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Home My WebLink AboutResolution 5462CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5462 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR PLUMBING IN AN ACCESSORY STRUCTURE PER MUNICIPAL ZONING CODE SECTION 78-418, SUBDIVISION (16) FILE No. 06-3187 WHEREAS, Chad R. Abraham and Mike1. T. Abraham, husband and wife, (hereinafter "the applicants") are the owners of the property located at 2920 Fox Street within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 1, Stubbs Farm, 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 78-418, Subdivision (16) to allow installation of plumbing including a toilet, bathroom sink and shower 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. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS This application was reviewed as Zoning File #06-3187. 2. The property is located in the RR -1B Zoning District, where 2 acres is the minimum lot area. The property is approximately 2.5 acres in area. 3. The Planning Commission reviewed this application on April 17, 2006 and on a vote of 5-0 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. Page 1 of 5 Q CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5462 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 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. 5. 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. • 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 78-418, Subdivision (16) to allow plumbing including a toilet, bathroom sink and shower 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 covenants that the property will be bound by the following conditions: A) The ' accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code; Page 2 of 5 `1 1�� 0 C) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. '5469 The accessory building will not be used as a dwelling unless a guest house CUP is obtained; and 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 (May 8, 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 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 Orono City Council on this 8 1 day of May, 2006. ATTEST: Linda S. Vee, City Clerk Chad R. Abraham • Barbara A. Peterson, Mayor Page 3 of 5 Jtw Mikel T. Abraham • • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5-4-. The foregoing instrument was acknowledged before me on this 8 day of 01cGj - 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. �,r,,/1/1!J.fJ'l./"l.Y�!✓.11l-tel✓' .1.,,/Y,lI-.S Y.1.r./l-/YJIlllJ../.il�l././J/JY.i"./✓.i STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Pu lic The foregoing instrument was acknowledged before me on this �5 `day of Imp -1 , 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. --03288 J RACHEL DODGE Notary Public NOTARY PUBLIC MINNESOTA Page 4 of 5 .7 • 14� ti J� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5462 This instrument was acknowledged before me this day of , 2006 by Mikel T. Abraham, wife of Chad R. Abraham. /lJ./!.�!lllllllllll.�lll✓l✓!-.S `ll Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2006 by Chad R. Abraham, husband of Mikel T. Abraham. 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