HomeMy WebLinkAbout#5396-CUP-2005 h
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�'. � i '► sRESOLUTION OF THE CITY COUNCIL
` icESK04 NO.
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
• PER MUNICIPAL ZONING CODE
SECTION 78-418 (16)
FILE NO. 05-3156
WHEREAS, Kevin Garnett and Brandi Garnett, husband and wife
(hereinafter "the applicants") are the owners of the property located at 450 Orono
Orchard Road South within the City of Orono (hereinafter the "City") and legally
described as follows:
Lots 5 and 6 Auditor's Subdivision No. 307 and Lot 15, Block 12,
Minnetonka Bluffs, 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
existing accessory building located on the south side of the Property.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 05-3156.
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
applicant's Property is in excess of 14.0 acres and 670 feet in width.
3. The Planning Commission reviewed this application at a public hearing
held on October 17, 2005 and recommended approval of the conditional
use permit based on the following findings:
Page 1 of 5
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P,as, '\,�, , ,�, IM"k,G RESOLUTION OF THE CITY COUNCIL
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a. The applicants have demonstrated compliance with the conditions
noted in Section 78-418 (16), a through e, of the Zoning Ordinance.
b. The proposed use of the accessory structure 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
existing accessory building located on the south side of the Property, subject to the
following conditions:
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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.
2. The applicants hereby covenant and agree 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 if a future subdivision of the property leaves the
accessory building on a lot less than 2.0 acres in area, theCit y may require that
that
the plumbing in the accessory building be removed. Further, 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 (October 24, 2006).
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.
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‘7,1s, ���NI���1/4.1,. ,-7 G RESOLUTION OF THE CITY COUNCIL
L4kESH�4� NO. 5 3 9 6
Adopted by the Orono City Council on the 24`I' day of October. 2005.
ATTEST:
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`Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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Property Owne L
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this,4'. ) day of
/ ,-;. I.: , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
Municipal corporation and said instrument was executed on behalf of the City.
Notary Public
ii.,:.)A S, VEE
STATE OF MINNESOTA N, Y i.;,_Ic-MINNESOTA ti
,,C,,r i.n Expires Jan.31,2010
COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this ' day of
I\-' L'0,:_pf.;'<: -.2005 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.
_N otar. Public
y,.._.41!' RACHEL DODGE ,1
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. ,, ,,►,1i,.% G, RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this Arday of--.X.-1.--/ , 2005
by Kevin Garnett, husband of Brandi Garnett.
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GERALDINE K LUOMA
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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This instrument was acknowledged before me this 'day of '�'_-;,,,,,�' , 2005
by Brandi Garnett, wife of Kevin Garnett.
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Page 5 of 5
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