HomeMy WebLinkAboutResolution 3890 � „
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'�' RESOLUTION OF THE CITY COUNCIL
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, A RESOLUTION GRANTING
A C�NDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
S�CTION 10.03, SUBDIVISIONS 19 AND 20
FILE NO. 2226
WI�REAS, 7ohn and Susanne Koob (hereinafter the "applicants") are the owners
of the properry located at 3065 Jamestown Road within the City of Orono (hereinafter "City") and
. legally described as follows: '
Lot 5, Block 1, Liberty Acres, Hennepin County, Minnesota (hereinafter
the "property"); and
, . WHEREAS, the applicants have applied to the City for a conditional use permit
• per Municipal Code Section 10.03, Subdivisions 19 and 20�to permit the construction of a 350'
long berm 10' high to be located along their easterly property line where a conditional use permit
for fill is required. .
NOW, THE1tEFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS �
1. This application was reviewed as Zoning File #2226. �
� 2. The properry is located in the RR-1B Single Family Rural Residential Zoning
District requiring two acres in area. `
3. The Orono Planning Commission reviewed this application on Apri121, 1997 and
recommended unanimous approval of the proposed conditional use permit, based
upon the following unique fmdings:
a. The elevation of the property is located approximately 10' below the
adjacent school property. �
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b. The property is impacted by noise from the school's athletic fields.
� c. The proposed berm will not negatively impact drainage on the property or
adjacent properry.
d. The applicant has secured permission from the school to provide truck
access through the school property.
e. The City has received no comments from the property owners notified of
� the proposed berm.
4. The City Council finds that granting a conditional use permit to allow the
installation of a berm 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 property, 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.
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 and
20 to allow for the construction of a berm 350' in length and 10' in height to be located on the
easterly property line where no such activity is normally allowed. The above conditional use
permit is subject to the following conditions:
1. The berm shall be constructed at a 3:1 slope.
2. The berm shall be landscaped with grass and trees when completed and seeded
during construction to prevent erosion.
3. The applicant shall update City staff annually as to the progress of the berm
construction. The applicant will have 30 months to construct the berm from date
of fmal approval.
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4. Authorities granted by this resolution run with the property not with the owners,
but are pernussive only and must be exercised by application for a land alteration
� permit within one year of the date of Council's approval, or the special conditions
of this resolution will expire on that date (Apri128, 1998).
5. Violation of or non-compliaiice 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 applicants and property owners 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 28th day of April; 1997.
ATTEST:
�..
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� Dorothy M. a lin, City Clerk Gabriel abbour, Mayor
� .�(��-G�i'tn�-2� ``��—�Y�
� Pro e Owner(s)
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'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of April,
199 i by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
° "` CAROLE A HASEMAN -
� `V" r` NOTARY PUBLIC-MINNESOTA
• :'Q: �';� HENNEPIN COUNTY �
`�°••'� My Commission Expires Jan.31,2�00 �--������ "' - ��P����
Notary Public
STATE OF MINNESOTA )
) ss. .
� COUNTY OF HENNEPIN ) � .
� .
On this t�"h day of �, , 199� , before me a Notary Public
within and for said County, personally appeared.�,h h �,d h d. Sc��1 hh e /fon6� h�s h�ti�L�w�`�e
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.
•,,`�, CAROLE A.HASEMAN
NOTAAYPUBUC-MINNESOTA � �
',�3'p: HENNEPIN COUNTY �' �� �
-�� ' My Commission Expires Jan.31,2nOp + 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
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