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HomeMy WebLinkAbout#4086-CUP-1998 � / O�j � ' v ' �O O ��.d. - � CITY of ORONO � � . �� �,'�' � RESOLUTION OF THE CITY COUNCIL ��`9kEs_H� NO. � � � �3 � � A RESOLUTION GRANTING A COi�TDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19-21 AND SECTION 10.55, SUBDIVISIONS 8-14 FILE NO. 2374 WHEREAS, Julie and Robert C. Hanning (hereinafter the "applicants") are owners of the property located at 4220 Sixth Avenue North within the City of Orono (hereinafter "City") and legally described as: Lot l, Block 1, Winters Plentywood, Hennepin County, Minnesota (hereinafter "property"); 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 Plannina Commission held a public hearing on May 18, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for a conditional use permit to Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions 8-14 to permit enlargement of an existing berm by adding 3,000 cubic yards to the back side of the berm. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2374. 2. The property is located in the RR-lA Zoning District, One Family Rural Residential District, where 5 acres is the minimum lot area. 3. The Orono Planning Commission reviewed this application on May 18, 1998 and recommended approval on a vote of 5 to 0. Page 1 of 5 . `� * - ' � O� ' O O . , CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��9kESII�4ti�'G NO. �� �J �� �J "� 4. The Planning Commission made the following findings of fact: A. The berm was constructed in 1987. B. The added fill will widen the back side of the existing berm and will connect to a new berm being constructed on the adjacent property to the north. C. The proposed expansion will not interfere with on-site septic systems, wetlands or drainage patterns. 5. The City Council finds that granting a conditional use permit will not be detrimental to the health, safery 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. 6. The City Council has considered this application including the findings and recominendations 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use pernut per Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions 8-14 to pernut expansion of an existing berm by adding 3,000 cubic yards to be located in the area as noted in Exhibit A. Approval was subject to the following conditions: 1. An erosion control plan including revegetation has been established in conjunction with improvements to County Road 6. 2. Applicants shall adhere to the construction plans as submitted with the application. Page 2 of 5 /� _ - a � O� O O ' , C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL t�kESH�g'� NO. � �t =; � 3. Authorities granted by this resolution run with the property not with the owners but are permissive only and must be exercised by application for a land alteration pemut within one year of the date of Council approval or the special conditions of this resolution will expire on that date (May 26, 1999). 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, 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 Orono City Council on this 26th day of May, 1998. ATTEST: , ri�,��GC�i - (/��i Linda S. Vee, City Clerk Gabriel bbour, Mayor � . P perty Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of May, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Miruiesota municipal corporation and said instrument was executed on behalf of the City. �� ,�^�:-:r..��,..�„�,.f..,,�;_., : �`*r`�`• MARY ANN JOHNSON r� ' •� -- ' NOTqRY PUBUGMINNESOTA ''' Notary P 1C i/ . - �,�.r^� My Commisslon Expires Jan.31,20� ` '� Page 3 of 5 . . _ �► � � O� ' � O O _ , CITY of ORONO � � F '� RESOLUTION OF THE CITY COUNCIL � G �9kESH0g'� NO. `_ r. � � � :', STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this r��day of ...�,r,N , 199�before me a Notary Public within and for said county, personally appeared�� I;�> 1-�r;Y�n�r�c, M Q�f'/'►e� 1�� .�.b�:�1 �. � �n��.`,� known to me to be the person(s) described in and who executed the foregoing instrument, anc� acknowledged that he(they) executed the same as his (their) free act and deed. � � � � �: CAROLE A HASEMAN NOTARY PUBLIC � f��/�; NOTARYPUBUC-MINNESOTA ��``��"^a• HENNf.PiN COUNTY �:•;�.• � • My Commission Expires Jan.3S,20r,0 .. � .. ..._ - ���,^'a��-,r�.�— ,- " . '�i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�day of s e�f P tr�.�� � , 199 $before me a Notary Public within and for said county, personally appeared �0 6�� f C h�a n�.'� 9 , �i a�Lc,e.oL' known to me to be the person(s) described in and who executed the fo going instrument, and acknowledged that he (they)executed the same as his (their) free act and deed. � ``���� MARY ANN JOHNSON �� C;�� ��.� NOTARY PUBUC-MINNESOTA ' ' My Carunission Expires Jan.31,2000 •-.•• NOTAR PUBLIC Page 4 of 5 . r . . � �x�+���r � Robert C. Hanning 4220 County Rd. 6 Long Lake, NII�I 55356 ' 476-1383 Legal Describtion of above address; That part of the Northwest quarter of the northeast quarter of section 31, township 118, xange 23, described as follows: beginning at the NE corner of said NW qu3rter of the t� q�rter, thence south along the east line thereof, a distance of 170 feet;thence, west 265 feet; thence south to the center line of County Rd. 6; the.*�c�'southwesterly alo�ig said center line to the southeasterly corner of the plat of Sharon Flills; thence northwesterly to the most northerly corner thereof; thence north parallel with the w�est line of said northwest quarter of the northeast quarter to the north line of said northwest quarter of the northeas� quarter; thenc� �ast along said north line to the point of beginning. Except the north 50 feet thereof and except that part taken for road. Tne ��est 390 feet of the northeast quarter of the northeast quarter of Section 31, township 118, range 23, lying northerly of CountyState Aid . Highway #6 (formerly State Hwy #110).�ccept the north feet thereof, That part of the northwest quarter of the northeast quarter of Section 31, township 118, range 23, described as follows: Co�nencing at the northeast corner of said northwest quarter of the northeast quarter thence south along the east line, thereof, a distance of 170 feet to the point ofbeginning of the tract of land to be described: thence ca�est 265 feet; thence south to the centerline of County Road #f6; thence northeasterly along said center line to the east line of said northwest 9uarter of the northeast quarter: thence north along said east line to the point of beginning. �ccept that ��part taken for road. '�he end.