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Home My WebLink AboutResolution 5396 � � -� . - . ,� O� t � � O �+ O 9 � CITY of ORONO � - - � - ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEsKO�`'�G No. 5 3 9 6 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT � PER MUNICIPAL ZONING CODE SECTION 78-418 (16) FILE NO. OS-3156 WHEREAS, Kevin Gamett and Brandi Garnett, husband and wife (hereinafter "the applicants") are the owners of the property located at 450 Orono Orchard Road South within the City of Orono (hereinafter the "City") and legally described as follows: Lots 5 and 6 Auditor's Subdivision No. 307 and Lot 15, Block 12, • Minnetonlca Bluffs,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 phunbing, consisting of a toilet, tub or shower and sink, in an existing accessory building located on the south side of the Property. NOW, THE]I�EFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3156. 2. The Property is located in tlie RR— 1B, Zoning District which requires a minimuin lot area of 2.0 acres and a minimum lot width of 200 feet. The applicant's Property is in excess of 14.0 acres and 670 feet in width. 3. The Planning Commission reviewed this application at a public hearing held on October 17, 2005 and recommended approval of the conditional • use permit based on the following findings: Page 1 of 5 � � °� � � o �, � : a CITY of ORONO � - : � , ti ti RESOLUTION OF THE CITY COUNCIL ��`�k'ESH.�4�G NO. 5 3 9 6 a. The applica�its 11ave demonstrated compliance with the conditions . noted ii1 Section 78-418 (16), a through e, of the Zoning Ordinance. b. The proposed use of the accessory structure 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 buildin� 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 rentaUlease of the building as a dwelling. . � . 4. The City Council has considered this application including the findings and recommendation of the Planning Cor�unission, 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 conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that�anting 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 necessaxy 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. CONCLiJSIONS, OItDEIZ AND CONDITIOletS 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 , • existing accessory building located on the south side of the Property, subject to the following conditions: .. Pa;e 2 of� � � �� CITY of ORONO ,� � . ., � ��l �Gti RESOLUTION OF THE CITY COUNCIL �.kEs�o4� rvo. 5 3 9 6 l. Council approval is based oii the site plan subinitted by the applicants a�1d � annotated by City staff, attached to this Resolution as Exlubit A. Any amendments to the site plan which are not ii1 coiiformity with City codes will require further Planning Commission and City Council review. 2. The applicants hereby covenant and agree 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. Reilted, leased or otherwise provided for use as a dwelling under any circumstances. The applicants acknowledge that if a fiiture subdivision of the property leaves the • accessory building on a lot less than 2.0 acres in axea, the City may require that the plumbing in the accessory building be removed. Further, 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 (October 24, 2006). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constih.ite a violation of the zoning code, shall automatically . terminate any authority granted herein, and shall be pluushable 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. • Page 3 of 5 .� _ �°� � o � . o - CITY of ORONO � � � ., � ti RESOLUTION OF THE CITY COUNCIL ��`9kESI;Og'�G NO. 5 3 9 6 �h Adopted by the Orono City Council oii the 24th day of October,2005. ATTEST: . ,� ��lll-�" ��s�� Linda . Vee, City Clerk Barbara A. Peterson,Mayor . 4 f � perty Owner(s) � • STATE OF�MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this �1�day of .�r , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City: otar Public � _ LINDq S, VEE , '� NOTARY PUgLIC-MINNESOTA STATE OF MINNESOTA '""'" My Commission Expires dan.31,2010 COUNTY OF HENNEPIN The foregoing instrument was acicnowledged �before me on this��day of �c�e,`M�2005 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. � �� RACHEL DODGE Notary Public ' NOTARY PUBLIC-MINNESOTA �;,s;;�. My Commission Expires Jan.31,2010 Page 4 of 5 __ : � °� � � o � � - S CITY of ORON4 � - � . � ti �� G'�' RESOLUTION OF T5 3C�ITY COUNCIL b `�kEs�i�g' NO. STATE OF MINNESOTA COUNTY OF HENNEPIN � This instrument was acknowledged before me this L�ay of ��f✓ , 2005 by Keviii Ga�.nett, husband of Brandi Garnett. x�as�*aaraoa GERALDINE K.LUOMA , / P10TARY PUBLIC-MINNESOTA C� �� My Commission Expires Jan.31,2oio N tary Public � STATE OF MINNESOTA • COUNTY OF HENNEPIN This instrument was acknowledged before me this�°day of , 2005 by Brandi Garnett, wife of Kevin Garnett. � .�,L�Y ��C�`� �� y,. . _ GERALDINE K.LUOMA N�otary Public NOTARY PUBLIC-MINNESOTA � My Cammdssion F�cplres Jan.31,2010 �or�'e� � Page 5 of 5 ' . . . EXHIBIT A � . - ,�'i396 � � - — ---�--- , n�r' ,e-i i � i � \ � � \\ 1 . . i � - �. � � � f 1 �\ � I 4POSr� � / I \ � �b' I / � / / � G� �' � � � � / / � �9� �� \ \ � I 1 son / 1 I I � � �` �, \ \ \ � � � i f '�P'°( ! 1 / l \ °`"�� axmK \ '� � �� 1 I 1 rw,,.x � �� \� 1 1 I � � ` \ � �� -9&2----- — [ � , � I 1 � 1 urcn ,e. 1 1 �1 sen I �\ �u . � `b \ �, 1 �� 1 . �` 1 Ij �� 98a------- --- C E �\ � 1 11 1 1 �1 ,1 � . 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