The URL can be used to link to this page

Home My WebLink AboutResolution 4726 a Y ! ) R � — 'i " . � . . tT� //� ' � O� • O ... O ��b. - CITY of ORONO � ,� . ti �� ,�' RESOLUTION OF THE CITY COUNCIL ��`q$Eg_g� � NO. _ � � `�' `� �_ � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. O1-2736 WHEREAS,the City of Orono,(hereinafter"the applicant")is owner of the property located at 340 Willow Drive North within the City of Orono (hereinafter "the City") and legally described as follows: Attached"Exhibit A",Hennepin County,Minnesota(hereinafter"the property");and WHEREAS, the existing Long Lake Fire Station is being purchased by the Minnesota Department of Transportation and the Fire Station is being relocated to 340 Willow Drive North in the City of Orono; and � . - � WHEREAS,the City of Orono,on behalf of the Long Lake Fire Station,has made • application for a conditional use permit to permit land alteration of greater than 500 cubic yards on the property; and WHEREAS, after due published notice and mailed notice in accordance with . Minnesota Statutes and the City of Orono Zoning Code, the Orono City Council held a public hearin� on November 26, 2001, at which time all persons desiring to be heard concerning this T . application were given the opportunity to speak thereon. �• • �� '- NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, � t� . .Minnesota: � FINDINGS ° 1. This application was reviewed as Zoning File#01-2736. " 2. The property is located in the RR-1B, Single Family Rural Residential Zoning:;- � District. � �}'' �. 3. Municipal Uses are a"permitted"use in the RR-1 B zoning district,therefore the fire -. station use of the property is permitted. � '� � �� ; . ,, � ' Page 1 of 6 ` . � ` .. � t! r ". � '. ..! . ' ,�_ � . i" , � , �__._ �� O ' Y • O _, O ��e. - CITY of ORONO a � � ti �� '�' RESOLUTION OF THE CITY COUNCIL ��sKO�`'� rvo. - � 7 2 6 4. A conditional use pernut is required when land alteration in excess of 500 cubic yards is proposed on a site. The total land alteration proposed is 22.461 cubic yards. 5. Soil correction is necessary to even the overall elevation of the property. Elevations would establish a level building site but also a level parking area that would be constructed on the east side of the proposed building. The property currently slopes to the southeast. � 6. The proposed finished grades would a11ow drainage to follow the same general _ pattern that currently exists on the property. The grades indicate the drainage is from the northwest to the southeast. 7. The City Council finds that granting a conditional use permit to permit 22,461 cubic yards of land alteration will not be detrimental to the health,safety or general welfare of the public,will 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. 8. T'he City Council has considered this application, report by staff, 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 above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of 22,461 cubic yards for the purpose of establishing a future Long Lake Fire Station building site subject to the following conditions: 1. The MCWD shall issue an erosion control permit prior to issuance of a land � alteration pernut. . 2. Silt fence shall be placed azound the grading limits of the site and stock pile area per the plan set. . Page 2 of 6 . ; , � � . �� O� • O . O ��d. - CITY of ORONO ,� � . . �� ,'�' . RESOLUTION OF THE CITY COUNCIL ��`9k'ESHpg'� NO. �� 3. Haul routes should be identified and a�tr�c control plan should be provided along with start and end dates for the project. 4. Erosion control measures in addition to silt fence may be necessary to protect the proposed 2:1 slopes on the surcharged area. 5. Contractor sha11 be responsible for ma.intenance of the road and any deposits or debris on the roadway. 6. Authorities granted by the conditional use permit run with the property not with the applicant, but 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 (November 26, 2002).