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HomeMy WebLinkAbout1995-01-09 Resolution 35130,4� CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3513 A RESOLUTION GRANTF G A CONDITIONAL USE PERMIT PER NILIICIPAL ZONL'qG CODE SECTION 10.03. SUBDIVISIONS 19 AND 21 FILE #1985 «TIEREAS, Bruce Bren of Bruce Bren Homes. (hereinafter "the applicant") has an interest in the property located at 1000 Cox Farm Road within the City of Orono (hereinafter "City") and iegally described as: Lot 8, Block 1. Shadowood Farm. Hennepin County. Minnesota (hereinafter "property"): and NVHEREAS. the applicant has applied to the City of Orono per Municipal Zoning Code Section 10.03. Subdivisions 19 and 21 for a conditional use permit to permit the filling of 300 cubic yards of till to be used in the preparation of the building pad for a rear walkout where the code would have allowed 100 cubic yards under the authority of a building permit. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File =1985. ?. The property is located in the RRAB Rural Residential Zoning District requiring, 2 acres of dry contiguous land. The property consists of 3 — acres of land, Z, of which are dry contiguous land. 3. On November 21. 1994, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: A) The filling of the building site will have no negative impact upon the existing. approved drainage plan for the subdivision of Shadowood. Page 1 of 5 r"m aro,. 0 � CITY of ORONO .T . RESOLUTION OF THE CITY COUNCIL B) Septic sites at the southwest comer of property will be protected by the creation of a swale that will carry drainage away from septic areas and eventually to the east. C) Walkout design will not be unusual as some of the developed lake shore lots have been developed with either full or partial walkouts. D) Proposed improvement will have no negative impact on the property values of the adjacent residence. 4. The City Council finds that granting a conditional use permit to allow the filling of 300 cubic yards to prepare a building pad for a walkout design 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 racommendations 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. CONCLUSIO\S, ORDER AIN7D 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, Subdivisions 19 and 21 to permit the filling of 300 cubic yards of fill for the purpose of preparing a building pad, subject to the following conditions: 1. All grading and drainage improvements have been approved as shown on the grading and drainage plan by Mark S. Gronberg of Coffin and Gronberg and included in this resolution as page 5. 2. Authorities granted by this resolution run with the property not with the applicant but are permissive only and must be exercised by application for a building Paee 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. -3:5 1 3 STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) On this C �!� day of ` a. x �e�- ^r 199, before me a Notary Public within and for said County, personAlly appeared %«� • &'—>i << known to me to be the person(s) described in and who executed the forgoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L BOSMA NOTARY PUSUC-MINNESM HENKRN COUNTY 61y Commission E*rts Jan• 31,1000 ,. STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) Notary Public 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. F. M a.QPw ti / �F�I��•Y i� � . DEQ , f 1-7 ' 1 1 / � oWl I C4 r ' /�•�10 , �htN1.N-Jt(,..r,4��• z \ \ �• ��1 ar1,v, r/