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Home My WebLink AboutResolution 4085 � • ti. � � O� . � • O O � �b. -� CITY of ORONO � � '� RESOLUTION OF THE CITY COUNCIL .�L�kE Kp4�'G ' . � . � � NO: . � . � � � � .-� . :� . . S . A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19-21 AND SECTION 10.55, SUBDIVISIONS 8-14 FILE NO. 2374 WHEREAS, Larry W. and Jan A. McCartney (hereinafter the "applicants") are � owners of the property located at 755 Hunt Farm Road within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, Huntington Farm, 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�May 18, 1998, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the Cifiy for a conditional use permit to Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions ' 8-14 to perxnit the construction of berm with 5,000 cubic yards of fill to be located in the east side yazd of the subject properry parallel to County Road 6 and connecting to an existing berm on the southerly adjacent property. — - NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � ' . . . FINDINGS � � . 1. This application was reviewed as Zoning File #2374. � 2. The property is located in the RR-lA Zoning District, One Family Rural Residential District, where 5 acres is the minimum lot azea. , 3. The Orono.Planning Commission reviewed this application on May 18, 1998 and recommended approval on a vote of 5 to 0. �- Page 1 of 5 , . � O� � • • O O � . �b. - CITY of �ORONO � ti '� RESOLUTION OF THE CITY COUNCIL . � ��kE Hp4�'G . . � . � NO. � -' e�► � ` . S , . 4. The Planning Commission made the following fmdings of fact: A. The proposed berm will screen the residence from vehicular traffic on County Road 6. B. The proposed berm will not interfere with drainage patterns, wetlands or on-site septic systems. 5. The City Council fmds that granting a conditional use 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 applicants 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, Subdivisions 19-21 and Section 10.55, Subdivisions 8-14 to permit the construction of a berm requiruig 5,000 cubic yazds of fill on the subject property to be located in the east side yard parallel to County Road 6. Approval was subject to the following conditions: � �1. An erosion control plan �including revegetation has been �established in � , conjunction with improvements to County Road 6. 2. Applicants shall adhere to the construction plans submitted with this application. 3. Authorities granted by this resolutidn run with the property not with the owners 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 (May 26, 1999). i Page 2 of 5 . . . , . . . � � � O� • O O . �b. - C ITY of ORON4 � � � �� '� RESOLUTION OF THE CITY COUNCIL ��kESH�S�`� � . . � � NQ. �� Q�� . � . . 8. . Violation of or non-compliance witli 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. 9. 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 26th day of May;1 g98. i�y ATTEST: � • . �� ,� U�/ . . � Linda S. Vee,� City Clerk Gabriel abbour, Mayor � �� Property O er(s) � STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this 26th day of May, 1998 by Gabriel Jabbour 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. � ' • ��'�� N ta Public NOTAAY PUBLIC-MNVNESOTA H�N�1 COiN+1TY �b�6�s,l�t 91.2000 • Page 3 of 5 , �• . . . , . , � � . . . � O ' v . . � O O . �e. - CITY of ORONO . � ti _ '� RESOLUTION OF THE CI�Y COUNCiL � G . � • � ��kESH�4� . . . � �NO. � � � . � � . . . STATE OF MINNESOTA ) ) ss. COUNTY_OF HENNEPIN ) . . . On this�day of 199�before me a Notary Public within and for said county, personally appeare d C known to me to be the person(s) described in d who cuted the foregoing ins ent, and acknowledged that he (they) executed the same as his (their) free act and deed. ��- ` � �-:_;.:;:::��::.�� G�vLC.t,e.J �Y TX�� JAMIE L.GEMAR :'�' "` � NOTARY PUBUC-MINNESOTA' . .-�....: ,' NENNEPIN CQUNTY NO � Y PUBLIC •,�•�•• My Canmission ExPires Jan.31,2000 • . 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 . c .�^—� •1--t. _ , ,, r . . �EX�IPIT �/k Parcel No. 35 (CSAH No. 6, Project No. 9444) Abstract Property PID No. 31-118-23-22-0008 � A permanent easement for highway purposes over all that part�of Lot 1, Block 2, � MCCULLEY FARM, according to the duly recorded plat thereof, which lies northeasterly of �. a line drawn parallei with and distant 44.62 feet (13.600 meters) southwesterly of the � following described line: � � �Commencing at�the soutHeast corner of the Northwest Quarter of the Northwest. , � Quarter of Section 31, Township 118, Range 23; thence run north along the east line of said Northwest Quarter of the Northwest Quarter on an assumed bearing of North 0 degrees 10 minutes.45 seconds West for a distance of 328.51 feet (100.132 meters); thence North 61 degrees 52 minutes 24 seconds West for 492.54 feet (150.127 meters) to the actual point of beginning of the line being described; thence deflect right along a tangential curve, concave to the northeast having a radius of 1427.17 feet (435.000 meters) and a central angle of 11 degrees 51 minutes 02 seconds for a distance of 295.1 S feet (89.972 meters) and said line � there terminating. - � - . ' � Also a temporary easement for construction purposes over all that part of Lot 1, Block 2, MCCULLEY FARM, according to the duly recorded plat thereof, described as follows: Commencing at the most northerly corner of said Lot 1; thence run southeasterly , along the northeasterly line thereof for a distance of 81.09 feet (24.715 meters) to the actual point of beginning; thence South 37. degrees 41 minutes 36 seconds , West for 6.53 feet (1.990 meters); thence South 56 degrees 18 minutes 53 : w. � seconds East for 180.32_feet (54.961 meters); thence South 32 degrees 30� s minutes 14 seconds East for 36.05 feet (10.987 meters); thence South 18 degrees t 20 minutes 40 seconds West fo� 34.15 feet (10.409 meters); thence South 6 . degrees 27 minutes 50 seconds East to the southeasterly line of said Lot 1; thence �. northeasterly along said southeasterly line to the northeast corner of said Lot 1; � thence northwesterly along the northeasterly line of said Lot 1 to the point of ' � beginning. � `t. � .. Said temporary construction easement to expire July 31, 1999. : Names of parties interested in said land and nature of interest. Name Nature of Interest �'�r, . . . . -- - _ �;� � � Gregory T. Karlen Fee� Myra J. Karlen � Fee �;� � Norwest Mortgage, N.A. Mortgagee �� - Norwest Bank, Minnesota, N.A. Mortgagee ' Long Island Savings Bank, F.S.B. Mortgagee � City of Orono � Assessments - , County of Hennepin Tax Lien ��.�, . � �� :�. :��-�:.; �-�-�� :d �1,,� `,, ::.� 'r ,� F.j . k�~'t "; � , ,IJ S{1 � �'Q: L ' j�r �.�' �' f•�p��rt,•'••';.� . . r �\.....�a' 1`4� �