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Home My WebLink AboutResolution 4084 ice--- - �O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESHD4�G / NO. 4084 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT / PER MUNICIPAL ZONING CODE Ll SECTION 10.03, SUBDIVISIONS 19-21 AND / SECTION 10.55, SUBDIVISIONS 8-14 FILE NO. 2374 WHEREAS, Gregory T. and Myra J. Karlen (hereinafter the "applicants") are owners of the property located at 630 Deborah Drive within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 2, McCulley 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 City for a conditional use permit to Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions 8-14 to permit the construction of a 6'-9' high berm approximately 265 ft. in length to be located along the north property line parallel to Watertown Road, as noted in Exhibit A as a permanent easement. 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 area. 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 4 O O . - CITY of ORONO RESOLUTION OF THE CITY COUNCIL �4kes,40 NO. 46R4 4. The Planning Commission made the following findings of fact: A. The proposed 6'-9' berm will screen the residential property from Watertown Road. B. The proposed berm will not interfere with drainage patterns, on-site septic systems, or wetlands. 5. The City Council finds 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 6'-9' berm approximately 265' in length, parallel to Watertown Road requiring 3,000 cubic yards of fill. Approval was subject to the following conditions: 1. The construction company, Busse Construction, on behalf of the property owners will adhere to an erosion control plan and revegetation of the berm. 2. Applicants shall adhere to the construction plans as submitted with the application. 3. Authorities granted by this resolution 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). Page 2 of 4 0 0 b CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 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 26th day of May, 1998. ATTEST: Linda S. Vee, City Clerk Gabriel Jabbour, Mayor Property Owner(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. Notary Public Page 3 of 4 % O Orb. O CITY of ORONO V$ ti RESOLUTION OF THE CITY COUNCIL NO. S 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 4 s , XH l�lT -A 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 parallel 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 295.18 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 seconds East for 180.32 feet (54.961 meters); thence South 32 degrees 30 A minutes 14 seconds East for 36.05 feet (10.987 meters); thence South 18 degrees f 20 minutes 40 seconds West for 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; A thence northwesterly along the northeasterly line of said Lot 1 to the point of beginning. s Said temporary construction easement to expire July 31, 1999. Names of parties interested in said land and nature of interest. Name Nature of Interest ' Gregory T. Karlen Fee �aaP 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 , -- RESOLUTION# 4084 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on May 26, 1998 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 30th day of May , 19 98 Linda S. Vee, City Clerk (SEAL)