used for a home occupation unless specifically approved by the city or if allowed by this Code; used as a dwelling unless a guest house conditional use permit is obtained; and will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 4. The City Council has considered this appiication 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 Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUStONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-418 Subdivision 6 to allow installation of a fult bathroom including shower and/or bathtub within the existing Pool Cabana, subject to the following conditions: 1. Council approval is based on the building plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicants hereby covenant the Pool Cabana will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 2 of 4 .� o�. O � O CITY of ORONO - .� � - ;�:. � RESOLUTION OF THE CITY COUNCIL �� ' ��`� No. 6205 ��kEsHog'� 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/plumbing permit for the new construction and commencing construction of said project. A satisfactory final inspection for the plumbing installation must be completed within one year of the date of Council approval, or the conditional use permit will expire on that date (February 11, 2014). 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, understand 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 Property. Adopted by the Orono City Council on the 11 th day of February, 2013. ATTEST: - ���- �-.�..y� ��� Rachel Dodge, Deputy City CI rk Lili Tod McMillanT, IVlayor � � � �� �, Justi Kelly s n elly Page 3 of 4 .� o,� O , O CITY of ORONO - ,� � ,�'� F RESOLUTION OF THE CITY COUNCIL �'� � �~ No. 6 ? 05 t�kESH�g'� STATE OF MINNESOTA ) �� NOTAORVtPUBLCKMOtNNESOTA �SS. �''='� �GOMMISSION EXPIRES 1/31/2015 COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this l� day of , 2013, by Justin Kelly, husband to Susan Kelly. , � Notary Public STATE OF MINNESOTA ) f_:,� �.� CONNIELKOPlETZ NOTARY PUBLIC-MINNESOTA �SS. �� MY COMMISSION IXPIRES 1/31J2075 COUNTY OF HENNEPIN ) The f�regoing instrument was acknowledged before me this�day of 4�fiU�� , 2013, by Susan.Kelly, wife to Justin Kelly. ,-%� Notary Public Page 4 of 4 24'-0' l'-0' 5'-6' 5'-4' 6'-2' " 2'-4' 4'-S' VELUX �'F$ C06 �vKYLIGHTS lRA_ ZI'X45,�') .. ..., .. ..._ . ... . ... . . .... .. �OI�� _ � W _ MET I W L�HUNG T FLOOR C ILE� � ST� E FL R � ANK�ESS � V � � � WATEIR HEATER � I N '� 1'- ' TAL L — ?�� .. L- — J O -� WAL�S-HJ�OD CAP �=Q FLOOR DRAIN IDING DR 24SLIDING DR 24SL� ( DR � OR STANDPIPE � FOR POOL CE IL ING NUNG � � 0 0 w � — �Q611R:la/ERIF1� — — — — — —RAQIANT— — — — m-- — — 0 �9 LOCATIONI p Q HEATER � .9 V '1'-0' TALL � �� - POOL EQU P Q STORAGE CAB. -' CONC FLOOR ��• 0 �'-6' TALL � H , UJALLS W/ WOOD 0 � GAP � ' CD ENTRI' W iA STONE FLOOR 91NK REFRIG_ � vAULTED GLG. �----- ?-2XI0 HDR � . IGONTa . . 5'-0' P IR OF SCRE DOO INTERIOR WALLS �6 ?6 TO BE BEAD BOARD OR IX4 'v' GROOvE 5'-II' 5'-II' vERT. PANELING 6'-I' II'- ffl' b'-I' GEILING TO BE IX6 m � 'v' GROOvE Z4'-0' GEDAR BOARDS >C y CA,BA,NA, PI.A,N = � �: � = 1 Do � � 1/4" = 1'-0"