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Home My WebLink About#5457-CUP-2006 � � O ` V O �� O ��.- CITY of ORONO � � �� ,b �i y � �'� G'�' RESOLUTION OF THE CITY COUNCIL �`�kEsKog'� rvo. 5 4 5 7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR PLUMBING IN AN ACCESSORY STRUCTURE PER MUNICIPAL ZONING CODE SECTION 78-393, SUBDIVISION (14) FILE NO. 06-3177 WHEREAS, William H McCrackin and Ann M. McCrackin, husband and wife, (hereinafter "the applicants") are the owners of the property located at 4355 Chippewa Lane within the City of Orono (hereinafter "City") and legally described as: That part of the South Half of the Northwest Quarter of the Southeast Quarter, Section 31, Township 118 North, Range 23 West of the St�' Principal Meridian which lies west of the East Quarter thereof and east of the West 421.70 feet thereof and north of the railroad right-of way, Except the East 10.00 feet there of; Also Except the North 368.00 feet of the West 314.50 feet of the East 324.50 feet thereof, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 78-393, Subdivision (14) to allow installation ef plumbing including a toilet and bathroom sink in an accessory structure; and WHEREAS, after due published notice and inailed 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 17, 2006, at which times 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 ap�licaticn was reviewed as Zoning Fi:e #06-3177. 2. The property is located in the RR-lA Zonin� District, where 5 acres is the minimum lot area. The property is approximately 5.1 acres in area. 3. The Plannin� Commission reviewed this application on April 17, 2006 and on PaQe 1 of 6 i � � O 1 O � O ��:�- ,.� CITY of ORONO � �� y�' �� '�' RESOLUTION OF THE CITY COUNCIL ��`4kESH��`�� NO. 5 � 5 7 a vote of 6-0 recommended approval of a CUP for plumbing in the accessory structure,based on the following findings: a. The proposed use of the accessory structure with plumbing will not be detriinental 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 size and accessory building location are sufficient to allow the conditional use permit to be granted. The accessory building is in a conforming location. d. The CUP should be subject to the standard "Plumbing in Accessory Structure" conditions. 4. The City Council finds that granting a conditional use permit to allow plumbing in the accessory structure will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity 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. 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. CONCLtiSIONS, ORDER AND CONDITIONS Based upon one or more of the findin�s noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 78-393, Subdivision (14) to allow plumbing including a toilet and bathroom sink to be installed in the accessory structure, per the site plan and building floor plans attached to this Resolution as E�chibit A and as annotated by City staff, subject to the follo��ing conditions: 1. The applicants by executinQ this resolution agree and covenant that the property will be bound by the following conditions: Pabe 2 of 6 � O� O � �'��r_ - CITY of ORONO � �� _, � �b ;, . ti �'� ��' `�� G~' RESOLUTION OF THE CITY COUNCIL L`�kESH�4� N0. 5 � 5 ( A) The accessory building�vill not be used for a hoiile occupation unless specifically approved by City or if allowed by City code; B) The accessory buildin� will not be used as a dwellin�unless a guest house CUP is obtained; and C) The accessory buildin� will not be rented, leased or otlzerwise provided for use as a dwelling under any circumstances. 3. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be e�ercised by obtainina a plumbing permit for same within one year of the date of Council ap�roval, or this approval will eapire on that date (Apri124, 2007). 4. Violation of or non-compliance with any of the ternls 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby aaree to the recording of this resolution in the chain of title of the property. Adopted by the Oroilo City Council on this 24th day of April, 2006. ATTEST: ,� ;, _ � �%�; •: ;=` _ .., �� !r'/�/�/ /� .�1� ��'r � ..� �( . r . :'"/"� A.;i��✓.,.4: }� <i :'-�.% J .,�" �-f v.c.p'{.ita. . .__. _..C,�s:�.-r ?�a inc�a S. Vee, City Clerk Barbara A. Peterson, Mayor 1 ,; � � . , ��, t�� f��- - �� " �;� � ; � .� .:� �. �-- Ann M. McCrackin �Tilliaxx�Yl�`.'1VIcCrackin Pa�e 3 of 6 � o� o , o ��F.-,, :, CITY of ORONO � � � �1,,.: � RESOLUTION OF THE CITY COUNCIL �t`�kESH�4�� NO. 5 � 5 � STATE OF MINNESOTA COUTITY OF HENNEPIN The foregoing instrument was acl:nowledged before me on this �`-�day of ��f 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Miiuzesota municipal coiporation and said instrument was executed on behalf of the City. <��_:�:-:.-."� ,.�..,. �.,� �- � ; c ��`�;�� ;�;l�7i B.Af�DERSON �'�;i.�:��, 1-� �„��c,��.--. �� r '�� `M -� �--�� vOTARY PUBUC-MINNESOTA Notary Public 5 � "_� ' 'r�y Commission Expires Jan.31,2007 �'��.>..�/.."��:_..,:y-_�Yy.. ;._.. ..-.cw..r..+'�c�.G. STATE OF MINNESOTA COUNTY OF HENNEPIN j.., , The foregoin� instruinent was acknowledged before me on this'��`=day of ,-� ' ,:��: ! , 2006 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. ��--�...a�-.. $ , -..... , _.__- ` i I t �i i �;`r'``� R„4CHEL DGDGE S� r .' �� Notar Public , � �� t� �vOTARY PUBLIC-MINNESOTA �� Y � �� , ;.,.�„ ^.1yCor��m�ss;onExpiresJan.31,2010 }.� '��t,:-->-:....-y �.��,r— �r:�-�-�<': .....,�«;.:.....e�.^'�:: r.�"'�;^ -�.c Pa�e 4 or 6 � o� 0 0 ' �� -�,� CITY of URONO � . � � -��-� : � RESOLUTION OF THE CITY COUNCIL �L`�kEsKog'�� No. 5 4 � � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acl:nowled;ed before me this� day of ��-Q.� , 2006 by Arul M. McCrackin, wife of William H. McCrackin. }�. BARBARA G. SILUS � - _ NOTARY PUBLIC-MINNESOTA ^ , ,�� :�,,;.:'� My Commission Expires Jan.31,2008 (�hC� _ Notary Public STATE OF MIIv'NESOTA COUNTY OF HEI�rNEPIN This instrument was acl:nowled�ed before ine this - � ' day of .`��. 1;':. . ; , 2006 by William H. McCrackin, husband of Ann M. McCrackin. � ---� � �' �-��- _ ; , . � � , , . -`'��. UENISE M. LESKINEN ; _. ', �`� ' • °— .__�_._.._-. ;r,, NOTARY PUBLIC-MINNESOTA Nota�y Public ,:;:�� My Commission Expires Jan.31,2010 ��c=o:�,.�..,.:+�;>:a- Pa�e � of 6 � , 5 � 5 � Exhibit A File No. 06-3177 ,.,..� . .��,.,o_.w �;..�'.,,...p.�„o _ �ra'saaru�r a oxaexoeo f ,.^e�'�.;��"7�':��'� -------�-------"-------- � . f `�� , . � , � � . ; � I I I � I I � z� � �m< �(� o . � �w� --_T---,^-wsrc--9_cstaia 5•�-. � _� .. (''�� ___�_�, >�'ci�l -- . ;r. -7— ��W I � ' t. I `�L� �U��i � p� :Qs � � V o�z I a I ,�? � .�s � �,��' � ^ � '3 I � � � ` h,r` �.. -+-- oaNz ' ' � I �3� I � � 4 � � .. � � � � S � � 1 ' : � e J � � 1 � �" L' � � i t � f) � � 5: SUG9C 3.61A10 5� -..:?� � ! � I � �5� .... •.w _— --T.nrv�mr-____ �` � a I I a `�t 5 � ,—, a_ a � �} ' ; �� `��S � � � $ I� S`B ' � �; � i W =-- r� I I Z a�'- s � ,-. ?; - � I. � _~"--� --- •.m.ao.�o h --- —.Y,-J j W :�s L1°° ! 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