� 7. Violation of or non-compliance with any of the terms and conditions of the • conditional use permit approval shall constitute a violation of the zoning code,shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned owner has read,understands and hereby agrees to the terms of this resolution and on behalf of the City of Orono, its' heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the properry. � � Page 3 of 6 . - . . � , �----- �� • �� _ � . ��d. - CITY of ORONO � �, . ti � �� p'�' RESOLUTION OF THE CITY COUNCIL ��SH�4� . NO. � � � � �°.b Adopted by the City Council of the City of Orono, Minnesota at a regular meeting , held on the 26th day of November, 2001. ATTEST: iQ� (/ ' — _.. Linda S. Vee, City Cle � Barbara A.Peterson, Mayor-- � �, � , - , � � . � City Official � . _ . .�_ - . ::. STATE OF MINNESOTA � '"'� ,.. . COUNTY OF HENNEPIN � � The foregoing instrument was acknowledged before me on this 26th day of November,2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � JAqqE YOUNG ��- NOTARY Pl�i1C-�S�TA ''�' tuty Commt�on F.�rea dan.st,z005 N ary,'Public � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this � day of ..n rs(r��"'� ,200 ! by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JACKIE YOUNG /�',��° �� NOTARYPI�IC-�MJar►E3��5 . NOt� Ub11C � My Comrti�sswn P s • . . Page 4 of 6 ,• ' ' �_._._ . � O� � O � O ��b. � CITY of ORONO � � � . ti �� G'�' RESOLUTION OF THE CITY COUNCIL - ��kESH04� NO. � � � � STATE OF MINNESOTA COUNTY OF HENNEPIN On this ��day of �ece�nber— , 20 or , �or�4�o1 .�. Mc�r's� , �i�-t.j A�rH-.;�'�S�'�'��- personally appeared before me, � who is personally known to me whose identity I proved on the basis of whose identity I proved on the oath/�rmation , a credible witness � and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ,�o� � Notary Public � .f RACHEL QODGE . ;�:; NOTARY PUBLI�C-MINNE^OTA :.;,,:.� My CommGssion Expkes Jan.31,20Q5 • Page 5 of 6 ' • �� Exhibit A . . � �'� � Legal Description for 340 Willow Drive North (Donald M.Mendelson) � • The north 387.8 feet of the south 2263.8 feet of the west 42 rods of the Southwest Quarter of on Section 34, Township 118 North, Range 23 West,Hennepin County, Minnesota, excluding road. � . � . Page 6 of 6 � � HINSHAW & CULBERTSON . . r,....,.�'.^J V L�� • APPLETON,WISCONSIN PIPER]AFFRAYTOWER �Q��'17� 1 � /'^.nf� ��i BELLEVILLE,ILLINOIS SUITE 3100 MILWAUKEE,WISCONSIN BROOKFIELD,WISCONSIN 222 SOUTH NINTH STREET MUNSTER,INDIAt�� Y Vr: • ^ r CHAMPAIGN,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 PEORIA,ILLINOIS u��vi�JO CHICAGO,ILLINOIS PHOENIX,ARIZONA CRYSTAL LAKE,ILLINOIS 612333.3434 ROCKFORD,ILLINOIS FT.LAUDERDALE,FLORIDA ST.LOUIS,MISSOURI . )ACKSONViLLE,FLORIDA SAN FRANCISCO,CALIFORNIA JOLIEY,ILLINOIS � SPRINGFIELD,ILLINO[S L[SLE,iLLIN0IS TELEFAX:612.334.8888 ' TAMPA,FLORIDA MIAMI,FLORIDA WAUKEGAN,ILLINOIS March 28, 2002 WRITER'S DIREC'f DIAL NO. FILE NO. 612-334-2516 752031 Ms. Rachel Dodge � Deputy Clerk City of Orono . P.O. Box 66 Orono, MN 55323 - 0066 Re: Resolution No. 4726; File No. 01-2736 � • - Dear Ms. Dodge: . Enclosed is a copy of Resolution No. 4726. The legal description that was attached to this resolution as Exhibit A was incorrect. We have corrected the legal description and added a new Exhibit A. � Very tru s . �y�,�� Rolfe orden RAM/tlk . � Enclosure • � . HC26DS2/4715/2673 148.v1 3/282002 A PARTNERSFIIP MCLUDING PROFESSIONAL CORPORA'fIONS • � � Exhibit A . Resolution No. 4726 Leg11 Description for 340 `Villo�v Drive North (Donald M. Mendelson) All that part of the Southwest 1/4 of Section 34, Township 118 North, Range 23, West of the Sth Principal Meridian, described as follows: Beginning at a point on the `yest line of said Southwest 1/4 distant 1876 feet North of the Southwest.corner thereof; thence North along said West line 387.8 feet; thence East parallel with the South line of said Southwest 1/4 a distance of 693 feet; thence South parallel with said West line 387.8 feet; thence VVest 693 feei to the point of beginning. � � . � �