HomeMy WebLinkAboutResolution 4499 O O
b_ CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
�kESH� NO. —4 4. C) -�
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20. SUBDIVISION 3 (Q)
Metro Legal services Inc. FILE NO. 2595
Box 491
WHEREAS, Kevin Tapani and Sharon Tapani, husband and wife,
(hereinafter "the applicants") are the owners of the property located at 781 Ferndale Road
North within the City of Orono (hereinafter "the City") and legally described as follows:
Tract C, Registered Land Survey No. 1031,together with a non-exclusive easement
for private roadway purposes over Tracts H and J, said Registered Land Survey, as
shown in Document No. 1425016, Files of Registrar of Titles, 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, 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 June 19, 2000, 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#2595.
2. This property is located in the LR-lA Zoning District.
3. The property is approximately 2.153 acres in area.
4. The Orono Planning Commission reviewed this application on June 19, 2000 and
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
zssoNO. 4499
recommended approval by a vote of 4 to 0 of a conditional use permit 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
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.
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 plumbing in an accessory structure to include a toilet, sink and a
shower, subject to the following conditions:
1. The property owner agrees to the filing of a covenant 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
use as a dwelling under any circumstances.
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RESOLUTION OF THE CITY COUNCIL
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�L9kE H04�G NO. 4499
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 (July 10,2001).
3. 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 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.
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 10th
day of July, 2000.
ATTEST:
Linda S. Vee, City Clerk Gabri Jabbour, Mayor
roperty Owner s)
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RESOLUTION OF THE CITY COUNCIL
H04NO. 4 4 9 9
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of July,2000
by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
WIARY ANNJ 0 NSON
r. NOT)�RyPUB
Ejcpires Jan.31,20
�M bn Notaryublic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 17 -A — day of J Lk ,2000, before me a Notary Pub is within
and for said County,personally appeared S leo / i e
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
MARY ANN JOHNSON
NOTARY PUBLIC-MINNESOTA Notary Pu c
1*CWvdW n Expires Jan.31,2005
lisp
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this a\ day of —3 �.A\�) ,2000,before me a Notary Public within
and for said County, personally appeared Kr kll� -'I-,-APA-))
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they)executed the same as his (their) free act and deed.
OFFICIAL SEAL Notaryublic
MARGARET J MCCRAY
NOTARY PUBLIC,STATE OF ILLINOIS page 4 of 4
A!!Y CO"V+ISCION'.tPMES:09/23/02
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t�wo� opy
OFFICE OF THE�REGISTRAR
OF TITLES
HENNEPIN COUNTY,MINNESOTA
CEATIRED FILED ON
AUG 07 2000
REGISTRAR F TITLES
BY DEPUTY