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Home My WebLink About#4790-CUP-2002 , . �,�_ _==\ _- /.�, O,�. �O 0��, � 1�� CITY of ORONO � - b" I � �i� �� p~'/i RESOLUTION OF T E CITY COUNCIL ��kESHO�� NO. � � � � �_� ---� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2770 WHEREAS, David and Kathryn Biek, h�sband and wife� ereinafter "the applicants")are the owners of the property located at 4675 Creekwood Trail ithin the City of Orono (hereinafter "the City") and legally described as follows: -� Lot 5, Block l, Painters Woods, 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,two sinks 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 April 15,2002,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NO`V, THEREFORE, BE IT RESOLVED by the City Council. of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #02-2770. 2. This property is located in the RR-lA Zoning District where 5 acres is the minimum required lot area. The property consists of approximately 83,024 s.f. or 1.9 acres. 3. The Orono Planning Commission reviewed this application on April 15, 2002 and recommended approval by a vote of 7 to 0 of a�onditional use permit for plumbing in an accessory structure to allow for a toilet, two sinks and shower based on the �ollowing findings: . Page 1 of 5 • /i'-_1\ . /� O�\ O O \ ' CITY of ORONO � ,b ��I � �� ,~'� RESOLUTION OF THE CITY COUNCIL ��gg0j// NO. _ � � � � ,_� 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. 4. �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. 5. The City Council finds that granting a conditional use permit to allow plumbing in an accessory structure, to include one toilet, two sinks, and one shower, will not be detrimental to the health,safety or general w�elfare 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. 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,two sinks and a shower, subject to the following conditions: 1. The property o�vner 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 �vill 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 Page 2 of 5 �� =`\ � �� 0 0�;, �b - �� C ITY of URONO � �;,� �� %/ RESOLUTION OF TH�E �T�Y�OUNCIL �kESH� NO. use as a dwelling under any circumstances. 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 (April 22, 2003). 3. ,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. 4. 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 22nd day of April, 2002. ATTEST: , l� �� , �,�� .' G%:�:, r� , �'�� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor a-.�.�� `�_ ��..-ri.�,�.� �,� Property Owner(s) Page 3 of 5 , / '_ _`\ . % ��\ O 0��;�. CITY of ORONO Ia nn �� \��t ��,~' %� RESOLUTION OF THE CITY COUNCIL ��4 4 � , ��kESHO/ NO. _ � d� � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ;� r � �� r / Not�ry Public '` � �� /', JACKIE YOUNG STATE OF MINNESOTA ; / _ NOTARYPUBLIC-MiNN�sora . COUNTY OF HENNEPIN V >� ; :;,,;.� My Commission Ex�i:es Jz� ....Z"�5 1 , r The foregoing instrument was acknowledged before me on this _��-f� day of �-�r,i� / , 200 �. 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. �_ ,�,�.:,-_. -.�.-Y.�-�,.__�..C� ... 1. �_•� RF.��.L �',�'J= � ' NOTARY PI;ELIC-P�f1P<::�"OTA �� /�-�G'�� L. C�- L �ti�-. �`, �� t,Ay Commission Expires Jan.31,2005 -" Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN � On this��} day of f��E�Y i � � 20 � z_ I�C�h �' � C� ��C� �—, �1,�C<<�"r'i��c� personally appeared before me, who is personally kno�vn to me �_ whose identity I proved on the basis of ��ti� U L whose identity I proved on the oath/affirmation , a credible witness and who eYecuted the faregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. � %�c�_; �.��' ��c.��, _;;�.``,' RACHEL DODGE Notary Public NOTARY FUBUC•MINNE.^OTA a ' . Arty Conmission Expires Jan.31,2005 -�=-�--=�=--�- - Page 4 of 5 • � /.� O `\\ // I �\\� O O 1 �b - , � ,� CITY of ORONO � , ti,, '�'/,% RESOLUTION OF THE CITY COUNCIL � ��l ��% �\kESH�j/ NO. 4 � � O STATE OF MINNESOTA COUNTY OF HENNEPIN On thisZ.5�day of�i 1— , 20 oz, - _ ��`�fi � �!!� :� � e.�, j'�'1 Q 2�c E��-- personally appeared before me, who is personally known to me ✓ whose identity I proved on the basis of �/� .� L-- 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 blic MARY ANN JOHNSON �_•�: .: NOTARY PUBLIC-IWNNESOTA :-a,;: �h�►F.