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Home My WebLink AboutResolution 4129 CUP A � O ' V O 0 ''°- to p CITY of ORONO \P�� j; ►` , c. RESOLUTION OF THE CITY COUNCIL . 9kEs110g� NO. _ 4 1 2 9 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19-21 AND SECTION 10.55, SUBDIVISIONS 8-14 FILE #2381 WHEREAS, James Johnson and Charles Larson, (hereinafter "the applicants") are the owners of the properties located at 4300 Watertown Road, and 4285 Sixth Avenue North, respectively, within the City of Orono (hereinafter "City") and legally described as: 4300 Watertown Road (31-118-23 13 0013) Lots 1, 2, 3 of Block 1 and Lots 1, 2, 3 of Block 2 and Outlot A of Mark One, Hennepin County, Minnesota (hereinafter "property"); and_ 4285 Sixth Avenue North (31-118-23 12 0005) That part of the West 385 4/10 feet of East 695 05/100 feet of North 1532 9/10 feet of West half of Northeast quarter, Section 31, Township 118, Range 23, lying South of County Road No. 6, all in 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 Planning Commission held a public hearing on July 20, 1998, at which times 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 of Orono for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions 18-14 to permit construction of berms as shown in Exhibits A and B. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 7 V Ig0.-- 4--- O 0 : � CITY of ORONO � Vr ti `�l `4 1�y �O RESOLUTION OF THE CITY COUNCIL \EES NO. 4 1 p 9 FINDINGS 1. This application was reviewed as Zoning File #2381. 2. The property is located in the RR-1A Zoning District, where 5 acres is the minimum lot area. 3. The Planning Commission reviewed this application on July 20, 1998 and recommended approval on a vote of 6 to 0. 4. The Planning Commission made the following findings of fact: A. The proposed land alteration will not interfere with drainage patterns on adjacent property nor impact any wetlands. B. The proposed land areas to be altered will be seeded with a mixture that provides natural vegetation compatible with the surrounding environs. 5. The City Counci fords that granting a conditional use permit to allow the construction of berms 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. 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 10.03, Subdivisions Page 2 of 7 . ( 70-4.1V• . •1 pt7 ,)- , CITYof ORONO � `A1. , & ,� I c...., RESOLUTION OF THE CITY COUNCIL �`�kts004� • NO. 4 1 2, 9 19-21, and Section 10.55, Subdivisions 8-14 to permit construction of berms as shown in Exhibits A and B, subject to the following conditions: 1. The construction company, Busse Construction, on behalf of the property owners will adhere to an erosion control plan and establish natural vegetation in the land alteration area. 2. Applicants shall adhere to the construction plans as submitted. 3. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (July 27, 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 27th day of July, 1998. ATTEST: • i 4-n--, --�: ) (/ '-- -•-•-......: T-- Linda S. Vee, City Clerk Gabrie Jabbour, Mayo d ..__ *a A,........ 1-4----...--" 'ropy Owner( ‘_3"-Rin411.- Page 3 of 7 ;� O .47. /r0 _ 0 y; . �io- CITY of ORONO ' 'C,,, 1i i,Mit►1 �G RESOLUTION OF THE CITY COUNCIL \�ESHOg' N0. 4 1 2 g STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of July, 1998, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. / !! 1 I!!!I!! CAROLE A.HASEMAN NOTARY PUBLIC-MINNESOTA ., ;.`'A`,.. HENNEPIN COUNTY - My Commission Expires Jan.31,2000 &e-o_j 677,/d.,,,,11-4./ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1992_before me a Notary Public within and for said county, personally app ed Q0a.Y,r4,, Q /,� 4uu- ,,.tc,c ,. known to me to be the person(s) descri in and o x'uted the foregoing instrument, and acknowledged that he the executed the same as his (their) free act and deed. S �kt JAMIE L.GEMAR ,,y1NOTARY PUBLIC-MINNESOTA :1 e'� c.tLi� 2(=etA./ . HENNEPIN COUNTY t .'-•••' My Canmissice Expires Jan.31,2000* Nota�ry'yublic rlI I�jjrl/!l!1!!ll!!!!l/IlII ( STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this q' lay of S. 1f , 199it before me a Notary Public within and for said county, personally appeared `j J,Q r. A L. 3 fl nen n. r,Q rr i cd 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. e' nCAROLE A.HASEMAN �l'� aaA_,-eeK . NOTARYPU6UC-MINNESOTANo Public S HENNEFiN CCUNTYt. My Commission E,..:,i7es Jan.31,2CCO ) Page 4 of 7 • •...., . /4b \ . � O O k - :, ,- CITY of ORONO �'tv',414� � t'L'�I-;4l►p," �C, RESOLUTION OF THE CITY COUNCIL `�kESH04 NO. 4 q 9, 9 STATE—0 MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 5/ day of ,(;//_ , , 199k' before,,me a Notary Public within and for said county, personally a eare& t�/ (/4717 //f(7f )_ 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. Ko? ( i.1' 71' ''` /1/.f 1 1AUP,A L SULANDER 4 NOTARYPUBLIC-MINNESOTA STATE OF MINNESOTA ) 1 ' NNEPINCOUNTY My Commission Expires Jan.31,2009 .SS. ....- --l./J' !!Jllllll..,Crir COUNTY OF HENNEPIN ) On this /hday of - j L,/ , 199 8 before me a Notary Public within and for said county, personally appeared /-;nrJ r(a L. 1,0 r4^h. n,ci rr:Q rJ 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. --�,�-+ .vrsr vrf�l�.�-rte-•=`� On", /�_ 1 1 �. Ali.,/' -cf s-/ FF, CAROLE A.HASEMAN y i;;:,,,-;•i-: NOTARY PUBLIC-MINNESOTA Notary Public 171:,_ "' HENNEPIN COUNTY \ ;:_ My Commission Ex;,ires Jan.31.2000 Page 5 of 7 • , A.I • • • • . • _t . 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