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Home My WebLink About#5177-CUP-2004 .. C( ,:1.::047. 0 _ _ CITY of ORONO d 1=I.'!-7 ti.4 , 000, ,._, C) RESOLUTION OF THE CITY COUNCIL -4 ` 1Cjsi-04 NO. ," 'I 1 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR PLUMBING IN AN ACCESSORY STRUCTURE PER MUNICIPAL ZONING CODE SECTION 78-418, SUBDIVISION (16) FILE #04-3013 WHEREAS,George C.Funk and Judith A.Rogosheske,husband and wife, (hereinafter "the applicants")are owners of the property located at 540 Old Crystal Bay Road South within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, WHITE OAK OVERLOOK, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS,the applicants have applied to the City for a conditional use permit per Municipal Zoning Code Section 78-418,Subdivision(16)to allow plumbing including a bathroom with toilet, shower and sink within an existing detached garage structure ; and 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 May 17,2004,at which times 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 #04-3013. 2. The property is located in the RR-1B Zoning District,where 2 acres is the minimum lot area. The property is 6.76 acres in gross area. 3. The Planning Commission reviewed this application on May 17,2004 and on a vote of 6-0 recommended approval of a CUP for plumbing in the accessory structure,based on the following findings: Page 1 of 5 - ./,, o 0 0 CITY of ORONO A .'-‘' ' ,,s' >q . �1��A` -' ' t-i .' -� , RESOLUTION OF THE CITY COUNCI L `9kesao- NO. 6 11 Y 1l a. The proposed use of the accessory structure with plumbing will not be detrimental to the residential character of the neighborhood. b. The pltumbing fixtures proposed are in keeping with the intended use of the accessory structure. c. The property size and accessory building location are sufficient to allow the conditional use permit to be granted. d. The CUP should be subject to the standard"Plumbing in Accessory Structure" covenant. 4. • The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff,comments by the I applicants and the effect of the proposed conditional use permit on the health,safety and welfare of the community. 5. The City Counil finds that granting a conditional use permit to allow plumbing in the accessory strteure will not be detrimental to the health,safety or general welfare of the public,would toot 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 fuse o f the property will be in keeping with the intent and objectives of the Zoning Cole and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 78-418,Subdivision(16)to allow plumbing including a toilet,shower and sink within the existing detached garage accessory structure,per the site plan and building floor plans attached to this Resolution as Exhibit A and as annotated by City staff,subject to the following conditions: 1. The applicants by executing this resolution agree and covenant that the property will be bound by the followini conditions: Page 2 of 5 . , 0 0 0 ,a. =.,i..- CITY of ORONO �'� �� , � �'�44 RESOLUTION OF THE CITY COUNCIL "Iii-zsiVg° NO. A) The accessory building will not be used for a home occupation unless specifically approved by City or if allowed by City code; B) The accessory building will not be used as a dwelling unless a guest house CUP is obtained; and C) The accessoryllbuilding will not be rented, leased or otherwise provided for use as a dwelling unde'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 obtaining a plumbing permit for the noted facilities within one year of the date of Council approval,or this approval will expire on that date(May 24,2005). 3. Violation of or non-colammpliance with any of the terms and conditions of this resolution shall constitute a violation of he Zoning Code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applip is have read,understood and hereby agree to the terms of this resolution and on behalf of theme lves,their heirs,successors and assigns,hereby agree to the recording of this resolution in the c ain of title of the property. Adopted by th� Orono City Council on this 24th day of May, 2004. ATTEST: • ' , � '". / �' LX ?. � L: / . ..pi -(: 1 %t.,,• f4s;;(mac:�. s er 4?A.. Linda S. Vee, City Clerk Barbara A. Peterson,Mayor •e/ 1 %� / V f •4 ..,....„) ,z• t k.... ....711 " 'f( 1 1 )Property Owner(s) '.� : ( Page 3 of 5 1 o 0 0 -=-'.-44,..' 0- CITY of ORONO ., . 1‘l7 � �t,% 1� v RESOLUTION OF THE CITY COUNCIL �ikESH.o* NO. P 7 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing inst ume t was acknowledged before me on this 24th day of May,2004 by Barbara A.Peterson,Mayor ofthe City f Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City v or9 ao .s \ % XP n ANC3F.l .•• Notary Public fib, r.-a, %u' '&0 1 STATE OF MINNESOTA COUNTY OF HENNEPIN ' , The foregoing instrument was acknowledged before me on this L �ay of ap' ''t &, 1 ,2004 by Linda S.Vee,City Clerk of the Oty of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City RAC;,EL DODO 3 ' 1 NOTARY POU •ulu : 07i-i'-y_ ( , L. /A-co! •. myCommission Expires Jan.' Notary Public 1 Page 4 of 5 . 1 ..?,, 044 0 0 A CITY of ORONO ti . ,'el Vcli G RESOLUTION OF THE CITY COUNCIL <`-kesiao- NO. 7? ' ' STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this j` day of (!_.-tt nn.. ._ ,2004 by George C. Funk, husband of Judith A. Rogosheske. • I RACHEL DODGE `' f`�r .,p '-1.-Z---.<' ., �' . <_.t= - i NOTARY PUBLIC-MINI :�OTA My Commission Expires Jan.31,2005 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ,9L( day of A-- ' .'---' -,2004 by Judith A. Rogosheske, wife of George C. Funk. DENISE M. 4.E ..., E. `..,, � < ,/`;'It,.., /,\")/-1: --' ,1-' _ .�:..., .. ;�'" NOTARY PUBLIC'I MINNESOTA ° ce My Commission Expihes Jan.31,2010 Notary Public l Page 5 of 5 1 I 1 bss • EXHIBIT A e CEITIFICATE OF SURVEY FOR GEORGE FUNK OF LOT .1, BLOCK 1, WHITE OAK OVERLOOK HENNEPIN COUNTY, MINNESOTA S 90'00'art MORD 1 1 \-DRAINAGE k--� ro uf.ITY EASEMENTS D' 0 LEGAL DESCRIPTION OF PREMISES: NLot 1, Block 1, WHITE OAK OVERLOOK U E Pe?- Mor • fp?"- pLVr&si G ( No I‹rc,+ ® O TING GARAGE l+ NrOy •E S SHE" EwSDTNG • r. cxsrnG °9 S U ROUSE h4 m 8 ."21A Qi ' i a This survey shows the boundaries of the g cbove described property. and the location of on .(/] g existing house, garage and shed thereon.It does not purport to show any other improvements or encroachments. U ti • • • o 4 - SS 90'00'0r 30031 - e w . — 0 Iron marker bearings shown are closed upon an assumed datum OESGM00 AMOR DATE o(SCAP9ON ! PRAEle CEIrcr Dui 0140 PLAN.SSEccannaa.ea REPORT SCALE GRONBERG&ASSOCIATES,INC. 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