�wes 1an.31,2005 Page 5 of 5 . , CITY OF ORONO COVENANT FOR LIMITED WASTEWATER PLUMBING IN AN ACCESSORY BUILDING THIS COVENANT, made and entered into this 22nd day of April , 2002, by David and Kathryn Biek (husband and wife), (hereinafter referred to as "Applicants") and the City of Orono, a Minnesota municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Applicants have made application to the City far the installation of limited wastewater plumbing in an accessory building on property in Hennepin County, State of Minnesota, legally described as: Lot 5, Block l, Painters Woods Hennepin County, Minnesota (hereinafter referred to as "Subject Property"); and WHEREAS, 'limited wastewater plumbing' for purposes of this Covenant shall include all interior wastewater piping and fixtures; and WHEREAS, City staff have reviewed Applicants' application and have found that the building proposed for the installation of limited wastewater plumbing has met the standards established within Section 10.03, Subdivision 9(F) of the Orono Municipal Code to allow installation of limited wastewater plumbing; and WHEREAS, Applicants are aware that according to Section 10.03, Subdivision 9(F), specific conditions exist under which limited wastewater plumbing may be allowed within an accessory building; and WHEREAS, Section 10.03, Subdivision 9(F) allows • `'-- installation of limited wastewater plumbing in an accessory build � execution of this Covenant and its filing in Applicant's chain of tit � �. '�'� ��;�� . WHEREAS, in order to identify all parties within o n�"��- property, the Applicants are required to provide title information to � ; parties with an interest in this property shall sign this covenant. NOW, THEREFORE, THE PARTIES TO THIS COVENANT AGREE TO THE FOLLOWING: 1. Applicants' request for installation of limited wastewater plumbing within the accessory building to include one toilet, two sinks and one shower on the Subject Property if approved conditioned upon the execution of this Covenant by the City and the Page 1 of 5 . 1 Applicants. 2. The following conditions shall control the installation and use of the limited wastewater plumbing: A) The accessory building shall 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 from the City. C) The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. 3. This Covenant shall be binding upon current and future owners of Subject Property, and shall be filed within the chain of title of the Subject Property. 4. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of this Covenant and to its terms, as shown by their signatures upon this document. CITY OF ORONO: _ By. 1 f yGc.4�.-(j�.��7-. '_-��"" �, Its Mayor �% � BY: ,�;� �!�ti.., � G��-�, Its City Clerk ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 22nd day of April, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and saict instrument �vas executed on behalf of the City. � �� ;.� G �/ �otary Pu - JACKIE YOUNG �3 STATE OF MINNESOTA : NOTARYPUBLIC-MINNESOTA ; j .��ti ti"y Commission Expires Jzn.31,2005 � �✓ � . . -�--.-,.-�--.z-.-�-,—._>,, „ • . ..�i',_:��,;:.�.�.-.�.�..:<...;._�^<,�� Page 2 of 5 r COUNTY OF HENNEPIN � -�,��_ The foregoing instrument was acknowledged before me on this � -��• day of April, 2002 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. L��_��`—�--F" /�,�%�� Notary Public (�ACHEL DODGr ' J" Y PU�LIv-�+i f ll i�OTA ��'�' N�AR �'�5 APPLICANT(S): ��`�-' i�sion Expires J3 i - �,•.�� DAy Comm� ,-,,,.�, s - ��.~.�=-' � +`�.=,.-,,.-,-�,::::'==='-�" _ . By: � �{� a c By; , �� l `-__--= ACKNOWLEDGEMENT (APPLICANTS) STATE OF MINNESOTA COUNTY OF HENNEPIN a� On this .1`� day of r i� >,� � i , 20�-_� , i��cA: ; ��! J; � F �� , r b�� r� �_; <- r personally appeared before me, who is personally known to me �_ whose identity I proved on the basis of r '� � �`-�� r�'` whose identity I proved on the oath/a�rmation of , 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. .,., �� (' �G�-�L�s�. C_ C<_� (_ � hor,-..;. .,,.��,.,-;.:,:..,._ .j,� Notary Public ��,' My Commission F�cpires Jan.31,2005 STATE OF MINNESOTA COUNTY OF HENNEPIN On this75t�'`day of 6Zi/ , 20�Z, ��-� h ��IIJ �� r��2�ec�- personally appeared before me, who is personally known to me �/ whose identity I proved on the basis of /l� /� � L- Page 3 of 5 . � . . whose identity I proved on the oath/affirmation of , 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 Publ i� 'f MARY ANN JOHNSON °;y--��< �-� NOTARY PUBUC•MINNE50TA �" �, �N�«►un�ssionExvues�an.3t,2oos FEE OWNER(S): � By: ��. c� , ., By: ��-x-�.,� I�: _.�__.� , , ACKNOWLEDGEMENT (FEE OWNERS) STATE OF MINNESOTA COUNTY OF HENNEPIN On this�-�`-.'-,'�day of �-,�' �,, , � , 20,�'_, i�)ct� � rr f;: � E .� , �;�. �� E�-i. personally appeared before me, who is personally known to me Y whose identity I proved on the basis of � � l �` C%�--- whose identity I proved on the oath/affirmation of , 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. ��., � l. /�c� /�.�_ ',' l��ol�' �_� F RACHEL DODGE � � � ` 'j NOTARY PU9LIC•MINNE."OTA Notary Public �" My Comm�ssion Expires Jan.31,2005 �� STATE OF MINNESOTA COUNTY OF HENNEPIN On this ��"�ay of �}P Q; � , 20 oZ, 1�a. �"� ��/� � r �e. J� r� Q R�4 i P� — , personally appeared before me, Page 4 of 5 . � . � who is personally known to me ,� whose identity I proved on the basis of /�� `-- whose identity I proved on the oath/affirmation of , 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. � �� ,�-� Mp,RY ANN JOHNSON Notary Pu c .,'�;,��: Np�qRY WBUC-MINNESOTA `,;�,' ��y�iOn Expires Jan.31,2005 :;�� Page 5 of 5