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Home My WebLink AboutResolution 5457 Doc No 8819637 06/29/2006 09:44 AM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 233319 Deputy 4 Fees $35.50 DOC $10.50 SUR $46.00 Total A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR PLUMBING IN AN ACCESSORY STRUCTURE PER MUNICIPAL ZONING CODE SECTION 78-393, SUBDIVISION (14) FILE NO. 06-3177 O O O ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ��`9kESI;0 NO. 54 5 7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR PLUMBING IN AN ACCESSORY STRUCTURE PER MUNICIPAL ZONING CODE SECTION 78-393, SUBDIVISION (14) FILE NO. 06-3177 WHEREAS, William H McCrackin and Ann M. McCracken, husband and wife, (hereinafter "the applicants") are the owners of the property located at 4355 Chippewa Lane within the City of Orono (hereinafter"City") and legally described as: That part of the South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23 West of the 5ch Principal Meridian which lies west of the East Quarter thereof and east of the West 421.70 feet thereof and north of the railroad right-of way, Except the East 10.00 feet there of; Also Except the North 368.00 feet of the West 314.50 feet of the East 324.50 feet thereof, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 78-393, Subdivision (14) to allow installation of plumbing including a toilet and bathroom sink in an accessory structure; and 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 April 17, 2006, at which times 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#06-3177. 2. The property is located in the RR-lA Zoning District, where 5 acres is the minimum lot area. The property is approximately 5.1 acres in area. 3. The Planning Commission reviewed this application on April 17, 2006 and on Page 1 of 6 - O � CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SIIDg�G NO. 54 5 7 a vote of 6-0 recommended approval of a CUP for plumbing in the accessory structure,based on the following findings: a. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. b. The plumbing fixtures proposed are in keeping with the intended use of the accessory structure. C. The property size and accessory building location are sufficient to allow the conditional use permit to be granted. The accessory building is in a conforming location. d. The CUP should be subject to the standard "Plumbing in Accessory Structure" conditions. 4. The City Council finds that granting a conditional use permit to allow plumbing in the accessory structure will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, 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 findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 78-393, Subdivision (14) to allow plumbing including a toilet and bathroom sink to be installed in the accessory structure, per the site plan and building floor plans attached to this Resolution as Exhibit A and as annotated by City staff, subject to the following conditions: 1. The applicants by executing this resolution agree and covenant that the property will be bound by the following conditions: Page 2 of 6 O 4 ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SIiOg�G NO. 54 5 7 A) The accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code; B) The accessory building will not be used as a dwelling unless a guest house CUP is obtained; and C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 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 plumbing permit for same within one year of the date of Council approval, or this approval will expire on that date (April 24, 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, understood 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 this 24th day of April, 2006. i' . Y TST; ^ Y Ii it a �6;,City.,Clerk Barbara A. Peterson, Mayor c Ann M. McCracken illi cCrackin Page 3 of 6 ti C ITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �L9kESI;0 NO. 54 5 7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this o2 {day of 60' , 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 Notary Public My Commission Expires Jan.31,2007 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this`'!day of 4 r i , 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. [= y RACHEL DODGE Notary Public NOTARY PUBLIC-MINNESOTA :;, :> My Commission Expires Jan.31,2010 Page 4 of 6 e � O� O � O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL `9kESI'iID NO. 5 5 7 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of t-Ju-A-2— 2006 by Ann M. McCrackin, wife of William H. McCrackin. BARBARA G. SILUS NOTARY PUBLIC-MINNESOTA &4.6 a-to My Commission Expires Jan.31,2008 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �?` day of 2006 by William H. McCracken, husband of Ann M. McCrackin. 1r a r, =PUBLIC- NEN NOTARYSOTA Notary Publi1,2010 Page 5 of 6 • 5457 Exhibit A File No. 06-3177 1w ti�..IM.�.1N "ma'cuvzoo 6v i sussmova 5� j 1 I I zN I • ��I � I I s�� I I ^ rr•' I w—Lv I J ' z --- ---I I 4 .Q.w.Mto M "�] .j tij 4Vi f I►� 9-': S_- w ( :s I I STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on April 24 , 2006, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 27th day of April , 2006. City Clerk