HomeMy WebLinkAboutResolution 4172 s �
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'� RESOLUTION OF THE CITY COUNCIL
�i`9.I�E Hp4L�G � NO. --� � `�'=�-- .
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZOI�TING CODE
SECTION 10.20, SUBDIVISION 3 (Q)
, FILE NO. 2389
WHEREAS, Daniel J. Kluth (hereinafter the,"applicant") is the owner of the
property located at 2801 Fox Street within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 1, Block 3, Farview, Hennepin County, Minnesota (hereinafter "property");
and
� WHEREAS, the applicant has 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: . ,
FINDINGS
1. This application was reviewed as Zoning File #2389.
2. The property is located in the LR-lA Zoning District.
3. The properly is approximately 2.71 acres in area.
4. The Orono Planning Commission reviewed this application on September 21,
1998, and recommended approval 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 not be
detrimental to the residential character of the neighborhood.
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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 applicant 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
• and a sink, subject to following conditions:
1. The properry 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 obtairied. �
c. The accessory building will not be rented, leased or otherwise provided
for use as a dwelling under any circumstances
2. Authorities granted by this resolution run with the property not with the owner
� but are permissive only. and must be exercised by application for a building
pernut within one year of the date of Council approval or the special conditions
of this resolution will expire on that date (October 12, 1999).
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3. The City Council finds that granting a conditional use pernut 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.
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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
• hereby agrees to the recording of this resolution in the Chain of Title of the
property.
Adopted by the Orono City Council on this 12th day of October, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabrie abbour, Mayor
` � . .
perty Owner(s) •
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
October, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the.City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
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CAROLE A.HASEMAN
�,` '. NOTARY PUBUC-MINNESOTA
' HENtdEPIN COUNTY
�� ,'4`�.•'� mmission Expires Jan.31,2000
My Co
`� Notary Public '
• STATE OF MINNESOTA ) . �
) ss. �
COUNTY OF HENNEPIN )
On this ��� day of ���h�,- , 199�' before me a Notary Public within
and for said county, personally appeared Q,h;�l�/(/„�-l� � �f�', � �Clu�7� hus�o�� u�►-F,�
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.
� , � �:w CAROLE A.HASEMAN �
� NOTARY PUBUGMINNESOTA ''
y �°�-�?',��s;•% HENNEPIN COUNTY NOt Public
r� �-"` My Cnmmission Expires Jan.31,2Q00 � .
-'�^r
�:.,a^_�yc�;`a.-'�i'�'c.C'':=:���,+�-a�-r�,�-�N.�p,.ti�`�'' .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said county, personally appeared
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.
� Notary Public �
�
�
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