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Home My WebLink About#5442-CUP-2006 4 .ck$-0.40>. Vy,A - _ CITY of ORONO , t, 104 ,0..: _t' i' ', 47 RESOLUTION OF THE CITY COUNCIL �L y, �G 5442 IcI3 ESoN O. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-418 (16) FILE NO. 06-3181 WHEREAS, Dean C. Leischow and Kelly C. Leischow, husband and wife (hereinafter "the applicants") are the owners of the property located at 1200 Old Crystal Bay Road South within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Breckenridge, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-418 (16) to allow installation of plumbing, consisting of a toilet, tub or shower and sink, in an accessory building located on the Property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3181. 2, The Property is located in the RR — 1B, Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The applicants' Property is 2.57 acres and 294 feet in width. 3. The Planning Commission reviewed this application at a public hearing held on March 20, 2006 and recommended approval of the conditional use permit based on the following findings: a. The applicants have demonstrated compliance with the conditions noted in Section 78-418 (16), a through e, of the Zoning Ordinance. Page 1 of 5 i Iv 0.41 ( O \ O4i CITY of ORONO �,� 17 �� 4�,.%�,_ c.) RESOLUTION OF THE CITY COUNCIL � • 4kzs8o*`' NO. 5442 b. The proposed use of the accessory structure as a pool house will not be detrimental to the residential character of the neighborhood. c. The Property exceeds the 2.0 acre minimum lot area requirement. d. The accessory building in which the plumbing will be located is conforming in location, size and height. e. The applicants have agreed, as part of this resolution, to enter into a covenant that disallows use of the accessory building for a home occupation, dwelling, or rental/lease of the building as a dwelling. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent 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 per Orono Municipal Zoning Code Section 78-418 (16) to allow installation of plumbing, consisting of a toilet, tub or shower and sink, in an accessory building located on the Property, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 5 .. ,;?. 0.iii 00 _ , CITY of ORONO � ti . ioilli . c. RESOLUTION OF THE CITY COUNCIL <Ik'ES1I0�� NO. 4 4 2. The applicants hereby agree by executing this resolution and covenant that the accessory building that is the subject of this resolution will not be: a. Used for a home occupation unless specifically approved by the city or if allowed by this Code. b. Used as a dwelling unless a guest house conditional use permit is obtained. c. Rented, leased or otherwise provided for use as a dwelling under any circumstances. The applicants acknowledge that this covenant shall be binding upon current and future owners of the Property, and shall be filed within the chain of title of the Property. 3. Authorities granted by this resolution run with the Property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (March 27, 2007). 4. 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. 5. The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 27th Day of March, 2006. ATTEST: '° i I.i;. / 1 ,t l'/ ,:' �c:Girt k ti l 1. Citi .f Linda S. Vee, City Clerk Barbara A. Peterson, Mayor f B Property Owier(s) Page 3 of 5 .1,.A,P;43 0 CITYof ORONO �� I��1, �Gti �� RESOLUTION OF THE CITY COUNCIL `4k ESH�4 No. 54 4 2 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this o7 day of (lave, ,.,., 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . .,, KRIS-it I ANDE• . Notar'y Public 6}': � MIN�caOl1n. f� 4* NOTARY PUBLIC Y 20 , , ',, .i R tp Commission Expires Jan.3 ?y, STATE OF MINNESOTA COUNTY OF HENNEPIN sem.. The foregoing instrument was acknowledged before me on this:;: day of I \, (...`, , 2006 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 RACHEL DODGE ; . `, . d_(.. t ( )�' c( t_ ..4 t NOTARY PUBLIC-MINNESOTA �) ','' " my Co > NotaryPublic y 'Commission Expires Jan.31,2010 ,3 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this ; day day of , t, .:, ,;;,,t',:, 2006 by Dean C. Leischow, husband of Kelly C. Leischow. r _ .� '.,-.0D,'' ...ex." l f 1.1'4', DENISE M. LESKINEN k • NOTARY PUBLIC-MINNESOTA oiti Notary Public My Commission Expires Jan.31,2010 l� Page 4 of 5 e?..0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ikesgSA' NO. 5 4 42 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this c day of ( ,4,./.1.)/, , 2006 by Kelly C. Leischow, wife of Dean C. Leischow. //*; , , ,, /.. ., ,..- / ( 41,404' i' DENISE M.LESKINEN / - `-kl.,,, NOTARY PUBLIC-MINNESOTA Notary Public MyC rrission Expires Jan 31,2010 OM 1 ..."..."--,-•,..,-...c...--e-....---,-..."-) -,--," • Page 5 of 5 \ 7.3 t u) _ o i. 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G li ��y 't. �Y ; 4 1.1`../AN_ 1 ,422, � 'y-ry �4 ys 1Ic, #110 de Pd. - LrC �`�,d, ',. fr+r i 1 u ♦, •� B95 / 11 I J % / wa�1 p I is u 1 — I / I I jy 4' , / kil Ti . , ! 1 / 11 z I I / rangy �/�Y r � I I I / -Is6 �� //?I / v,c , 1 I 1 / dY_6se �7�I} asa `4 a / i �' / , l x'61 ' t. i , , •.,. „ 4,.., ,' A. /t R a 0/ n / �fir6 lig.. a� //4 4 /Jr'n g i \ / 4s rt / I S. % 1 E. ..A7C�•1 (tib 'ON CVO .11N(100) t 'S ad02i AVS '1d1SA2:1 O�0 CII 1A m ROJECT N0. 900K R -E MAR.22, 2006 AGE Lam'UIL DING E\risoraS PERMIT SUR VE)./ '. i� ni,Ca>¢nTcr-HAT TN5-;),,E/WAS PFS,AREs Land .1.AU A :WIC,STEWCO Lua wvvc Frank R. Cardarelle Surveyor r*EP TME IAv.S 0T TME STATE 0,...MIA L E/C'HO W RESIDENCE 6440 FLYING CLOUD DRIVE `oESKUCHE DESIGN r EDEN PRAIRIE,MN 55344 RANK R.R.CAROAREELE NEC.NO.6506 _ 952-941-3031