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Home My WebLink About#4499-CUP-2000 , , %��O � � �� O O'��, ;� ��e. - � �,'�� C ITY of ORONO , � �;i � � �',� �,�� RESOLUTION OF THE CITY COUNC�L \�9kESH�4L�'/ NO. � %�1 � - ��_�� A RESOLUTION GRANTING ' A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.20. SUBDIVISION 3 (Q) FILE NO. 2�95 WHEREAS, Kevin Tapani and Sharon Tapani, husband and wife, (hereinafter "the applicants") are the owners of the property located at 781 Ferndale Road North within th� City of Orono (hereinafter "the City") and legally described as follows: Tract C, Registered Land Survey No. 1031,together with a non-exclusive easement for private roadway purposes over Tracts H and J, said Registered Land Survey, as shown in Document No. 142�016, Files of Registrar of Titles, 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, sinlc and shower to be installed into an accessory structure. WHEREAS, after due published notice and mailed notice in accordance with ��tinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Plannina Commission held a public hearing on June 19, 2000, at which time all persons desiring to be heard concerning this application�vere given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDI�IGS 1. This application�vas reviewed as Zoning File #2�95. 2. This property is located in the LR-lA Zoning District. 3. The property is approximately 2.153 acres in area. 4. The Orono Planning Commission reviewed this application on June 19, 2000 and Page 1 of 4 i�� ,; O\ �-.� � /o o�� d. - � C ITY of ORONO ,� �, I ti �� ,'�� RESOLUTION OF THE CITY COUNCIL t9 4�� No. 4 �� s� recommended approval by a vote of 4 to 0 of a conditional use permit for plumbing in an accessory structure to allow for a toilet,sink and sho�;�er 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. 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. � 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 we permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIOI�S 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 sho�ver, 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 �vill 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 other��-ise provided for use as a dwelling under any circumstances. Page 2 of 4 �� i� O�\\ �� \ ��, - � I�� CITY of OROND � I � � i �.� G�/% RESOLUTION OF THE CITY COUNCIL t9kESH�/ 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 (July 10, 2001). 3. The City Council finds that grantin� 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�vill be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 4. Violation of or non-compliance �vith 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 a�ree 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 l Oth day of July, 2000. ATTEST: �� - , � ;'%, , � , �-� ',.,�,,!-`, �"_,� Linda S. Vee, City Clerk Gabri Jabbour, Mayor 1 � �� , �' � � '`P"roperty Owner s) Page 3 of 4 -�--� /' O �� /O O � 4b. - - 1� C ITY of ORONO ,a �%I �� ,'�% RESOLUTION OF THE CITY COUNCIL �t�s_K�� NO. � � � �!� STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this l Oth day of July,2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. "� I�AARY ANN JOHNSON �, � /�i�� `;,��` =��:; NpTqRY PUBI�C-MINNES07A r�, ;;,��, ��n�cp;;esJan-31'2005 Not ,;�'ublic � >: - �. _ �' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of J u ��l , 2000, before me a Notary Public within and for said County, personally appeared S h a�o n T a D Q n t 1'1'1 Q R�r' P ��- l:no��n to me to be the person(s) described in and who executed the foregoing instrument, a:.d acl<no�vled�ed that he (they) executed the same as his (their) free act and deed. GL'I� �i ' C_ �� ,� •�" MARY ANtV JQHNSON � ie� 'YL � NOTARY PUBUC•MfNNESOTA Notary Pu C , � ` 1'h'Cortwr�s9ion Expires Jan.31�2005 � r� STATE OF MINNESOTA ) ) ss. COUi�ITY OF HENNEPIN ) On this o�\ day of � �,��\) , 2000, before me a Notary Public within and for said County, personally appeared �rJ�� j,��) 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. ,.,,•. ,,.� . . :.. _ .;s,�: .,::;r��:^_.v� �lG !\��CJ V t/`��` �' � �'�` '�"' � � ��-1L ' ��r' -'�°"' Notary ublic � �'�r�.��;��i J �'�7CCRAY {� tio7��r �ue�iC, STATE OF ILLINOIS page 4 of 4 ! p!ly�OV,^`._,. .... _. �ic,cc:09/23/02 .,.»