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Home My WebLink AboutResolution 4789 4 � � �i==� �� . � o 0 �e. - CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��SHOg'� NO. 4 "�' $� A RESOLUTION GRANTING A CONDITIONAL USE PERNIIT PER MiTNICIPAL ZOIVING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2774 . WHEREAS,Mark Cree and Nancy Cree,husband and wife,(hereinafter"the applicants")are the owners of the property located at 3120 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: See Exhibit A (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, sink and shower 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 Apri115,2002,at which time all persons desiring to be heard conceming 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#02-2774. � 2. This property is located in the LR-1B Zoning District�here 1 acre is the minimum required lot area. The property consists of approximately 83,029 s.f. or 1.9 acres. 3. The Orono Planning Commission reviewed this application on April 15, 2002 and � recommended approval by a vote of 7 to 0 of a conditional use pernut for plumbing in an accessory structure to allow for a toilet,sink and shower based on the following findings: � . • A. The proposed use of the accessory structure with plumbing will not be Page 1 of 5 � /�� /� O� . • O O ��e. - CITY of URONO � � � � � �� G'�' . � RESOLUTION OF THE CITY COUNCIL ��sKO�'�� rvo. � 4 '�' 8 9 � 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, one sink, and one shower, will not be • detrimental to the health,safety or general welfare of the public,would not adversely . afFect light,air nor pose a fire hazazd 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, sink and a shower, subject to the following conditions: . 1. The properry owner agrees to the filing of a co�enant in the title of the property provicling 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 r /�� o o . ��b. - CITY of ORONO � � � �� ,'�' RESOLUTION OF THE CITY COUNCIL ��sxo�'� � rvo. 4 7 � � use as a dwelling under any circumstances. 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 yeaz of the date of Council approval or the special conditions of this resolution will expire on that date(Apri122, 2003). 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 terniinate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 22rid . day of April, 2002. ATTEST: � � � U � �ZP� Lin a S. Vee, City Clerk Barbara A. Peterson,Mayor n�-C� 0 � rry Owne s) STATE OF MINNESOTA . COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April,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. i / ... � Nozazy Public . JA E YOUNG Page 3 f 5 N�TARY PUBLIC-M{NNESOTA ��}��Expires Jan.31,2005 ; �---- /� �� . � o o � � ��b. - CITY of ORONO � � . �� G'�' RESOLUTION� OF THE CITY COUNCIL . ��`9$ESHp4��' . NO. 4 � $ � �� STATE OF NIINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this U`�'� day of p-�,�i 1 , 200 Z 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. Y RACHEL DODG� L�� ,'; NOTf�RY PUP,LIC-P�iN�d�:'OTA _Y My Commissian Cxpires Js�.3�1,� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN . � ' 2ooa- a�k (J� �'e� On this �3 day of � , , � • personally appeared before me, � who is personally known to me � ./"whose identity I proved on the basis of /�ti l�C— 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. . . No . GcvISE M.LESKINEN STATE OF MINNESOTA MOT��-�� COUNTY OF eHENNEPIN ' ��"�"�'�31'� . On this�� day of R.�`( ,20 nz, �f1-�l'C SC L' l� �.� personally appeazed before me, who is personally known to me � whose identity I proved on the basis of �-��e-�-� m e F:�n Pss ��_ whose identity I proved on the oath/�rmation , 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 deeci. C�/ MAP.Y ANN dOHNSON Notary Pub c . NGfARY PU�IC-IIAINNESOTA • 1+y►Cair+iiieion Expyes Jm.31,2005 Page 4 of 5 Exhibit A �� . �� . . . . . . . �- • � � � � � . . ��b. - � � C�TY of�ORONO ,� � - . �� p'�` � .RESOLUTION OF THE CITY COUNCIL � . . ��kEsK� . . . rvo. � . 4 '� 8 � . LEGAL DESCRIPTION • • • ' . ' ' . . Parcel t: �Lot 2. 81ock 4 and L'ot.3, Block 2, CRYSTAL BAY PARK including vacoted View Avenue adjoining said Lots, occording to the map �or,plat thereof on file and of record in. the Officc of the Register of Oeeds in and for said county. • • Hennepin County, Minnesota • - • • (Abstrcct) . . Pcrcei 2: That part of Lot 2, Block 2, and Lot 1, Block 4 and of•View Avenue and Maxwell Street � . (both now vacated) all. in CRYSTAL BAY PARK, described cs follows: 8eginning at the Northwest or ' � most Westerly corner of said Lot 2 in 81ock 2, thence Southeosterly olong Southwesterty line of � � soid Lot 2 to the Southwesterly or most southerly corner of said Lot 2; thence Southensterly in a straight line ocross said View Avenue, vacated, to the Northwesterly or mosi Westerly corner of said Lot 1 in Block 4 in said Crystal 8ay Pork; thence southwesterly elong �the Southwesterly line- ' • • of said Lot 1� to the Southwest oc,most Southerly corner of. said Lot t;••�Qid point being in the Northwesterly line of County Road Number 51, formerly known as Lafeye'fte Avenue; thence Northwegterly along the Northwesterly line of Caunty Road Number 51' to its intersection with o line drawn porallel with and distant 50 feet Northeasterly from measured at right• angles to, the � Northeosterly lines of Lot 2, Block 4 vnd Lot 3, Block 2 in said'�Crystal 8ay Pork; thence �Northwesterfy.on-o line 50 feet •IVortheasterly from, meosured St right 'angles !o, and parallel with � fhe.Northeasterly lines of said Lot 