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HomeMy WebLinkAboutResolution 2957 f N 4 0 /0 0\ CITY of ORONO \�� r : '}l 4, t.tv// RESOLUTION OFTHECITYCOUNCIL l 1 !1 r 43 �9 NO. 2957 kE3H� A RESOLUTION GRANTING AN AFTER-THE-FACT CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 & 21 FILE #1623 WHEREAS, Keenan Richardson , (hereinafter "the applicant" ) is the owner of the property located at 2500 Woodhaven Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1, Leverings 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 the filling and grading of approximately 500 cubic yards, requiring a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 through 21. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1623. 2. The property is located in the RR-1B Rural Residential Zoning District. 3. In the Fall of 1990, the applicant placed approximately 500 cubic yards of fill in his front yard. The City Inspector advised applicant of the need for a conditional use permit and land alteration permit for the fill . Applicant stopped work on the project immediately and made the appropriate application. 4. On March 18/20, 1991, the Orono Planning Commission reviewed the application and recommended approval finding that the proposed filling will have no negative impact on neighboring properties, entails placement of approximately 500 cubic yards of fill up to 2.5' deep in a 100'x100' area of the front yard, and will help to eliminate an occasional ponding near his neighbors' sewage treatment mound. The City Engineer recommended approval of the fill. Page 1 of 4 /; O 0 0 ; CITYof ORONO A 1 moi, , r r tii \\� � fiw � 1S/ RESOLUTION OF THE CITY COUNCIL kESH0 NO. 2957 5. 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. 6. The City Council finds that granting a conditional use permit to allow the placement of 500 cubic yards of fill on applicant's property 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 a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 through 21, to permit the placement of 500 cubic yards of fill on the property, subject to the following conditions: 1. Applicant shall adhere to the grading plan as proposed. 2. All disturbed areas shall be re-vegetated as soon as possible upon completion of grading work. 3. Adequate erosion measures shall be maintained in place as may be required by the City Inspector. 4. Applicant shall obtain an after-the-fact land alteration permit including the $75.00 after-the-fact permit fee. Applicant shall further pay the $200.00 after-the-fact investigation fee for the conditional use permit application before the land alteration permit is issued. 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. Page 2 of 4 , • 4:0.- „ , 0 \\\ ,_ _ CITYof ORONO ra , Is, TI/ i� ; 1,cis i, O�/' RESOLUTION OF THE CITY COUNCIL kESI-I__ NO. 2957 6. 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 22nd day of April, 1991. AT -T: / )6tazit,A2 /4P , e:othy M =allin, City Clerk Barbara A. Peterson, Mayor If i..e,.‘f , ,,t_12.,_e? /e.e_1;._47 \Lt-t--.4_ ,-- 34-.- P perty Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of April, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. gal'— , Notary P - i �`• THERESA L NAAB NOTARY PUBUC- MINNESOTA •-'-' 4"-' ” HENNEPIN COUNTY My commission expires 9.8-92 My Commi " - - - Page -Page 3 of 4 r �o O 0 � CITY of ORONO s 11 /i 14, :AY Fir .f ' l\e z.Gti kESHO / RESOLUTION OF THE CITY COUNCIL tl9 ,„!,tV:v NO. 2957 STATE OF MINNESOTA ) ss . COUNTY OF HENNEPIN ) On this c,lcblcJ day of 1 -,;^, ” , 199/ before me a Notary Public within and fr�/�said county, personae- appeared ersona], y- a p p e a r e d ��Q;li /--e_ CF ,- iK-e e )Ct✓) /�Y iC'/ ci!s(2,1 �t ( r?FrS 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. ..40//: _iv_____ NOTARY PU THERESA L NAAB _ NOTARY PUBLIC- MINNESOTA 6 - �' HENNEPIN COUNT`' { My commission ex Oira 9-`:-42 MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , 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 Page 4 of 4