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Home My WebLink About#02-2756 Resolution 4776CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7? 6 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2756 WHEREAS, David F. Dalvey and Jodi A. Dalvey, husband and wife, (hereinafter "the applicants") are the owners of the property located at 1520 Bohns Point Road withih the City of Orono (hereinafter "the City") and legally described as follows: That part of Government Lot 1, Section 9-117-23 described as follows: Commencing at a point on the West line of said Section 9, 400 feet north from the Southwest comer of said Section; thence north along said West line of said Section 100 feet; thence East parallel with the South line of said Section to the shore of Lake Minnetonka; thence southerly along said shoreline 105.62 feet; thence west on a line parallel with the South line of said Section 9 to the point of beginning, 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 March 18, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO'\iV, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS I. This application was reviewed as Zoning File #02-2756. 2. This property is located in the LR-1B Zoning District ·where 43,560 s.f. or 1 acre is the minimum required lot area. The property consists of approximately 36,753 s.f. or .84 acres. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 7 7 6 3. The Orono Planning Commission reviewed this application on March 18, 2002 and recommended approval by a vote of 7 to O 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. ·n. 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. Page 2 of 5 CITY of ORONO ._:\ . l>ot r.l ~~g{/i/1,:,"". £.., ~ ~~ RESOLUTION OF THE CITY COUNCIL <~ ~ 4 7 7 ~--~~ NO.----~- 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 (March 25, 2003). 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 25th day of March, 2002. ATTEST: & ,,J.t-, 1 (/4L finda S. Vee City Clerk Barbara A. Peterson, Mayor p Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4716 The foregoing instrument was acknowledged before me on this 25th day of February, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munici al co or f · d instrument was executed on behalf of the City. JACKIE YOUNG .. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public NOTARY PUBLIC· MINNESOTA My Commission Expires Jan. 31, 2005 The foregoing instrument was acknowledged before me on this / Sf day of Aor i I -, 200_2 __ by Linda S. Vee, City Clerk of the City of Orono, a Minnesota mt;nicipal corporation and said instrument was executed on behalf of the City. F"·"'"~·"'c=;..o-~ .. · :· -._ ·,. f¼CHEL DODGE ( ,/. _. >) NOT/,RY PUBLIC· MIMNE~OTA c/' '· :) My Commission Expires Jan. 31, 2005 ~ .......... STATE OF MINNESOTA COUNTY OF HENNEPIN z; Notary Public fk /J "' On this l!J day of_,_H,,_,_f?-'--~---'/t. ___ , 20 ()~, UAtJIO F 0/tL--VEL/ personally appeared before me, __ who is personally known to me -~✓-whose identity I proved on the basis of .0{ JJ D '- --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 4 of 5 e DENISE M. LESKIN: NOTARY PUBLIC -laffiES, f.41 Col111illllon Elqi'II Jan. ?. ,, ~ . ;,.., ~ . t1/ ~< ft~~ ~~~ STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL 4776 NO. ______ _ On this _j_!:./_ day of &/4(/ , 2002 , :J cx;{r At'1 t1 T)c,__/1/V-f personally appeared before me, __ who is personally known to me _x:: whose identity I proved on the basis of MN 'D L. __ whose identity I proved on the oath/affirmation _______ , a credible wi'tness 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 5 DENISE M. LESKINEN NOTARY PU91.1C. MINNESOTA My CommlsSlon ExplreS Jan. 31, 2005