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HomeMy WebLinkAboutResolution 3938 O O - CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL L9k.Zs 0 � NO. 3938 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 21 FILE NO. 2262 WHEREAS, Loma Butterfield and Ned Butterfield (hereinafter the "applicants") are the owners of the property located at 3745 Watertown Road within the City of Orono (hereinafter "City") and legally described as: TRACT 1: That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesota, described as follows: Commencing at the southwest corner of said Southeast Quarter of the Southwest Quarter; thence South 89 degrees 54 minutes 36 seconds East, assumed bearing, along the south line of said Southeast Quarter of the Southwest Quarter, a distance of 149.03 feet; thence North 03 degrees 14 minutes 50 seconds East, a distance of 654.94 feet to the actual point of beginning of the tract to be described; thence North 03 degrees 14 minutes 50 seconds East, a distance of 446.69 feet to the centerline of Watertown Road (County Road No. 6); thence South 67 degrees 13 minutes 56 seconds East, along said centerline, a distance of 179.17 feet; thence South 00 degrees 54 minutes 40 seconds East, a distance of 1031.03 feet to t%e south line of said Southeast Quarter of the Southwest Quarter; thence North 89 degrees 54 minutes 36 seconds West, along said south line, a distance of 196.51 feet; thence North 00 degrees 54 minutes 40 seconds West, a distance of 654.04 feet to the point of beginning. TRACT 2: That part of the Southeast Quarter of the Southwest Quarter of Section 32, Township 118, Range 23, Hennepin County, Minnesota, described as follows: Page 1 of 6j� 5 G r� O O ti CITY of ORONO RESOLUTION OF THE CITY COUNCIL 9kESII04� NO. 3938 Commencing at the southwest comer of said Southeast Quarter of the Southwest Quarter; thence South 89 degrees 54 minutes 36 seconds East, assumed bearing, along the south line of said Southeast Quarter of the Southwest Quarter, a distance of 149.03 feet to the actual point of beginning of the tract to be described; thence North 03 degrees 14 minutes 50 seconds East, a distance of 654.94 feet; thence South 00 degrees 54 minutes 40 seconds East, a distance of 654.04 feet to the south line of said Southeast Quarter of the Southwest Quarter; thence North 89 degrees 54 minutes 36 seconds West, along said south line, a distance of 47.50 feet to the actual point of beginning. (hereinafter "property"); and WHEREAS, the applicants have applied to the City for a conditional use permit for land alteration and grading per Municipal Zoning Code Section 10.03, Subdivision 21. A conditional use permit for land alteration and grading to haul 2,000 cubic yards of clean fill onto the subject property is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2262. 2. The property is located in the RR-lA Zoning District where the minimum lot area requirement is 2 acres. 3. The Orono Planning Commission reviewed this application on July 21, 1997 and recommended unanimous approval of the conditional use permit based on the following findings: a. The zoning lot meets the required minimum lot area requirements. Page 2 of 6 O� O O b CITY-Of ORONO RESOLUTION OF THE CITY COUNCIL ��9kE Hpg�G NO. 3938 S b. Greenhouses that were removed from the site resulted in uneven topography on the site. C. Engineering estimates indicate that 2,000 cubic yards of fill are required to fill the area according to the proposed elevations in Exhibit E. 4. The City Council finds that granting a conditional use permit to allow grading and filling will not be detrimental to the health, safety 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. 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 21 to permit the grading and filling with 2,000 cubic yards of clean fill as shown in Exhibit E, subject to the following conditions: 1. 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 permit within one year of the date of Council approval or the'special conditions of this resolution will expire on that date (July 28, 1998). 2. 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. Page 3 of 6 � O 'Y O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��9kEST�i�g�G NO. 3938 3. 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 28th day of July, 1997. A ST: Dorothy M.V lin, City Clerk Gab 'el Jabbour, Mayo , ,h1i, Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of July, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAR OLE A " NOWNNS Notary Public •..: MNUNcouNnr MY COnis m Wres Jan.31.200 Page 4 of 6 O O.J& CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��9kESYi04�G NO. 9 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this day of 4 , 199 7 , before me a Notary Public within and for said County, perso appeared 6o RNAL- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ° '"'• LINDA S.VEE NOTARY PUBLIC-MINNESOTA Notary Public • HENNEPIN COUNTY MY Commission Expires Jan.31,2000 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this h day of f- , 199'1 , before me a Notary Public within and for said County, personally appeirted Jjej alfirri'e-d. known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. =KASE�MANANNotaryPublic SOTAMy 31,2n00 Page 5 of 6 3938 e • I •1 I 3 . I I I . I I I I I I I I x i i � I � � I 1 � I I I • I I 1• I i I _ ® ® ® oomea ) * em ® ►® >oi© o* II I . o �