2, Block 4, and Lot 3, Block 2, said Crysta� gQy Pork, Yo the • •� Northwesterty line of said Lot 2, Block 2, Crystal Bay Park;"thence Southwesterly along the " � IVorthwesterly line of said lot 2 to the point of beginnin'9,` according to the plat thereof on file or of record in the Office of the Register of Deeds in ar,�i for said county. � Hennepi�_�,ounty, Minnesotc • . ' ' • (Torrens) . • . Subject to Eosements of record, if any. . • Page 5 of 5 � � , ;,�._ ;, • t _, ��---- �� . � o 0 ��b. - CITY of ORONO � � - �� G'�' RESOLUTION OF THE CITY COUNCIL . • ��`9k',ESgp4'� . NO. 4 r� ��' � � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.20,SUBDIVISION 3 (C) FILE NO. 02-2775 . WHEREAS, Temple Israel (hereinafter "the applicant"), is owner of the property located at 645 Tonkawa Road(hereinafter"the property")within the City of Orono(hereinafter"the City") and legally described as follows: Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and � WHEREAS, the applicant has applied for a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit construction of a 40' X 76' open air . pavilion on the properry; 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 Apri115,2002,at which time all persons desiring to be heard concerning this application were given the opporhinity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File#02-2775. 2. The property is located in the LR-1B, One Family Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on April 15, 2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. Camps aze listed as a conditional use in the"R"zoni.ng districts. B. The property recently was granted a conditional use pernut for construction of • Page 1 of 6 �i=� �7 O� . • O O � ��b. - CITY of ORONU � � - �� '�' . RESOLUTION OF THE CITY COUNCIL ��SH04� � NO. 4 "� � �' . � a toilet and shower facility. C. The pavilion meets all required setbacks for accessory buildings located within a camp. D. The proposed use of the pavilion is primarily for picnicking and group � gatherings. 5. -The City Council finds that granting a conditional use permit will not be detrimental to the health, safety or general welfaze 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 approves a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 3 (C) to permit construction of a 40' X 76' open air pavilion on the property subject to the following conditions: 1. The lighting shall be installed to screen any light source outside the building. � � Lighting shall be directed to only illuminate those areas contained within the structure.� 2. The building shall be used for picnicking and group gathering and shall not be used for any activities not associated with the normal operation of the camp. 3. The building shall not be used for activities that would generate noise levels to exceed levels as regulated in the noise ordinance for residential properties. � Page 2 of 6 �� . � o 0 ��b. - CITY of ORONO � � . . �� '�' RESOLUTION OF THE I COUNCIL ��sH�4� � NO. � � �� 4. Authorities granted by the conditional use permit run with the property not with the applicants. Applicant shall apply for a building permit within one year of Council approval(Apri122,2003)or any approval granted within this resolution shall expire. 5. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval 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 owner and applicant have read,understand and hereby a�ee 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 Ciiy of Orono, Minnesota at a regulaz meeting • held on the 22nd day of April,2002. ATTEST: 4 . (/ r Linda S. Vee, City Clerk Bazbara A. Peterson, Mayor � . APPlicant(s) �?C�C!.(_`FI v E��F2�C`rps72 . STATE OF MINNESOTA ��—�'�-��'L' � COUNTY OF HENNEPIN � The foregoing instrument was acknowledged before me on this 22nd day of April,2002 by Barbaza A.Peterson,Mayor of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. � GC� Notary Pu `lic .::��-,�.,.:.,� • JACKIE YOUNG � NOTARY PUBLIC-MlNNESOTA ' MY�ommiss(on Expires Jan.31,20d5 . Page 3 of 7 " i�� . � o 0 ��b. - CITY of ORONO ,� � - �� G'�' RESOLUTION OF THE CITY COUNCIL � ��`9ItESHpg'� � NO. � '� � `�' . . � STATE OF NIINNESOTA COUNTY OF HENNEPIN . The foregoing instrument was acknowledged before me on this `30�� day of �pr-i 1 ,200 Z. 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. ,��:�,Y RACHEL DODCE �� _ � ;� �� NOTARY PUBLIC-MINtdE..OTA t--��,L�a�P. /�c�:'� �?=�??F My Commission Expaes Jan.31,2005 ��r��+ Notary Public � STATE OF MINNESOTA COUNTY OF HENNEPIN � On this�_day of ,j,�r.-�-- ,20 a?— ��b�--- �� ✓ personally appeazed before me, ✓who is personally known to me whose identity I proved on the basis of . 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. ■ � i'k-�7,��it-� NEAL H.FRANK �ppy p�gL1C.MINNES07A Notary Public MY COM►�ISSION�P�ES 1�31•2005 � • � Page 4 of 6 ` i�� /� �� . �, o 0 ��b. - CITY of ORONO � � - �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SH�� NO. ' � � � '� STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of � ,20_, 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 ;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 � Page 5 of 6 ` '� �1 . � � O� � O O ' � CITY of 4RON0 � � �� , � .;-.. ti '�,,�L ' �Gti RESOLUTION OF THE CITY COUNC�L �kESI3�4�' NO: � � � � , Le�al Description Lot 11 Except the southeasterly 20 feet thereof, and lot 12,Auditor's Subdivision Number 207 of Hennepin County,Minnesota, According to the recorded plat thereof on file or of record in the Office of the Register of Deeds in said County. � � . � . . t , . . ; . . Page 6 of 6