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HomeMy WebLinkAboutResolution 4131 6. . `i O � � ' • O O , ��b. - � C ITY of ORONO � ' ti � '�' RESOLUTION OF THE CITY COUNCIL ��`qlfE Hp4��'G � . � N O. 4 � � � � � s . . V�o e5�. � A RESOLUTION GRANTING C1li. � �� A CONDITIONAL USE PERMIT � � TO MUNICIPAL ZONING CODE � 6��' �\ - AND . �� S E C T I O N 1 0.0 3, S U B D I V I S I O N S 1 9 2 1 � �� 1� SECTION 10.55, SUBDIVISIONS 8-14 �� � FILE #2386 � �� WHEREAS, Katherine Colgrove, (hereinafter "the applicant") is the owner of the � property located at 4260 Sixth Avenue North, PID 31-118-23 12 0007 within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Sharon Hills, Hennepin County, Minnesota (hereinafter "property"); and . • � , �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 July 20, 1998, at which times all persons desiring to be � heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions 18-14 to permit land alteration as shown in Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2386. �. 2. The property is located in the RR-lA Zoning District, where 5 acres is the � minnnum lot area. 3. The Planning Commission reviewed this application on 7uly 20, 1998 and recommended approval on a vote of 6 to 0. • . Page 1 of 5 � f - � O ' . � � • O O �D_ � CITY of ORONO ,� � - . �� �'�' . RESOLUTION OF THE CITY COUNCIL �. . . L�kESH��� . . . . � N O. � 4 �. e`� 1 . . . 4. The Planning Commission made the following fmdings of fact: A. The proposed land alteration will not interfere with drainage patterns on adjacent property nor impact any wetlands. B. The proposed land azeas to be altered will be seeded with a mixture that provides natural vegetation compatible with the surrounding environs. 5. The City Council fmds that granting a conditional use pernut to permit land alteration 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 fmdings and � reconunendations 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. CONCLUSIONS, ORDER AND 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 19-21, and Section 10.55, Subdivisions 8-14 to permit land alteration as shown in Exhibit A, 'subject to the following conditions: 1. The construction company, Busse Construction, on behalf of the properry owner � . � will adhere to an erosion control plan and establish natural vegetation in the land alteration area. � 2. Applicant shall adhere to the construction plans as submitted. � 3. Before any dirt is hauled onto the properry, Busse Construction will provide information to City staff demonstrating that an alternate septic site exists on the properiy that will not be affected by the land alteration. � _ Page 2.of 5 � °� � � � • � . � � ��b. - CITY of ORONO � � � � �� �,'� . RESOWTION OF THE CITY COUNCIL . ��kESH04��' � . . . . �NO. � �. c� ,j � ' 4. Authorities granted by this resolution are permissive only and must be exercised by application for a building permit within one year of the date of Council approval or this conditional use permit will expire on that date (July 27, 1999). 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 herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. � Adopted by the Orono City Council on this 27th day of July, 1998. • ATTEST: . � � . . � � � � � Linda S. Vee, City Clerk Gabri Jabbour, Mayor Property Owner(s) • Page 3 of 5 � °� � � � � o 0 ��b. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��`9$E p4L�'G � . . . � . � N0. 4 �. � � . � . . . SH . � STAT NESOTA ) ) ss. . COUNTY OF HENNEPIN ) � The foregoing instrument was acl�owledged before me on this 27th day of July, 1998, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) � . � 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. Notary Public � STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) . 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. Notary Public • Page 4 of 5 . � � . . - � �. - - � ���b`� � . � . .� �. � . .� : . . =:�.�. - .�������( - � . . . . � y • j � . �Q�c.��"{�lJ`�—� - � 4 1 � . . 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