HomeMy WebLinkAbout1995-06-20 Resolution 3566CITY of ORONO
RESOLUTION Of THE CITY COUNCIL
NO. 3566
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDMSION 19
FILE #2007
WHEREAS, Tony Eiden of the Tony Eiden Company, (hereinafter "the
applicant") is the owner of the property located at 2800 Countryside County Drive West within
the City of Orono (hereinafter "City") and legally described as:
Lot 1, Block 2, Old Crystal Bay Road Addition, Hennepin County, Minnesota
(hereinafter "property"); and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit the filling and grading of a berm that exceeds 100 cubic yards of fill per
Municipal Zoning Code Section 10.03, Subdivision 19.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #2007.
2. The property is located in the RR -113, Rural Residential Zoning District requiring
2 acres in area. The subject property consists of 2 acres.
3. On May 15, 1995, the Orono Planning Commission reviewed the application as
proposed and recommended approval of an amended application based on the
following findings:
A) Proposal will have no negative affect on the adjacent properties nor on the
residential development within the Old Crystal Bay Road Addition.
Page 1 of 5
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�'ggKp� NO. 3566
B) The final approved drainage and grading plan will ensure that the
residence on the property will not be subject to seasonal flooding.
C. Major drainage will be directed away from the residential sites on Lots 1
and 2. Drainage will now flow within a defined drainage easement and
conform wiih the comprehensive drainage plan approved for the Old
Crystal Bay Road Addition plat.
4. The City Council finds that granting a conditional use permit to allow the
installation of a berm and swale 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.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff a:1d comments of
the applicant 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 City Council
hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision
19 to permit the installation of a berm and swale within the property subject to the following
conditions:
1. All grading and drainage improvements shall be installed per approved plans
included as Page 5 of this resolution.
2. Applicant and owner of Lots 1 and 2, Block 2, Old Crystal Bay Road Addition
shall execute drainage easements providing a 10' drainage easement on either side
of shared lot line.
3. Prior to applicant's contractor installing suitable ground cover upon completion
of final grades, applicant shall contact City to arrange for a final inspection by
the City Engineer to confirm that grades have been installed per approved plan.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 6 6
4. Authorities granted by this resolution are permissive only and must be exercised
by application for a land alteration permit within one year of the date of Council
approval or this conditional use permit will expire on that date (June 12, 1996).
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 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 12th day of June, 1995.
A T:
thy M. al , City Clerk Edward J Ca ahan, Jr., or
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Property own s)
;;r� �::•.. CHI A A. LANGHANS
STATE MINNESOT ) ;1 TARP P IC •MINNESOTA
i HENNEPI OUNTV
M� Comm. Expires 31.2000
COUNTY OF EN N IN )
The going instrument was ac ledged before me on dIN
1995, by Edwar J. llahan, Jr., Mayor oro, M. Hallin, City CIC
Orono, a Minne ota mu 'cipal corporation d said i� ment was execu i
City. i L1 y � _. �-k„ .� '�•
Leir-4/'A.V4
Page 3 of 5
Eh day of June,
of the City of
a behalf of the
STATE OF MINNESOTA
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. R 5 S 6
ss.
COUNTY OF HENNEPIN )
On this -D C,— day of '����`-� 199 before me a Notary
Public within and for said County, personally appeared 4_ k-
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
---------------
CHRISTINA A. LANGHAJ14b
STATE OF MINNESOTA ) = woTAnr vueuc • Mi1LINTY`HENNEPIN C:.��NTYss. My Comm. Exoif s Jan. 31.
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
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF 'T CI ,COUNCIL
NO. 0 v
The foregoing instrument was acknowledged before me on this 12th day of June,
1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Pta WEE Notary Public
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