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Home My WebLink About#03-2939 Resolution 5049 - Doc No 83271721111111111 1111111 Doc No 8327172 04/07/2004 01 :02 PM Certified filed and orrecorded on above date: Office ofJMe County Recorder HennJ?f-)in County, Minnesota Michap(H. Cunniff, County Recorder Deputy 2 TranslD 18754 $21.00 Total .• r CITY of ORONO RESOLUTION OF THE CITY COUNCIL 50 4 1 \) NO. ______ _ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-567 FILE NO. 03-2939 WHEREAS, Peter A. Thorkelson, a single person, (hereinafter "the applicant") is the owner of the property located at 440 Big Island within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Scriver' s Subdivision of Lot E Morse Island Park and Lot 6 and the South Half of Lot 7, Morse Island Park Second Addition, Hennepin County, Minnesota (hereinafter the "property"); arid "\,VHEREAS, the applicant has made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-567 to allow private sewer improvements through platted public right-of-way. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Metro Le ga l Services Inc. FINDINGS Box 491 1. This application was reviewed as Zoning File #03-2939. 2 . The property is located in the RS, Seasonal Recreation Zoning District. 3. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the conditional use permit based on the following findings: a. The applicant's property is a non-contiguous lot separated by platted public right-of-way. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No /ti) . b. Due to limited space on the parcel where the home is situated and in order to serve the property with private sewer the drainfield must be located on the inland property. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, 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 Orono Municipal Zoning Code Section 78-567 to allow construction of a private sewer line through platted public right-of-way, subject to the following conditions: 1. Council approval is based on the plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits A and B. Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The applicant acknowledges that placement of septic system connection pipes within the right-of-way is at their own risk. The system should be constructed so as to minimize the possibility of damage by vehicular traffic on the right-of-way. 3. Applicant shall, prior to placement of improvements within the right-of-way, execute a hold harmless agreement which releases, indemnifies and holds harmless the City and the public from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or their invitees. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for. the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (September 22, 2004). Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs , successors · and assigns , hereby agrees to the recording of this resolution in the chain of title of the property. Barbara A. Peterson, Mayor Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO . RESOLUTION OF THE CITY COUNCIL NO. ,5 0 4 9 r,,1,fl °d-' The foregoing instrument was acknowledged before me on this .:2~d day of ··" September, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ~.i RACHE L DODGE 1 NOTARY PUBLI C· MiNl~l:-OTA 0 . My Commiss ion Expires J,m . '.ll , 20n r, ~l ,:··· .. -. .;;:~,t;~~~~~~-~~ ... ~-i•• STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public . ff' The foregoing instrument was acknowledged before me on this ~ day of ~' 2003 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. Notary Public Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO . 5 0 4, 9 State of Minnesota ) ) ss . County of Hennepin ) J._J , This instrument was acknowled g ed before me this J__ day of Q"Uh R.t , 2003 by Peter A. Thorkelson, a single person. DENIS E M. LESKIN EN NOTARY PUBLIC -MINNES OTA My Commiss ion Expires J~n. 31 , 20C5 '. ~ ary Public ' Page 5 of 5 00 fl-! oi2-' 1rsrti:t' plt V 1 REBAR O .)4 [est of lrue corner -< ('-_) " "' N 86'38' 17" £ __ ,50.13-- N line of S 1/2 o( Lo\ 7 -..._ _I FOUND EXISTING REBAR \ 'v -----C--21 .--·--- ---------7 \ "' I \ ~~ C: ~ __ 23 72 ~~ ------· .. ·-o, z I I I f'!') 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