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Home My WebLink AboutResolution 4906 • ^ C Iv ON. =�= a - CITY of ORONO tl �,. ti �,. �7 11� -�1_ C.) RESOLUTION OF THE CITY COUNCIL �E4 NO. 4906 L.,; sKD A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE -,-`, SECTION 10.75,SUBDIVISION 1, t,,:, FILE NO. 02-2847 WHEREAS, James Nystrom, (hereinafter "the applicant")is owner of the property located at 1725 Concordia Street(hereinafter"the property")within the City of Orono (hereinafter "the_City") and legally described as follows: Lots 13 and 14, Coffee's Addition to Shadywood, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.75,Subdivision 1 to permit a cupola to be constructed on the roof of a residence to be 34.5' where 30' height is the maximum for the LR-1C zoning district. 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 November 18, 2002, at which time 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 - y4 1. This application was reviewed as Zoning File#02-2847. 2. The property is located in the LR-1C Zoning District,One Family Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 18,2002 and recommended approval of the proposed conditional use permit by a 6 to 0 vote. 4. The Planning Commission made the following findings of fact: Page 1 of 5 Metro � C o Le.!*�S. Services inc. 0 4,0 CITY of ORONO Y$ ik , 6,' RESOLUTION OF THE CITY COUNCIL �� 4� o4� NO. 4 ' 0 41 �ESYi A. The cupola is decorative, does not increase living space. B. The cupola is in character with the neighborhood. C. Hardcover and lot coverage by structures does not increase with the cupola. D. There is no access from the residence to the cupola. E. The residence meets all hardcover, setbacks, height, and lot coverage by structures requirements. 5. The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfare of the public,will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties,nor will its use depreciate surrounding property values 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional .use permit per Municipal Zoning Code Section 10.75, Subdivision 1-.to permit construction of a cupola on the roof of a residence to be 34.5' where 30' height is the mail-Mum for the LR-1C zoning district, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicant,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (December 9, 2003). Page 2 of 5 1. 0k O 4 , - CITY of ORONO \n/41 G RESOLUTION OF THE CITY COUNCIL �� Mf g4 NO. 4 " ESII0 3. 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. 4. The undersigned owner and applicant 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. '' : .Mflopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the 9t ;day-tlfDecer ber, 2002. t ,T,' $T: 0 w' m ' '''.1.0' .: i,'it:'5:Y ,*:--ri ,,'s / , , / 4-, / i — Li da S_Vee;City Clerk Barbara A. Peterson, Mayor (.1-_:-.- ` Appli t (s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 9th day of December,2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporationand said instrument was executed on behalf of the City. ., • Ci3O..A,A.)A9v o t Notary Public ll %✓1:.C./.:/.,.'i,,i,'/_//_'.may„'.',iii. . �„ ALISSA A.WINTERNREIMER .. NOTARY PUBLIC-MINNESOTA i My Commission E;;;;',,,.J..,.31,2006 ; Page 3 of 5 .,j i?v °4?:I,� O . �t : - CITYof ORONO t 4 �, '� ��, ( . , G4&_.' RESOLUTION OF THE CITY COUNCIL �9 ` , 4� NO. STATE OF MINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this /CP day of December, 2002 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. /.../L L //L Z/l-.�� / -.,�� Notary Public 1./!�/•I-/1-!/:- , .:?-4'rvi.. DL\IS2 M. LESKINEN NOTARY PUE1UC:01f NNESOTA STATE OF MINNESOTA = My commis;; , Jin.3t.2005 COUNTY OF HENNEPIN ��1��- J s,•y Ire On this/(p day of ')(i J e,- ,2002, Jc.-cnt..,,5 Z`. Nystronrl personally appeared before me, who is personally known to me ,/ whose identity I proved on the basis of CA i)/— whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. / ' CL A Notary Public DENISE M.LESKINEN STATE OF MINNESOTA rlr NOTARY PUBLIC•MINNESOTA COUNTY OF HENNEPIN '' My Commission ExIC;,s Jan.31,2^C51 On this day of , 2002, ! personally appeared before me, who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/affirmation of , a credible witness and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as his/her/their free act and deed. Page 4 oft WbRj�pot,+r :OTE: The cupola at the house is optional. 13 construction of the cupola can only occur after the City of ' 'rono has approved same, which requires planning • M. smmission and city council approval. Contact Kyle Hunt (- (4' --'y�''�E7-ss,L� 12-00E-c7 f----- -.... . -` r p -I- „1,/,101,-14-4"o!NT - f xrs before an construction of the cupola occurs. ..--1.45P1-1p,L y}-I1t.M...a. {�pF5 /- ' I41=-_tPF - i\ -f • I OPt-tOw/�t� t� ' ,.. 111 i —.-_. _—'-�'--- _.:.' • ��a. — ��//% r 'Ae2 ,C't --•-- ph s J �L rte-. x^71 tv. .-(tr`,-fir s8t -, — I'L \ssss .\:ss, i I I•'1 • t V b1.-1...01, - ,49FFip;T Rood I �, itN. _— !� •'`tett 1' --)4—_ \ ' :••1 , , V. ~ • �. WOOD J 1 F 41.0rii t •�•'' ' -.' 0; _t_V-1- , — V—b1 °C1VP ll •\�•. j f'ROJEGrII`t f _`\ T ! GE1>^1` Q. 5h = .., . WOOD v� • : t • I 1 -- ._.-._1 -._.�_.� • �t ir ( -- -- ..-__- z li r1 F._ •a — .'t -4.1: at:= _=_t.11 — _— — '� I � / jl ' —rj • i i to _1� , �� Q�_ �111E11-1 Q ! 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