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Home My WebLink AboutResolution 4820 AVt, V \ (70 O SCANNED _)--=---:,-,- o.- CITY of ORONO ;„t \t ii^110 �C RESOLUTION OF THE CITY COUNCIL e�ri v4.kE o� � NO. 4820 , sK\ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE ' SECTION 10.03, SUBDIVISION 10 FILE NO. 02-2784 WHEREAS, Robert Tunheim and Katherine Tunheim, husband and wife, (hereinafter"the applicants") are the owners of the property located at 2755 Countryside Drive W. within the City of Orono (hereinafter "the City") and legally described as follows: Lot 2, Block 3, Old Crystal Bay Road Addition, Hennepin County, Minnesota. (hereinafter"the property"); and WHEREAS,the applicants have made application to the City of Orono to permit an "Accessory Structure on a Through Lot-Conditional Use Permit" allowing accessory structures(pool and sport court) to be constructed on the subject property which is a through lot. 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 May 20,2002, 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 1. This application was reviewed as Zoning File#02-2784. 2. The property is located in the RR-1B Zoning District,where 2 acres is the minimum required lot area. The property consists of approximately 92,534 s.f. or 2.124 acres. 3. The Orono Planning Commission reviewed this application on May 20, 2002 and recommended approval by a vote of 7 to 0. Page 1 of 5 Metro Legal Services Inc. Box 491 %:,'� 0 \ , O O \ i ==- co. _ CITY of ORONO •4 ios to / RESOLUTION OF THE CITY COUNCIL �kESHOV NO. 4 8 2 0 4. The Planning Commission made the following findings of fact: A. The accessory building meets required setbacks from both Countryside Drive W., Old Crystal Bay Road and the side lot line. B. The proposed conditional use would not be detrimental to public health, safety or welfare. C. The subject property is a"through" lot located in a"R" District therefore a conditional use permit is required for the accessory structures. 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 above findings, the Orono City Council hereby grants a conditional use permit to allow accessory structures on the subject property which is a through lot. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants 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 resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (May 28, 2003). 3. The City Council finds that granting a conditional use permit to allow accessory structures on a through lot will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties; nor will its use depreciate surrounding Page 2 of 5 . . , . , -,„ 7 g. 0.4t\ k) Co :tlP-1..,- CITY of ORONO 1 ,4,, Mi I1 ��'��, RESOLUTION OF THE CITY COUNCIL 9k t z- NO. 4 8 2 0 Esx� property values and that the proposed level of use of the property will be keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 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 City Council of the City or Orono, Minnesota at a regular meeting held on the 28thday:of May, 2002. s z si 4 M`iT�:� > . A, TE c ; '1 , "da S Vee, City Clerk Barbara A. Peterson, Mayor ;;,..40,,,.1,- : / `"L :N 4--!*- 74 .�j v'--- .--tai _ + r'Operty`Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of May, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. stet,-,40, -. �� Notary Public L! lDA S. V rt—t� NdOT.A?Y PU . SOTA sl, Commission Expires Jen.:)1,2005 lti Page 3 of 5 ,z-v, 0.4;:\ (1:01 \\\\ CITY of ORONO ► IM �G� NO. 4 8 RESOLUTION OF THE CITY COUNCIL 20 ��kESHO� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this V day of , 200-2- by Linda S. Vee, City Clerk of the City of Orono, a Minnesota munici al corporation and said instrument was executed on behalf of the City. RACHEL DODGE rr n NOTA%' c '•0 V• �^5 My"v cCNotary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this /0 day of J-vt , �C)o -,% 6• TuAU/-7e--/A4 personally appeared before me, who is personally known to me r/whose identity I proved on the basis of MA/ ` e-- whose identity I proved on the oath/affirmation , 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. ,, CENISE M.LESKINEN !.r.. NOTARY PUBLIC-MINNESOTA ' ' My Commission Expires Jan.31,2005 ti Notary Public :✓.✓✓.1./.��ii/��.i�f�✓./.11✓�/ll_/"Jl STATE OF MINNESOTA COUNTY OF HENNEPIN • On this /0 day of J fink= , 20 U2, , 4 l/1E"4/AJ ,4. 1 NE/,4 personally appeared before me, who is personally known to me whose identity I proved on the basis of /ti(/t/ DL. whose identity I proved on the oath/affirmation • , 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. 4 - DENISE M.LESKINEN S igh ti t _ rac�t NOTARY PUBLIC-MINNESOTA 11l My Commission Expires Jan.31,2005 ti Notary Public Page 4 of 5 . Exhibit A OLD z C.-AY SQA L BAY. R•aA� 4 4 8 2 0 EG6E OG BIT—--i A"; lfb.lD� / K �_ . 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