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Home My WebLink About#04-3042 Recorded Resolution 526941S36'i'3 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 2 6 9 A RESOLUTION GRANTING AN AFTER-THE-FACT CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-1286 FILE NO. 04-3042 SCANNED WHEREAS, Roger L. Rovick and Carol J. Rovick, husband and wife (hereinafter "the applicants") are the owners of the prope1iy located at 1625 Balm's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 9 , Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter the "prope1iy"); and WHEREAS, the applicant has made application to the City of Orono for an after-the-fact conditional use permit to Orono Mlmicipal Zoning Code Section 78- 1286 to allow 3,940 cubic yards of fill on the prope1iy in conjunction with the landscaping improvements for the new home where 1,650 cubic yards was approved with the building pern1it and 500 cubic yards requires approval of a conditional use pern1it. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Mi1mesota: FINDINGS 1. This application was reviewed as Zoning File #04-3042. 2. The property is located in the LR-lB, One Family Lakeshore Residential District which requires a minimum lot area of one (1) acre. The applicants' property is 1 .691 acres in area. 3. The Planning Commission reviewed this application at a public hearing held on October 19, 2004 and recommended approval of the after-the-fact conditional use permit based on the following findings : a . The site is large enough to support the amount of fill without drastically changing the character of the neighborhood. Metro Le ga l Services Inc. B.w ,i .Ql \J',1, .. wl Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. r :J b. The grading can be improved so as not to negatively impact adjacent neighbors. c. The impacts of the fill are only discemable from the road or street side rather than the lake side of the home. d. All other requirements of building height, hardcover, and lot coverage by strnctures are met. 4. The City Council has considered this application including the findings and recommendation of the Plmming Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed after-the-fact conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the after-the-fact conditional use pem1it would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; but is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact conditional use pem1it per Municipal Zoning Code Section 78- 1286 to allow 3,940 cubic yards of fill on the property in conjunction with the landscaping improvements for the new home where 1,650 cubic yards was approved with the building pen.nit and 500 cubic yards requires approval of a conditional use pem1it, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and aimotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in confom1ity with City codes will require further Plam1ing Commission and City Council review. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 . The site improvements shall also be subject to compliance with of the City Engineer comments contained in his letter dated November 30, 2004. 3. The site work shall be completed prior to December 31, 2004 . 4 . Upon completion of the site improvements an as-built survey shall be submitted for review against the approved plan. Upon approval of th e as-built survey the City shall issue a final Ce1iificate of Occupancy. 5. Authorities granted by this resolution nm with the prope1iy not with the applicants , but are pern1issive only and must be exercised by obtaining a building pern1it for the new construction within one year of the date of Council approval , or the after-the-fact conditional use pe1111it will expire on that date (December 13, 2005). 6. Violation of or non-compliance with any of the tem1s and conditions of this resolution shall constitute a violation of the zoning code, shall automatically tem1inate any authority granted herein, and shall b e punishable as a misdemeanor. 7. The undersigned applicants have read , understand and hereby agree to the tenns of this resolution and on behalf of the applicants and the applicants' 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 the 13 th day of December, 2004. ) I/ J .l ~ Barbara A. Peterson, Mayor Page 3 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 6 ~ · The foregoing instrument was acknowledged before me on this/21...t4 day of IJc C ~t11 b ( , 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ' /1 STATE OF MINNESOTA COUNTY OF HENNEPIN JACKIE YOUNG NOTARY PUBLIC -MINNESOTA My Comm ission Expires Jen. 31. 2005 izncl The foregoing instrument was acknowledged before me on this _ day of UJ_ ('.._Q.fY>~ 2004 by Linda S. Vee, City Clerk of the City of Orono , a Mi1111esota municipal corporation and said instrument was executed on behalf of the City. ~ sl .ti 52 H II ! 12 9 2 p,~--::. 'f /' ' RACHEL DODGE t ' ' I NOTARY PUBLIC-t-1.tt~~:ssoTA ~ ,..._ ./ My Commission Expires Jan. 31, 208S ) Notary Public .z-::oc: ~S:Sae:a: s s: a aa::a-ae,;ze· Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2 6 !:-) State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this 2J._ day of J:uY":L by Roger L. Rovick, husband of Carol J. Raviele DENISE M. LESKINEN NOTARY PUBLIC. MINNESOTA My Commission Expires Jan . 31, 2010 State of Minnesota ) ) ss. County of He1mepin ) ~ Notary Public ZC,0.5 ,.2Q.Q4 This instrument was acknowledged before me this &?~ay of V ~ 200.f by Carol J. Rovfok, wife of Roger L. Rovick .. BARBARA G. S\LU S_ l~I'·'~~~ • NOTARYPUBLIC -M. •"=-,,.) .~:,, My Commission Expires J.:.:i . ~ 1 • -_-.,., Page 5 of 5 / / / ,· I l! I _...../ prcp~i ""'' afiht Prinl Slgnm D:w:. EXHIBIT A • . --..... -_ a.-..o --.::;.:-,\ ---... • q~'l-----,-- ,.,~ --· ~ ----- --· --- ' \ ·-- ... ___ --- -- ' ' \ \ ' \ I ' ·'> \ ' \ \ \ Nof \ I \ ' ' I I ' \ ' \ \ 10 7-; ' ✓ '-. I J '· ·, ' Mote: As-built .survey vorl::. was comiteted by Gronberg $. Assoc1ate5, Inc. as per plans datec and 51qned 11123/04 ,nc!udrn-3 all revisions to date and 5hown e~.;iC::ly as per their drawings. DTA used all mformatron from G-ronbc::r-9 /. Assocr.;i::e:3-to generate 9rad1n<3 plans for submittal to City of Ororo ,;,)5 Rev1sed As-built drawings for Pillar Home~. Lot 9. Auditor::, 5ubd111s1on Mo. 345, Hennepin County, M1nnesot.~. ,, -1-:)~.14·\ I t,,;4 -. ·······-. ...___~,,,, c; / / EXHIBIT A1,. "" ~ ~ ""' v, ~ ~ 4153673 ) \ \O~~ OFflCE Of THE~ & C OF TITLES HENNEP1N COUNTY, Ml'NNESOT,