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Home My WebLink AboutResolution 3623 J . ��7� ��' : - � . . ;y .. � O� � O ' O ' � n� - CITY of ORONO � � - '�' RESOLUTION OF THE CITY COUNCIL �� kESH04 NO. e� �A � `� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIOl`+T 19 . � FILE NO. 2041 � Wf�RE�9,S,,Phillip M.Otto(hereinafter the"applicant")is the owner of the property located at 4116 Highwood Road within the City of Orono (hereinafter "City") and legally described . as follows: refer to Exhibit A, attached (hereinafter "property"); and WI3EREAS,the applicant has applied to the City for a conditional use permit per • Municipal Zoning Code Section 10.03, Subdivision 19 to permit the excavation and filling of 200 cu�ic yards of earth within the property. These land alterations were not authorized under a building permit issued for new residential construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � � FINDINGS . .. 1. This application was reviewed as Zoning File#2041. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiruzg one acre or 43,560 s.f. in area. The property consists of 16,888 s.f. or .39 acres. 3. On July 17, 1995 and October 16, 1995,the Orono Planning Commission reviewed the application as amended and recommended approval based on the following findings: a. Final grading plan and drainage facilities as approved by the Cit��Engineer have been found to have no negative unpact upon the adjacent properties as � a result of the further excavation of the street yard and the placement of the additional fill to the side and rear yard of the residence. • Page 1 of 6 ,• �,� , � O� • O O b. � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL '�'�� G `�kEsKO� No. � � 2 3 b. The Public Works Director has reviewed the second curb cut at the southwest corner of the property and approved the location and use of a second curb cut fmding an improvement in safety based on the narrowness of Highwood Road and the number of dwelling units served by this substandard roadway. c. Land alterations will not involve or encroach the adjacent property to the • east. � d. The two-tiered interlocking block retaining wall located 4'from the west side lot line has been installed per the specifications of the manufacturer providing for the treatment of drainage to the rear of the walls. e. Proposed fill placed within the north yard of the property will not impact the stormwater facility installed to the east. • 4. The City Council finds that granting a conditional use permit to allow the excavation and filling of 200 cubic yards of soil within this properry 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 properiy values and that the proposed level of use of the properry will be in keeping with the intent and objectives of the Zoni.ng Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings�and reconunendations of the Planning Commission,reports by City staff, comments by the applicant and the effect of the proposed variance 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 pernut per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alterations as shown on the enclosed grading and drainage plan included as Page 6 �of this resolution, subject to the following conditions: • Page 2 of 6 . ,, �-; -� �_ . . � O " � . • O . O �b. - CITY of ORONO � � ti . - '�' RESOLUTION OF THE CITY COUNCIL �L�kE HOg'�G NO. e� 6 � � � . S 1. It sha11 be the responsibility of the applicant and owner to arrange for an inspection by the Orono City Engineer at the following stages of restoration: � a. Upon completion of all grading,this shall also include the island area in the street yard, before seed blanket is installed. � b. Upon completion of the seeding and final drainage improvements (downspout tie-ins to draintiles and trench drain). 2. Applicant is hereby advised that second curb cut approved by the City to provide safe ingress and egress from property shall not be used for the parking of vehicles or boats. 3. Violation of or non-compliance with any of the terms and conditions of this • resolution shall constitute a violation of the Zoning Code, sha11 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned owner has read,understood and hereby agrees to the terms of this � resolution and on behalf of himself,his 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 23rd day of October, 1995. A EST: � .�i�� orothy M. H i , City Clerk Edward J. Ca ahan, Jr., Mayor � Property Own ( ) , • • Page 3 of 6 � . , . � ,,, , �,�, . . � O� • O - O �b� � CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. s� s � � - STATE OF MINNESOTA ) ) ss. - COUNTY OF HENNEPIN ) � � The foregoing instrument was acknowledged before me on this 23rd day of October, 1995 by Edward J. Callahan,Jr. 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 r` �' NOTARY PUBLIC-MINNESOTA � ;••- •- ' HBJNEPIN COUNTY �,�•�•�� My Commission 6cpires Jan.31,2�100 r� �� Notary Public STATE OF MINNESOTA ) � ) . ss. COUNTY OF HENNEPIN ) • On this�1s-F day of 199�,before me a Notary Public vvithin and for said County,personally appeared��,rc v �tfo marr�c d 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 7' � NOTARY PUBUC-MINNESOTA /� •y,�� ' HENNEPINCOUNTY � �*-�:�� My Commission Expires Jan.31,2np0 � '� �o J � • , �e e�.—�-�`J .�._... ,�: � Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�„d day of 199 � ,before me a Notary Public within and for said County,personally appeared • � �• n,a r � � known to me to be the person(s) described in an who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. `_^.r_^..z-w m.�,�"'7 r . � � Notary Public MAY 1996 , .,� CAROLE�.HASEMAN �"..'� �:•' ��.'.�+:".'� :��' '�` ' NOTARYPUBItC-MINNESOTA Page 4 of 6 ' ••= :- HENNEPIN COUNTY '•.�•••'� My Commiss(on Expires Jan.31,2�00 . ._ ._ ..� . • . J:chi�i� = i hat part or Lot 38 , Hi ghwood , Lalce ,�ti �►ne_unka , descr i bed as fol lows : Commen� ing ai t h e ��orthedoutheas��rrl�y� 1 ��zsur� Lot ; thence Sou �h�.�esterly alor�g the 5 - 5aid lot a dis�a��ce ur °8 ' e� '_henc��dp � ( (,c�U� �etyi�ti °9 � ' ;.�e ��'�uef'=:� :�,� � �iu desc: r t bed ; � y peyr�ees a dis �aric:° �� 0 . 2 � r�o_ i.he'.IC� C'1Er � �C : i (id 1 2f� g0 d2ur°° s , tu said »� theas��rl � lir�e ; �n�nc:e Nor�hea5 �erly t� i r �J �h� Uia �.. ��1°('�Ui Ufl • C��` �� i n � u � �eg t rzn i ny , ccCO rd t rlS .. � li �' Of Uf recu!'C lfl i.(lA pi i ! C� Ui i.ilE' ;Z°y � scrar Ui IICj ° � t (1 d(IQ � �.; f' Shcd �OUf1LJ - ft�SO ' ;� tu��tauod , Lake ��It nn�t.u�i<a . � J 1 '•'�� i hat {�ar � � � Lot 4� , r he ;�orth- Sou �ht�es ��rly uP the 1 ine dra��rr� � r�m ar �'r �� 1� rr��easC°r' ly west2rly iine ur said ! �� , distanL �2 �� - r ;�e S�u�hNes� c:orner �� said loL , �o a �� i :it ori che � r•orn ' di 5taci� 12 � °e � iVurth - m�s � S�uChe�SC�rly line �r sdia l�t , :;1e � 1dt eas :�riy � r•vm sa i d S u uLh�•�es� corr��r , acc:ordina �� ther'eut ur� � i ie ur• ur ��ecord tr� the �� "r� tc� �r _�c �<<� t st rar o 'r � 1 C les in �n�i ; ur sa iC Cour� �.y . AL50 Lot 3° , N t g�'�+ood , Lak � ;�I : r�netorika ^ acc:�rd i nu �U che }� � � � there�j �n � ile or o � record i �� rne orrice or �� .�teyistrar �; iitles in aiid �or sdic; COUnL� . AL50 Lot a3 , Hiyhwo�d Lak2 �tinnei.��Ka - � .. Page 5 of 6 f �,n� t-� - y • � �4-�,, .�`- i� vG JUL=�I�-�;�� C��J�I l�,c� F'ni! 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