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Home My WebLink AboutResolution 4790 .� . � �� - . �� i o o � � ��s. CITY of ORONO .� � ti .- '�' RESOLUTION OF T E CITY.COUNCIL ��`9�i'E Og'�G . NO. � `� � � . S� A RESOLUTION GRANTING A CONDITIONAL USE PERNIIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2770 WI�REAS, David and Kathryn Biek, husband and wife, (hereinafter "the applicants")are the owners of the property located at 4675 Creekwood Trail within the City ' of Orono (hereinafter"the City") and legally described as follows: ' Lot 5, Block 1, Painters Woods, 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,rivo sinks 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 April 15,2002,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#02-2770. 2. This property is located in the RR-lA Zoning District where 5 acres is the minimum required lot azea. The property consists of approximately 83,024 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 permit for plumbing in an accessory structure to allow for a toilet, two sinks and shower based on the ;�ollowing findings: . � _ Page 1 of 5 ' � . . /�-� . /.�, 0,�. � O O � ��e. - CITY of ORONO � � � . �� '�' RESOLUTION OF THE CITY COUNCIL ��`9k'ESgp�'� . NO. � � g � � detrimental to the residential chazacter 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,two sinks, 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 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 obj ectives 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,two sinks and a shower, subject to the following conditions: . 1. The property owner agrees to the filing of a covenant in the title of the properry � 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 s � � � /�� /� �� o 0 ��b� - CITY of ORONO � � . ti �� t,'�' RESOLUTION OF THE CITY COUNCIL ��SH�4� NO. � � � � . 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 year 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 terminate 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 22nd day of April, 2002. ATTEST: ` ,�1 � (/.�2_ . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �.,..� (/• �'-�`�-,.. �;� Property Owner(s) ' � � Page 3 of 5 � . " , ' �O�? � ' V • O O ��d. - CITY of ORONO � � . �� '�' RESOLUTION OF THE CITY COUNCIL . ��`9k'ESgpg'� NO. � � � � � 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'7. Notarx �ih�-- ` �p �E YOUNG ,, NOTARY F��JanES0T�5 STATE OF MINNESOTA �,Rycor�nt�on v COUNTY OF HENNEPIN , The foregoing instrument was acknowledged before me on this ��/� day of • . . ��--i/ ,200 2— by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instniment was executed on behalf of the City. �'.°. RACHEL DODGE �/J �� •t��:: NOTARYPUBLIC-MINNE^OTA �''/��`�-- �'��'�� My Comm(ssion Expwes Jan.31,2005 o Notary Public � STATE OF MINNESOTA COUNTY OF HENNEPIN On this��day of �ri ( , 20 d2 l�-c�rG� �� e «, !�a-�-�--�P,,,( , personally appeared before me, � who is personally known to me �/ whose identity I proved on the basis of I'Yl N �1�. 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. RpCHEL DOCGr` l�.qe`�'/'�".� ��Gx-lZ-- �t'° Notary Public � ,t< Np7qRY PUBLIC-MINNE�OTA ��}�a,1an.31,2005 • � Page 4 of 5 � , • `- -- � O � � � O O ��d_ - CITY of ORONO � � . ti �� p'�' RESOLUTION OF THE CITY COUNCIL �9kESH��'� NO. � � �� 1� STATE OF MINNESOTA COUNTY OF HENNEPIN On thisZSt� day of tR i L- , 20 0� T� �--�/1 k 1�� e � �'�2 �d2�2r`e°`� personally appeared before me, who is personally known to me ✓' whose identity I proved on the basis of /�/� � L- 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 Pu ic • MARY ANN JOHNSON NOT/1RY PUBLIC-MINNESOTA :� ; Wy�ortrNsylon Explres Jan.31,2005 �• � ' Page 5 of 5