HomeMy WebLinkAboutRes 2625 City of OR,ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2625
ORONG
A RESOLUTION GRANTING
A CONDTIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (E)
FILE #1390
WHEREAS, Wear Enterprises Partnership is owner of the property
located at 2845 Wear Circle and has granted an easement to U.S. West
Communications (hereinafter "the applicant") to install a utility structure
within the property legally described as Lot 3, Block 2, Rolling Meadows
2nd Addition, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, per Section 10.20, Subdivision 3 (E), the applicant has
applied to the City of Orono for a Conditional Use Permit to permit a
remote terminal enclosure 61x10' in dimension on the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1390.
2. The property is located in the RR-1B Rural Residential Zoning
District.
3. On April 17, 1989, the Orono Planning Commission reviewed the
application as proposed and recommended approval based on the
following findings:
A) The location of the utility structure on the residential
property will not place undue restrictions on the building
envelope.
B) The installation of natural screening adjacent to the utility
structure will lessen the visual impact upon the users of the
adjacent public roadway and residential land owners within the
immediate neighborhood.
C) The proposed conditional use permit is in accord with the
objectives of the zoning chapter and the purposes of this zoning
district.
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City of OR ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2625
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D) The proposed location of the structure and the conditions
under which it will be operated or maintained will not be
detrimental to the public health, safety or welfare or materially
injurious to properties or improvements in the vacinity.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
staff and comments of the applicant and the affect of the proposed use
on the health, safety, and welfare of the community.
5. The City Council f inds that granting a conditional use permit to
allow the installation of the remote terminal enclosure as proposed
would not be 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.
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 10.20, Subdivision 3 (E) to permit the installation of a remote
terminal enclosure by U.S. Direct .Communications, subject to the following
conditions:
1. No signage shall be allowed within the utility easement area
granted to the applicant.
2. The City will ask for three additional landscape plantings along
the east side of the easement providing additional screening for the
users of the public roadway.
3. Applicant to provide regular landscape maintenance of the area
throughout the year.
4. Authorities granted by this resolution run with the property not
with the owner, but . are permissive only and must be exercised within
one year of the date of Council approval or the special conditions of
this resolution will expire on that date (April 24, 1990).
5. 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.
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City of OR ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2625
ORONO
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6. The undersigned owner and applicant 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 24th day of April,
1989.
AT ST:
/befothy Hallin, City Clerk James Gra e ydt
r '
operty Owner(
&) n, xk'"
U S. est Communications Representative
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
10th day of April, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor &
City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the ity.
Notary Pub-lid ^�>^.� LA U E SCHEFFLER
�•�' .�:1��?`.. NOT , OLIC—MINWESOTA
.r HENNEPIN COUNTY
- . My commission expires 6•E-93
My Commission Expires
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City of ORONOCITY ~
RESOLUTION OF THE CITY COUNCIL
OF NO. 2625
ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of198_'
before me a 9tary Publ ' c w t in and for said county, personally
appeared K0 LA rn V. 2���� 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.
�i,za
SOVARY PUBLI
LAUR E f . SCHEFFLER
z ". NOTAAT FUSLIC-MINNESOtA
HENNEPIN COUNTY
My commission oxpires6.8-93
A /41
MY CO S ION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this /9 day of �L 1981, before me
ed
a Notar ublic wit in nd f r said County, personally appeared
known to me to be the
person(s) desc ibed in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NO ARY PUB
RIE K. SCHEFFLER
NOTARY PUBLIC-MINNESOTA
=' HENNEPIN COUNTY
My commission expires6-8-93
MY COMMISSION EXPIRES
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
O NO. 2625
•R• •
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of ► 198
before me a Notary Public within and for said county, personally
appeared
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.
NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personally appeared
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.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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