HomeMy WebLinkAbout1995-08-28 Resolution 3593CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 593 t
A RESOLUTIO\ GRAS\TFI G
A CONDITIONAL USE PERMIT
PER i IUNICIPAL ZONING CODE
SECTIO\ 10.03, SUBDIVISIONS 19 & 21(2)
FELE #2054
WHEREAS, Tony Eiden of the Tony Eiden Company, (hereinafter "the
applicant") has an interest in tht; property located at 2700 Countryside Drive West within the
City of Orono (hereinafter "Cit), ') and legally described as:
Lot 4, Block 2, Old Crystal Bay Road Addition, Hennepin County, Minnesota
(hereinafter "property"); and
NNMREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit the filling of 600 cubic yards on an undeveluped lot per Municipal Zoning Code
Section 10.03, Subdivisions 19 and 21(2).
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2054.
2. The property is locates in the RR -1B Rural Residential Zoning District requ;ing
2 acres of dry contiguous land. The property consists of 2 + acres. 33 acres of
which consists of a Type 1 wetland, not classifi::l as a designated wetland cf the
City of Orono.
3. On August 21. 1995. the Orono Planning Commission reviewed the application
and recommended approval of the application as proposed based upon the
following findings:
A) The proposed filling will have no impact on the adjacent properties nor on
the approved drainage plan for the Old Crystal Bay Road subdivision.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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B) This type of filling would have been approved by the City at the time of
the subdivision review of the Old Crystal Bay Road Addition had the land
alterations been shown and approved on the final grading plan.
C) The majority of drainage from thi building site will drain to the wetlands
to the northwest and will have no negative impact on the wetland.
4. The City Council finds that granting a conditional use permit to allow the filling
of 600 cubic yards will not be detrimer•al 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.
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.
CONCLUSIONS, ORDER AID CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
herebv grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions
19 and 21(2) to permit the filling of 600 cubic yards on the undeveloped residential lot located
at 2700 Countryside Drive West. based on the grading plans prepared by Mark S. Gronberg
dated July 27, 1995. Job #95-268. Approval is subject to the following conditions:
1. Erosion control shall be in place prior to any grading activities on this property.
Applicant shall be responsible for contacting the Orono building staff to confirm
that e-osion control is in place before building permit can be issued by City.
2. Applicant to amend the above referenced grading plan by creating drainage swale
along the south side of the driveway in order to protect the septic test sites to the
southeast of the propert} .
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 0593 =
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 (August 28, 1996).
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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of the Tony Eiden Company, its heirs, successors
and assigns, hereby agrees to the recording of this resolution in the chain of title
of the property.
ATTEST:
Adopted by the Orono City Council on this 28th day of August. 1995.
lin, City Clerk Edward J. Cal an. Jr., MayoK
Property Owner(s)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 28th day of
August. 1995, by Edward J. Callahan. Jr. and 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.
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Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 �5 0 3
On this -'el- ` day of . 199-5- me a Notary
Public within and for said county, personally appiared n-f�lon.l ia�r ✓1
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.
-------------
LINDA L. KIEL
40 Notary Publk MinnKota
My Commission Exam+ Jan. 31, '000
*.,., ., -0 -000404000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _ day of . 199_ be.ore me a Notary
Public within and I -or said county, personally appeared
known to me to be the person(s) described in and who executed
the foreeoine instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
NOTARY PUBLIC
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