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Home My WebLink AboutResolution 4881 r O \ O ' a. CITY of ORONO W1: RESOLUTION OF THE CITY COUNCIL ESII04�G NO. 4 8 , 1 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2832 WHEREAS, Randy Arneson and Christina Arneson, husband and wife, (hereinafter "the applicants") are the owners of the property located at 625 Deborah Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 3, Block 1, McCulley Farm, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit a "Plumbing in Accessory Structure-Conditional Use Permit"to allow a toilet and sink to be installed into an accessory structure. 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 October 21, 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 #02-2832. 2. This property is located in the RR-lA Zoning District where 5 acre is the minimum required lot area. The property consists of approximately 4.949 acres. 3. The Orono Planning Commission reviewed this application on October 21, 2002 and recommended approval by a vote of 7 to 0 of a conditional use permit for plumbing in an accessory structure to allow for a toilet and sink based on the following findings: A. The proposed use of the accessory structure with plumbing will ggnot be Page 1 of 5 F.. O O , O CITY of ORONO RESOLUTION OF THE CITY COUNCIL L`�kES80 NO. 4881 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 location,size,and height meet minimum requirements to allow a conditional use permit to be granted. 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 an accessory structure, to include one toilet and one sink 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 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. 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 plumbing in an accessory structure to include a toilet and sink, subject to the following conditions: 1. The property owner agrees to the filing of a covenant for plumbing in an accessory building in the title of the property providing the following: A. The accessory building will not be used for a home occupation unless specifically approved by the City or if allowed by City Code. B. The accessory building will not be used as a dwelling unless a guest house conditional use permit is obtained. C. The accessory building will not be rented, leased or otherwise provided for Page 2 of 5 O O ' O to CITY of ORONO RESOLUTION OF THE CITY COUNCIL zslvc) NO. 4 4� use as a dwelling under any circumstances. 2. The property owner agrees to the filing of a covenant for an oversized building in the title of the property. 3. The property owner agrees to a pumping agreement for the holding tank. 4. 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 (October 28, 2003). 5. 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. 6. 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 28th dmf Octaler, 2002. ♦ d y i' Mt ,1 r1 . ♦ fr 1 t `c ,* ty Clerk Barbara A. Peterson, Mayor xy Prop Owner(s) Page 3 of 5 O I O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ESITO NO. 4 8 8 1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of October,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.'MOSSWeem �? legal RACHEL DODGE NOTARY Put � My Commbabn Expires Jan.31,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ' '7day of C1- C. /J-_ , 200 ry 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. =PUBLIC- TA 2005 - _. < < ,/l-Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this 3/ day of 0t1-%&6a- , 2002 Tat ncLr�Ti2e SOO personally appeared before me, who is personally known to me Whose identity I proved on the basis of kA N L 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. Notary Public DENISE M.LESKINEN Page 4 Of $ NOTARY PUSLIC-MINNESOTA My cwvn cion Expires Jan.31,2005 O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL �`�kEsKo4 NO. 4 8 8 1 STATE OF MINNESOTA COUNTY OF HENNEPIN On this--�L day of 0071)13 , 20 02- , (�414IS71W411 A rcN E SON 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. Notary Public DENISE M.LESKINEN NOTARY P JBW-MINNESOTA My CWM*31M Expfts Jan.31.2005 Page 5 of 5 l-v N - LL oW C-4 LL W ; cr 3 ^ ss--