HomeMy WebLinkAboutResolution 54421A
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5442
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 78-418 (16)
FILE NO. 06-3181
WHEREAS, Dean C. Leischow and Kelly C. Leischow, husband and
wife (hereinafter "the applicants") are the owners of the property located at 1200 Old
Crystal Bay Road South within the City of Orono (hereinafter the "City") and legally
described as follows:
Lot 1, Block 1, Breckenridge, Hennepin County, Minnesota
(hereinafter the "Property"); and
WHEREAS, the applicants have made application to the City of Orono
for a conditional use permit per Orono Municipal Zoning Code Section 78-418 (16) to
allow installation of plumbing, consisting of a toilet, tub or shower and sink, in an
accessory building located on the Property.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
1. This application was reviewed as Zoning File 06-3181.
2. The Property is located in the RR — 1B, Zoning District which requires a
minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The
applicants' Property is 2.57 acres and 294 feet in width.
3. The Planning Commission reviewed this application at a public hearing
held on March 20, 2006 and recommended approval of the conditional use
permit based on the following findings:
a. The applicants have demonstrated compliance with the conditions
noted in Section 78-418 (16), a through e, of the Zoning Ordinance.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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b. The proposed use of the accessory structure as a pool house will not be
detrimental to the residential character of the neighborhood.
c. The Property exceeds the 2.0 acre minimum lot area requirement.
d. The accessory building in which the plumbing will be located is
conforming in location, size and height.
e. The applicants have agreed, as part of this resolution, to enter into a
covenant that disallows use of the accessory building for a home
occupation, dwelling, or rental/lease of the building as a dwelling.
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.
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 per Orono Municipal Zoning Code Section 78-418 (16) to
allow installation of plumbing, consisting of a toilet, tub or shower and sink, in an
accessory building located on the Property, 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.
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Auk- CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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2. The applicants hereby agree by executing this resolution and covenant that the
accessory building that is the subject of this resolution 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.
The applicants acknowledge that this covenant shall be binding upon current and
future owners of the Property, and shall be filed within the chain of title of the
Property.
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
permit for the new construction within one year of the date of Council approval,
or the conditional use permit will expire on that date (March 27, 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, 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 27th Day of March, 2006.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property ner(s)
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. . 5 A d2_
The foregoing instrument was acknowledged before me on this L day of
Mand , 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
KRISTI B. ANDERSON
NOTARY PUBLIC -MINNESOTA
MY Commission Expires Jan. 31, 2007
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on thisday of
mow, 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.
R=DODGENOTAMy Com
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this q day of Am , 2006
by Dean C. Leischow, husband of Kelly C. Leischow.
DENISE M. IC
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
Notary Public
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5442
This instrument was acknowledged before me this day of �, 2006
by Kelly C. Leischow, wife of Dean C. Leischow.
DENISE M. LESKINEN
NOTARY FU13LIC'- MINNESOTA
my Commission �p otary Public
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BUIL DING
FERMI T SUR VE Y Lond
R. Cardarelle
LEICHOW RESIDENCE I 6440ank FLYING CLOUD DRIVEurveyor
I0ESKUCHE DESIGN I EDEN 41-3 E, 1 55344
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952-941-3031
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