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Home My WebLink About#4789-CUP-2002 ", �, �—�\ /�, 0,�,. 0 0 �b � , � ;j CITY o� ORONO � � �� G�'� RESOLUTION OF THE CITY COUNCIL \\kESH�/ NO. 4 7 $ � A RESOLUTION GRANTING A COivDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03. SUBDIVISION 9 (F) FILE NO. 02-2774 WHEREAS,Mark Cree and Nancy Cree,husband and wife,(hereinafter"the applicants")aze the owners of the property located at 3120 North Shore Drive within the City of Orono (liereinafter "the City") and legally described as follows: See Exhibit A (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, sink and shower to be installed into an accessory structure. `VHEREAS, 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 conceming 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 #02-2774. 2. This property is located in the LR-1B Zoning District where 1 acre is the minimum required lot area. The property consists of approximately 83,029 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 conditional use permit for plumbing in an accessory structure to allow for a toilet,sink and shower based on the following findings: . A. The proposed use of the accessory structure �vith plumbing will not be Page 1 of 5 �, � �� . � O ' Y O O ��. - CITY of URONO ti �� G�/ RESOWTION OF THE CITY COUNCIL �kES_Ii� N O. _ it ry o � 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 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 pernut 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 welfaze 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, sink and a shower, 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 pernTit is obtained. C. The accessory building will not be rented,leased or othenvise provided for Page 2 of 5 /'-` . � O� O O ��. CITY of ORONO ti �� G�/ RESOLUTION OF THE I�y O NCIL � .` � � ��`9�fEgg� NO. � use as a dwelling under any circumstances. 2. Authorities granted by this resolution run with the property not with the applicants, but aze 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(Apri122, 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 terniinate 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: � � � �� . , --.__ Linda S. Vee, City Clerk Barbara A. Peterson, Mayor � " , i erty Owner(s) STATE OF MINNESOTA COUNTY OF HEN�TEPIN 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 Minne municipal corporation and said instrument was executed on behalf of the�ity. ;i�� % ;'1 Notary Public �` i� Page 3 of�� JACKIE YOUNG , NaTARY PUBUC•MINNES07A "+�' M'1�o►nmission Expires Jan.31,Z005 -�":.3:.�.:-='�_. .��_ . i�� O� . O O �. CITY of ORONO a � � �� G~' RESOLUTION OF THE CITY COUNCII ��9�sK� rvo. 4 7 8 9 STATE OF NUNNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this -�� day of �}�l� ( ,200 a 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. '�' F�'G!-;�L DODGE � `,�.�' �vc�'� riOTir;�'t=JG�IC-R•liN3dw."9TA �-/�''� �_, '' TAy Ccmmi�sicn Expire,�Ja�.31,20�5 Notary Public ;�-,�-�-�-,,�"'�• STATE OF MINNESOTA COUNTY OF HENNEPIN On this�day of 1; P2i� ,20 c1� , ��C�r k U• C re� personally appeared before me, who is personally known to me . � whose identity I proved on the basis of � t� �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. Not Publ' � DENISE M.LESKINEN STATE OF MINNESOTA �rNtrvueuc-�► COLJNTY OF HENNEPIN t�rcammwan�.sm3t,2oo5 On this 2� day of �(� R�/ ,2002 , N�-N C� e /•'�� personally appeared before me, who is personally known to me � whose identity I proved on the basis of L�'�e �-� M e ��+► ps s -�: -�• e��d. 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. �� N�APY av�N JOHNSON Notary Publf� �.' : � M'�o�+on�� Page 4 of 5 Exhibit A • ��_� . . / � . � � . . . • . O O . . �.� � � CI�Y of� ORONO ti �� G�/ � .RESOLUTION OF THE CITY COUNCIL ��SH� No. d 7 R� IEGAL DESCRIP710N � � � ' . ' . Parcel 1: '�ot 2. 81ock 4 cnd L'ot.3, Block 2, CRYSTAL BAY PARK includ:ng vccated lrew Avenue adjoi�ing saic( Lots. according to the map or,plot thereof on file ond of �ecord in. the Office of the RegisEer of Deeds in and for said county. • • Hennepin County, Minnesotc � • (Abstroct) . Parcel 2: That port of �ot 2, Block 2, cnd Lot 1, Block 4 cnd of•View Avenue cnd binxwell Street � (both now vacated) bli. in CRYSTAL BAY PARK, described as foilows: Beqinning at the Northwest or most Westerly corner of said Lot 2 in Block 2, thence Southecsterly clong Southwestierly Iine of � said Lot 2 to the Southwesterly or most southerly corner of seid Lot 2; thence Southzesterty in o straight line ocross said View Avenue, vacated, to the Northwesterly or most Westerly corner of ' said Lot 1 in Block 4 in said Crystat Bay Perk; thence southwesterly elong the Southwesterty line- � of said lot 1 to the Southwest oc.m.ost Southerfy corner of. said Lot t;••seid point being in the Northwesterty line of County Rood Number 51, formerly known as Lafaye'fte Avenue; thence IVorthwegterly elong the Northwesterly line of County Rood Nurnber 51� to its intersection with a line drown porollel with cnd distant 50 feet Northeosterly from meosured at right• ongles to, the � Northeosterly lines of Lot 2, Block 4 and !ot 3, Block 2 in soid'Crystal Bay Perk; thence �Northweater�y.on-o line Sb feet •(Yorthecsterly from. meosured ct right 6ngles tc, cnd parcllet with � the.Noctheasterly Iines of seid Lot �2, Block 4, and Lot 3. Btock 2, soid Crys{e� gQy Patk, to the - Northwesterly line of seid Lot 2. Btock 2, Crystal Boy Pork;'thence Southwesterly along the � IVorthwesterly line ot seid Lot 2 to the point of beginning,� eccording to the plot thereof on file or of record in the Office of the Register of Deeds in ar� fo� soid county. � Hennepia_�,ounty. Minnesota • . ' (Torrens) . � . Subject to Easements of record, if eny. . � Page 5 of 5 