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Home My WebLink About#4627-CUP-2001 � . /j�O� � ' v\ - O O�` � �'�' CITY of OROND .� _ ,I, `` I � ��; �� G'�'%� RESOLUTION OF THE CITY COUNCIL \'��kESH�/ N0. � � �? `� _ A RESOLUTION GRA1V'TING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 10 FILE 1�`O. 2666 WHEREAS,Gregory J.Vitas and Jewel A.Vitas,husband and w-ife,(hereinafter"the applicants")are the o�vners of the property located at 2800 Countryside Drive W. within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1, Block 2, Old Crystal Bay Road Addition, Hennepin County, Minnesota. (hereinafter "the property"); and WHEREAS,the applicants have made application to the City of Orono to permit an "Accessory Structure on a Through Lot-Conditional Use Permit" allowing an accessory building to be constructed on the subject property which is a through lot. WHEREAS, after due published notice and mailed notice in accordance with i�linnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 19,2001,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 l. This application was revie�ved as Zoning File #2666. 2. The property is located in the RR-1 B Zoning District, �vhere 2 acres is the minimum required lot area. The property consists of approximately 107,119 s.f. or 2.459 acres. 3. The Orono Planning Commission reviewed this application on March 19, 2001 and recommended approval by a vote of 5 to 0. Page 1 of 5 /� '��\ � � � /0 � �� , ��,. - , � ,; C ITY of URONO a � , �� G�� RESOLUTION OF THE CITY COUNCIL �L`9 4�'/ N0. ' � �3 � `�� kESH�/ , _— 4. The Planning Commission made the following findings of fact: A. The accessory building meets required setbacks from both Countryside Drive W., Watertown Road and the side lot line. B. The proposed conditional use would not be detrimental to public health, safety or welfare. C. The accessory building does not exceed the height of the principal building. D. The subject property is a"through" lot located in a"R" District therefore a conditional use permit is required for an accessory building. 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 an accessory structure on the subject property�vhich is a through lot. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the property not ��-ith 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 26, 2002). 3. The City Council finds that granting a conditional use permit to allo�v an accessory structure on a through lot will not be detrimental to the health, safety or general Page 2 of 5 ��;=0� � �� OO �, �s - , � ,; CITY of ORONO � ,, �,,, �� G�'/' RESOLUTION OF THE CITY COUNCIL �\kESH04'�// NO. � � � °� ''�, �� 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 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 Cit�- or Orono, Minnesota at a re�ular meeting held on the 26th day of March, 2001. ATTEST: - , �� -�-- � rt.. ,� � � � ,�'�<<-�,�c� � �� '"' �/_/�/ wf f% � �-!�-y Lc�. �"y, �� ,.E_.4�____ �' ',f�.`�L.f� -r_ Lin . Vee, City Clerk Barbara A. Pe erson, May r �� \ �� i i;�-� . �,cfc�, •z<-� �J Property O� er(s , .� ��- � /,� � STATE OF NIINNESOTA ) � � ) ss. COUNTY OF HENNEPIN ) The foregoin�instrument was acknowledged before me on this 26th day of March, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was eYecuted on behalf of the City. _.., �_i�' � ,� > ' RACHEL DODGE �'t_��`` '�-�—` �..JG�" � '' '��j� �r��C-�^o�� Notary Public ` .�„; M�r Cqmilon p�i�J�n.31,2005 � Page 3 of 5 �'�=o \ � �\ 0 0��;, �b - ,�, C ITY of ORONO � �%,' �� ,'�'� RESOLUTION OF THE CITY COUNCIL w ��' ``�kEB� N 0. � � � �' � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � �f� day of �i��f��{i�� , 2001, before me a Notary Public within and for said County, personally appeared ��,i�_ �7T� -`T• I,�i ta S ,_n-a'� �cr�Pc� known to me to be the person(s)described in and�vho executed the foregoing instrument,and ackno��ledged that he (they) executed the same as his (their) free act and deed. RACHEL DODGE L��c��-�G' ,�o c-C C',� �pT/�(p11811C-MINNE^OTA �a :rar:• �,y�,�„�,ian.s�,2oo5 '4 Notary Public `,, STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) h On this �� day of ��,�Jtf'i'1'1�>�'/� ,2001, before ine a Notary Publi �vithin and for said County, personally appeared��,�`-C' I ,Q . V i 1 Cc t r f)'�_i i j r � known to me to be the person(s) described in and who executed the foregoing instrument, and acl:no�vledged that he (they) executed the same as his (their) free act and deed. �C�_�� !f�� - - Notary Public ° RACHEL DODf�E '' ,, �,-`;;- NOTARY Pl18LIC-IAlNNE:�TA � T ....,�: .;: -:�.3�T A,1�,CArrur�On Expir,ee,lan.31,2005 �,--.. ,-6,� w Page 4 of 5 � Exhibit A - • . � . ;��,. ; ^; r� �= �r : -r ,� �=z �; �� c ;-, ; � •..% _. :J 'l �1'i s �.: j i J: .._ i.: i � , i '•J I . •✓ NOR7H 338.33 I '. i - �� - I rJ0 4�; I — —_ ` _ —=9—W1DE EINUWIOUS PA7H — — -- '1� — — — � - '� �_ � � �� jJ � ' j I � I�Q � •'�\ � � � J m I i ;� ; � ,ol . ; � � � � 4� � i -, � o � , �� I ---- � � ,�,�'`'L � %� __! � w I y r C � I . 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