HomeMy WebLinkAboutResolution 3593 \ � .
� O�
• O O
� b. - CITY of ORONO
� ti
��� ��'�' RESOWTION O� ���TY COUNCIL
�kESH�4 NO. !
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDNdSIONS 19 & 21(2)
- FILE #2054
WI�REAS, Tony Eiden of the Tony Eiden Company, (hereinafter "th�
� applicant ) has an interest in the property located at 2700 Countryside Drive West within the
��
City of Orono (hereinaftez "City") and legally described as:�
Lot 4, Block 2, Old Crystal Bay Road Addition, Hennepin County, Minnesota
(hereinafter "property"); and
WIiEREAS, the applicant has applied to the City of Orono for a conditional use
• permit to perniit the filling of 600 cubic yards on an undeveloped lot per Municipal Zoning Code
Section 10.03; Subdivisions 19 and 21(2).
NOW, TI�[EREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #2054.
2. The property is located in the RR-1B Rural Residential Zoning District requir.ing
2 acres of dry contiguous land. The property consists of 2+ acres. .33 acres of
which consists of a Type 1 �vetland, not classified as a designated wetland of the
City of Orono.
3. On August 21, 1995, the Orono Planning Commission reviewed the application -
� and recommended approval of the application as proposed based upon the
' following findings: � •
A) The proposed filling will have no unpact on the adjacent properties nor on
the approved drainage plan for the Old Crystal Bay Road subdivision.
• Page 1 of 4
_ ,,
� O�
• O O
b. - CITY of ORONO
� ti .
'�' RESOLUTION OF THE CITY COUNCIL
���kE o��G No. 3 5 9 3 _
sx
B) This type of filling would have been approved by the City at the tune of
the subdivision review of the Old Crystal Bay Road Addition had the land
alterations been shown and approved on the final grading plan.
C) The majority of drainage from this building site will drain to the wetlands
to the northwest and will have no negative impact on the wetland.
4. The City Council finds that granting a conditional use permit to allow the �lling
of 600 cubic yards will not be detrimental to the health, safety or general welfare
of the publ?c; 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.
5. The City Council has considered this application including the findings 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, ORI�ER 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 and 21(2) to permit the filling of 600 cubic yards on the undeveloped residential lot located
at 2700 Countryside Drive West, based on the grading plans prepared by Mark S. Gronberg
dated July 27, 1995, Job #95-268. Approval is subject to the following conditions:
1. Erosion control shall be in place prior to any grading activities on this property.
Applicant shall be responsible for contacting the Orono building staff to confirm
that erosion control is in place before building permit can be issued by City.
2. Applicant to amend the above referenced grading plan by creating drainage swale
� along the south side of the driveway in order to protect the septic test sites to the
southeast of the property.
• Pa�e 2 of 4
, �
� O� .
• O O
�b - CITY of ORONO
� �
�ti
RESOLUTION OF THE CITY COUNCIL
��� �G 5 9 3 �
k'Esxo4`' No. 3
3. 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 (August 28, 1996).
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 appiicant has read, understood and'hereby agrees to the terms
of this resolution and on behalf of the Tony Eiden Company, its heirs, successors
and assigns, hereby agrees to the recording of this resolution in the chain of title
of the properry.
Adopted by the Orono City Council on this 28th day of August, 1995.
� AT ST: �
0 othy allin, City Clerk Edward J. llahan, Jr., May
roperty Owne .
STATE O MINNESOTA ) �
� 5S.
COUNTY OF HENNEPIN )
The foregoing instrument was acl:nowledged before me on this 28th day of
August, 1995, by Edward I. Callahan, Jr. and Dorothy M. Hallin, Mayor & City Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City. .
. �/��
�t LINDA S.VEE Notazy Public
`` ' NOTARY PUBLIC-MINNESOTA
� HENNEPIN COUNTY
• : .�_ :_ �
'�,�.••°� My Commission Expires Jan.31,2000
Pa�e 3 of 4
t
�, . . �v
� O�
• O ' O
�b. � CITY of ORONO
� . � .
�ti
��� �� RESOLUTION OF THE CITY COUNCI L
�kESH��' NO. `� � � 3
STATE OF MINNESOTA ) . ._
) ss.
COUNTY OF HENNEPIN )
On this �9� day of , 199 S before me a Notary
Public withiri and for said county,personally a eared �n�i o r,y �%c�/e v�
known to me to be the person(s) d scribed in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed. � �
� t�'.!"r�,. LINDA L. KIEL
�"'`}�.'#� � '
•• �;��•.t' Notary Publie Minnesota a � ' n
, ,,.:.. �
• My Commission Expires Jan. 31,2000 iwi�,
•.•rt�
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