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Home My WebLink AboutResolution 4672 t j i=� �� o 0 ��b. - CITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL �L`�k'E Hp4�G NO. 4 � "� � S A RESOLUTION GRANTING � A CONDITIONAL USE PERMIT � � PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19, FILE NO. #01-2685 WHEREAS,John M. Culliton and Cindy L. Culliton(hereinafter"the applicants") are the owners of the property located at 1131 Wildhurst Trail within the City of Orono(hereinafter "the City") and legally described as follows: , Lot 1,Block 1,HEATHERCROFT,Hennepin County,Minnesota(hereinafter"the property"); and . WHEREAS,the applicantS have applied to the City for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit in excess of 500 cubic yazds of fill . to be brought onto subject property for the purpose of constructing private golf tees and greens. 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 June 18,2001,at which time all persons desiring to be heard � concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File#01-2685. 2. The property is located in the LR-1B Zoning District, where 1 acre is the minimum required lot area. The property consists of approximately 6.843 acres or 298,065 s.f. 3. The Orono Planning Commission reviewed this application on June 18, 2001 and recommended approval by a vote of 7 to 0. • Page 1 of 5 ( / O • � � . O O ��b. - CITY of ORONO � � �,� G'ti RESOLUTION OF THE CITY COUNCIL - ��kESH.�4L�' . NO. � � `� `� �_ 4. The Planning Commission made the following findings of fact: A. Fill will be brought from construction of the road for "Wildhurst Woods", an adjacent subdivision. No fill will be brought from off site. B. The fill and grading will not impact drainage onto the"Wildhurst Woods"site or existing drainage patterns. C. The proposed construction will not interfere with on-site septic systems. 5. The City Council finds that granting a conditional us permit 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 City Staff, comments by the applicant and the effect of the proposed conditional use permit 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 grants a conditional use permit per Municipal Zoning Code Section 10.03,Subdivision 19 to permit in excess of 500 cubic yards of fill to be brought onto subject property for the purpose of . constructing golf tees and greens. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Silt fence shall be in place prior to fill or grading activities. Applicants and their . Page 2 of 5 � J�__ � O� . • O O ��6. - CITY of ORONO � � �,� L'�� RESOLUTION OF THE CITY COUNCIL ��9.kESHp4��' NO. � � � � �_ contractors shall follow the "Best Management Practices for Protection of Water Quality in Urban Areas." 3. Authorities granted by this resolution run with the property not with the applicants, 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 the special conditions of this resolution will expire on that date (July 23, 2002). 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 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 City Council on this 23rd day of July, 2001. ATTEST: ��.�,� r/� Linda S. Vee, City Clerk Barbara A. Peterson; Mayor � � , ' perty Owner(s) � �j q a��i STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of July, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � �� . RACHEL DODGE NOTARY PI�LIC-A�tNI�^OTA � .;�:� �M��.a�,� Notary Public Page 3 of 5 . �_-_ � O� • O O ��D - CITY of ORONO � � �� G'ti RESOLUTION OF THE CITY COUNCIL ��kESH04��' NO. � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /� • day of � , 2001, before me a Notary Public within and for said County,personally appeared _�ohn M• C'ul�ifc�r� . .�tarN�d 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 eed. DENISE M.LESKINEN WOTARypUBt,IC.M�SOTA . Notary Public My Cammbtlon E�ires Jan.31,2006 STATE OF MINNESOTA ) , > SS. COUNTY OF HENNEPIN ) On this /q�' day of P_/v►62�' , ,before me a Notary Public within and for said County, personally appe �� . �/�e� , ,via�r;e� known to me to be the person(s) describe ' who executed the foregoing instrument, and acknowledged that he (they) executed the e 's (their) free act and deed. Notary Pu 'c D�NIS LESKINEN �p�y �fA MY Comm�On 31,2� • Page 4 of 5 4 � /�_ �� O O ��b. - CITY of ORONO � ti � ��' RESOLUTION OF THE CITY COUNCIL ��SHO�'� NO. � �P "r � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this ,�.�r' day of 5�,�°��.e�r b e ci ,200 � before me a Notary Public within and for said county, personally appeared ; n c(.r L, �'u 11 �•to� , a(S� (tw o w� a s e,`n d�t `� known to me to be the person(s) described in an who executed the foregoing instrument,and 1-I�'l 1 g er acknowledged that he (they) executed the same as his (their) free act and deed. �h arn'ed � UNDA S.VEE (�G�� ,1J` U.-2n� '• n� Norutraustfc-MlNNESOTA Notary Public � AR�r coir�r�slon Expt�Ja,,.3t�2005 • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of � ,200_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 5 of 5 � ` " , ~ - . � � � � Exhibit A '' � �Pr,o�oseo creno�ric ��,�ri r•oR ' BRENSHELL DEVELOPI�IENT . � ON LOT 1, BLOCK 1, HE�THERCROFT . 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