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Home My WebLink About#4242 - CUP • ' � `// 0�? � ' Y /O O ; �d _- C ITY of ORON4 � � � �'�/ RESOLUTION OF THE CITY COUNCIL L9kESH�4� NO. Q. � ;^ � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 AND 21 FILE #2454 WHEREAS, Greg Barnum and Marcia Barnum, (hereinafter "the applicants") are owners of the property located at 150 McCulley Road (31-118-23-33-0012) within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Bayside Hills, Hennepin Counry, 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 February 16, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and W'I�REAS, the applicants have applied to the City of Orono for an after-the-fact conditional use permit for land alteration to grade the subject property to install a driveway where 1,500-2,500 cubic yards of soil were disturbed per Municipal Zoning Code Section 10.03, Subdivisions 19 and 21. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDPi GS l. This application was reviewed as Zoning File #2454. 2. The property is located in the RR-lA Zoning District, where 5 acres is the minimum lot area. The property consists of 6.8 acres. 3. The Planning Commission reviewed this application on February 16, 1999 and recommended approval on a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: Page 1 of 5 �o „ . . � � �o 0 ;� �,. � _, � � CITY of ORONO � ��t �,'�' / RESOLUTION OF THE CITY COUNCIL 9kESH0�� N O. 4 `� �_ :�5 A. The front yard is on Bayside Road. B. Hennepin County has approved a driveway curb cut for a 14-22' driveway. C. The septic sites are staked and were protected during the installation of the driveway. 5. The City Council fmds that granting an after-the-fact conditional use permit for land alteration to grade the subject property to install a driveway where 1,500- 2,500 cubic yards of soil were disturbed 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 Ciry Council hereby grants an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 and 21 for land alteration of 1,500-2,500 cubic yards of soil to establish a driveway as shown in Exhibit A, subject to the following conditions: l. The debris on the subject property shall be removed and disposed of in accordance with City and State statutes. 2. The applicants shall obtain a land alteration permit. 3. The address for the subject lot shall be changed to a number in sequential order on Bayside Road. Page 2 of 5 �. , y i� /.�, 0,�. O O �e .- C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � � t� �a 4. Authorities granted by this resolution are permissive only and must be exercised by application for a land alteration pernut within one year of the date of Council approval or this after-the-fact conditional use permit will expire on that date (February 22, 2000). 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. 6. 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 Ciry Council on this 22nd day of February, 1999. ATTIEST: , � � Z��v `G/ Linda S. Vee, City Clerk Gabrie abbour, Mayor ,> � � , �' �_ ,%� � operty Own s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of February, 1999, 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. ,, �._ ; \ --..�MARY��:�� .._ -- � �z ��'v ��r�'�� Notary �Yiblic `" o'��`��,�. NOTARYPUBLIC-h�!NidE�O�A -'�,.� My Commission Expires Jan.31,2CC0 �` i Page 3 of 5 r � - i �.�, O,�. O O �e - C ITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL l � � � �`�: :� 9kESH�g' N0. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �tf� day of �}-�� cC -(' , 199 9 before me a Notary Public within and for said county, personally appea d �=K � .t3n�?n:�rn �„� rn .�-R c�� Y n�r m, ,��`� known to me to be the person(s) described-m and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � % 1��1.C. ��1'U�✓ � �� - � � MARYANNJOHNSON NOTARY P BLIC � � �� ;� �.�; NOTARY PUBLIC-MINNESOTA "? � „„,. My Commission Expires Jan.,1,2000 �''� :�'�"'-^--,i-.�. .,...�.;.t_.. .. �--,---�-•�,-,. . 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 Page 4 of 5 , . ..� � . . 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