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Home My WebLink About#4818-CUP-2002 � �/ O�\? � ' V /O O �e - � CITY of ORONO � ti/i � �,~'�' RESOLUTION OF THE CITY COUNCIL �kEsx�� rvo. 4 � � � � � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2777 WHEREAS, Thomas Meehan and Aija Meehan, husband and wife, (hereinafter "the applicants") are the owners of the property located at 2825 Little Orchard Way within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block l, Little Orchard, 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 and two sinks to be installed into an accessory structure. WHEREAS, after due published notice and mailed notice in accordance �vith Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on May 20,2002, at w�hich 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 1. This application was reviewed as Zoning File #02-2777. 2. This property is located in the LR-lA Zoning District where 2 acre is the minimum required lot area. The property consists of approximately 135,978 s.f.or 3.122 acres. 3. The Orono Planning Commission reviewed this application on May 20, 2002 and recommended approval by a vote of 7 to 0 of a conditional use permit for plumbing in an accessory structure to allow for a toilet and two sinks based on the following findings: Page 1 of 4 . a �� O� O O 4 CITY of ORONO a � �'� G~' RESOLUTION OF THE CITY COUNCIL ��`4k'Egg� NO. +� � 1 � �_ A. The proposed use of the accessory structure with plumbing will not be detrimental to the residential chazacter of the neighborhood. B. The plumbing fixtures proposed are in keeping with the intended use of the ' accessory"structure. C. The properiy 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 and two sinks 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. 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 two sinks, 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 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 obtained. C. The accessory building will not be rented, leased or otherwise provided for use as a dwelling under any circumstances. Page 2 of 4 � �� /7 O� O O � �,� _ � CITY of ORONO ti �� G~' RESOLUTION OF THE CITY COUNCIL �SHo4 No. 4 � 1 � 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 yeaz of the date of Council approval or the special conditions of this resolution will expire on that date(May 28, 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 28th day of May, 2002. ATTEST: � ,/ _ . -- , U�� Lm . Vee, City Clerk Bazbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of May, 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. �� 52�u� � �� ' LINDA S.VEE �� OTP.QY PUoUC•MINNESOTA Notary Public Nly Carrission Expires Jan.31,2005 Page 3 of 4 i ��` '� O� O O s C ITY of ORONO � � �� G~' RESOLUTION OF THE CITY COUNCIL ��`9k'Egg04'� NO. _ �.-�-1 �— �� STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � day of ' ,200 2� by Linda S. Vee, City Clerk of the City of Orono, a Minnesota munl ipal corporation and said instrument was executed on behalf of the City. - .�u::•. RACHEL DODGE � o � °�'�"��'� NOTARYPUBUC-MINNE^OTA ��°�'"' — ��' J •,� , � FIy Commission Expires Jan.31,20Q5 -- Notary Public ,�-..:._...�.._._ - STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of �k h e- ,20 dz, �o rn�s/�J�e%a q w- ,¢; ;�;►�e e hQ�� Q�,�j�, personally appeared before me, who is personally known to me �G whose identity I proved on the basis of �"1/� �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/h %�.`-:,.. MARY AtiN JOHNSON �' _ NOTARY PUBUC•MINNESOTA C%'�%� l/ ��F�cpises Jan.31,2005 .,;,`.� Notary Publ' STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 20_, personally appeared before me, who is personally known to me whose identity I proved on the basis of 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 Public Page 4 of 4