HomeMy WebLinkAboutResolution 3513 O 6535914
O .ry O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 3 r ,
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03. SUBDIVISIONS 19 A.ND 21
FILE #I985
WHEREAS, Bruce Bren of Bruce Bren Homes, (hereinafter "the applicant") has
an interest in the property located at 1000 Cox Farm Road within the City of Orono (hereinafter
"City") and legally described as:
Lot 8, Block 1, Shadowood Farm. Hennepin County, Minnesota (hereinafter "property")!-
and
property");and
WHEREAS, the applicant has applied to the City of Orono per Municipal Zoning
Code Section 10.03, Subdivisions 19 and 21 for a conditional use permit to permit the filling
of 300 cubic yards of fill to be used in the preparation of the building pad for a rear walkout
where the code would have allowed 100 cubic yards under the authority of a building permit.
NOW, THEREFOR , BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1985.
2. The property is located in the RRA B Rural Residential Zoning District requiring
2 acres of dry contiguous land. The property consists of 3+ acres o: land, 2 of
which are dry contiguous lard.
3. On November 21, 1994, the Orono Planning Commission reviewed the
application as proposed and recommended approval based on the following
findings:
A) The filling of the building site «ill have no negative impact upon the
existing, approved drainage plan for the subdivision of Sbadowood.
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B) Septic sites at the southwest corner of property will be protected by the
creation of a swale that will carry drainage away from septic areas and
eventually to the east.
C) Walkout design will not be unusual as some of the developed lake shore
lots have been developed with either full or partial walkouts.
D) Proposed improvement will have no negative impact on the property
values of the adjacent residence.
4. The City Council finds that granting a conditional use permit to allow the filling
of 300 cubic yards to prepare a building pad for a walkout design 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.
5. The City Council has considered this application including the findings and
recommendations 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, ORDER AND CONDITIONS
Based upoii orle iir ;i'i%r: of the iiuiiings noted abo:-, the Orono C .,y
hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions
19 and 21 to permit the filling of 300 cubic yards of fill for the purpose of preparing a building
pad, subject to the following conditions:
1. All grading and drainage improvements have been approved as shown on the
grading and drainage plan by Mark S. Gronberg of Coffin and Gronberg and
included in this resolution as page 5.
2. Authorities granted by this resolution run with the property not with the applicant
but are permissive only and must be exercised by application for a building
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permit within one year of the date of Council approval or this conditional use
permit will expire on that date (January 9, 1996).
3. 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.
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 9th day of January, 1995.
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q, r
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y r , City Clerk Edward J. Calla n, Jr., Mayor
Bruce Bren of Bruce Aren Homes
Property Owner(s)
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of January,
1995, by Edward J. 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.
JAMIE L.BOSMA
` NOTARY PUBLIC-MINNESOTA
•p%y9= HENNEPIN COUNTY �--
a M Commission Expires Jan.31,2000 Nota blic
Y
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Form 5005 ask Orono
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-O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this (� day of_ 0,, : a ate- 199 U , before me a Notary
Public within and for said County,p rs Wally appea d �._� , emstj
__
mn vt'i; *C :?l' to be the YP*C! i $) i�rriu"ira l: eX :�tl ` foFg: -kmrl—t erit, and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L.:BOSMA NOTARY PUBLITANotary C
HENNEPINMy Commission Ex ,2000
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this !day of 9199 , 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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Porn 5005 Disk Oram
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RESOLUTION 113 513
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Dorothy M. Hallin, 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 d othatsttie same is aCouncil
true andecorrect
ld on
January 9 , 1995 an
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 loth
,
day of January , 19 95
Y
orothy M. , City Clerk
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