HomeMy WebLinkAboutRes 2632 City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2632
ORONO
•
A RESOLUTION GRANTING
AN AFTER-THE-FACT
CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE #1392
WHEREAS, Kim Edwards (hereinafter "the applicant") is
the owner of the property located at 2450 Woodhaven Drive located
within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 2, Block 1, Levering's Woodhaven, Hennepin County,
Minnesota (hereinafter "property"); and
WHEREAS, the applicant has applied to the City of Orono
for an after-the-fact conditional use permit to permit placement
of fill and grading in excess of 100 cubic yards per Municipal
Zoning Code Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1392.
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 and recommended approval, based on
the following findings:
A) The fill and grading that has taken place will have
no significant impact on the neighboring properties and
will not change the rates or amounts of run-off.
B) The property was previously relatively low. The
average 4' depth of fill is not out of character with
the neighborhood.
C) No additional fill is proposed.
D) Applicant has agreed to finish grading per the City
Engineer's recommendation, and intends to landscape the
filled area.
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City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2632
ORONO
E) The amount of filling that has occurred is
approximately 4 ,500 to 5, 000 cubic yards.
F) The fill that has been placed appears to be
acceptable clean fill.
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 finds that granting this after-the-fact
conditional use permit to allow placement of fill and site
grading will 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 an after-the-fact conditional use
permit per Municipal Zoning Code Section 10.03, Subdivision 19 to
permit the placement and grading of fill , subject to the
following conditions:
1. Remove all fill that has been placed on neighboring
property.
2. Finish grade entire area (all bank slopes to be 4 :1 or
flatter) .
3 . Place erosion controls until revegetation is
established.
4. Seed or sod immediately after final grading. Applicant
shall work with City staff to complete an acceptable plan
for tree and shrubbery plantings for the property.
5. No additional fill may be brought onto the property
without an additional conditional use permit.
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2632
ORONO
6. Applicant shall pay the standard after-the-fact
investigation fee when the grading permit is issued. The
permit shall be obtained prior to commencement of finish
grading.
7. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by obtaining a permit within one year of
the date of Council approval or the special conditions of
this resolution will expire on that date (May 8, 1990).
8. 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.
9. The undersigned owner has read, understood and hereby
agrees to the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 8th day of
May, 1989.
ATT: T:
1- .,,.r:,=;: .// ;
Doroth M. = ilin City Clerk Jame- R. Gra. - , ' - •or
;Phi
*roperty Own: s)
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, .
, . : .
A ; City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2632
ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 8th day of May, 1989, by James R. Grabek & Dorothy M.
Bailin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
• 1. LAURIE K. SCHEFFLER
= J4.. NOTARY PU>LIC-MINNESOTA
HENNEPIN COUNTYn�/JJ J�, ` ��
. .� My commission expires 6-8.93
/fell_ ,
Not y Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this LI J14 day of IY)AY , 1989
before me a oary Pub is within and for said county, personally
appeared A f J f C(-JAPfl 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
LAURIE I:. SC:HO:RIR
NCTARY FUDLIC-MINNESOTA 4VAA,U--I<ActlithiPM
HENNEPIN COUNTY NOTARY PUBLIC
My coram.tort eapiret6•6.43 Z
l
STATE OF MINNESOTA )
)ss.
COUNTY OF HEENNEPIN )
On this J.QT/-t day of ir)/Ay , 1989, before me
aary, Public within and for said County, personally appeared
pry ryv),Wcfl`; 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.
,, LAvei= {EFFLER0
I _-
r`r r, i. NOTA Y PUeL1C-MINNESOTA 4.11\j.t k+ HENNEi N COUNTY NPUBLIC
My con-mis::ion cxpiras 6.6.93
l
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