The URL can be used to link to this page

Home My WebLink AboutResolution 3566 Y O O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL `qk "s 04' NO. 3 5 6 6 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #2007 WHEREAS, Tony Eiden of the Tony Eiden Company, (hereinafter "the applicant") is the owner of the property located at 2800 Countryside County Drive West within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 2, Old Crystal Bay Road Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit the filling and grading of a berm that exceeds 100 cubic yards of fill per Municipal Zoning Code Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2007. 4 ?. The property is located in the RR-1B, Rural Residential Zoning District requiring 2 acres in area. The subject property consists of 2 acres. 3. On May 15, 1995, the Orono Planning Commission reviewed the application as proposed and recommended approval of an amended application based on the following findings: A) Proposal will have no negative affect on the adjacent properties nor on the residential development within the Old Crystal Bay Road Addition. Page 1 of 5 r , 7 O O O CITYof ORONO G� RESOLUTION OF THE CITY COUNCIL SIi04� NO. 8566 B) The final approved drainage and grading plan will ensure that the residence on the property will not be subject to seasonal flooding. C. Major drainage will be directed away from the residential sites on Lots 1 and 2. Drainage will now flow within a defined drainage easement and conform with the comprehensive drainage plan approved for the Old Crystal Bay Road Addition plat. 4. The City Council finds that granting a conditional use permit to allow the installation of a berm and swale 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 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, Subdivision 19 to permit the installation of a berm and swale within the property subject to the following conditions: 1. All grading and drainage improvements shall be installed per approved plans included as Page 5 of this resolution. 2. Applicant and owner of Lots 1 and 2, Block 2, Old Crystal Bay Road Addition shall execute drainage easements providing a 10' drainage easement on either side of shared lot line. 3. Prior to applicant's contractor installing suitable ground cover upon completion of final grades, applicant shall contact City to arrange for a final inspection by the City Engineer to confirm that grades have been installed per approved plan. Page 2 of 5 O O 4 ^ CITYof ORONO G~ RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. 3566 4. Authorities granted by this resolution are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this conditional use permit will expire on that date (June 12, 1996). 5. 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. 6. 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 12th day of June, 1995. A ST: orothy H lin, City Clerk Edward J. Callah r., avor Property Owner :• RI INA A.LANGHANS STATE F INN OTA ) :�" ! OTAR UBLIC•MINNESOTA ss. x`'•: HEN PIN COUNTY COUNTY NNEPIN ) MY Comm. ires Jan.31,2000 e foregoing instrument ac ledged before me this 12t ay of June, 1995, by ward Callahan, Jr., Mayor orothy M. Hallin, Ci Clerk f the City of Orono, a innesot unicipal corporation aid instrument was execu Qn behalf of the City. Notary Pu is Page 3 of 5 O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �kES80�"� NO. 2566 off CHRISTINA A.LANGHANS PUBLIC- STATE OF MINNESOTA ) NOTARY HENNEPIN COUNTY MINNESOTa ) SS `�►... My Comm.Expires Jan.31,2000 COUNTY OF HENNEPIN ) On this c O 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 de . C1\("U') I fq-6tiary 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 M Page 4 of 5 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. .moi �'jZ_ 'C9kESKo,�� STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 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. LINDA S.VEE Nota Public ?` ti NOTARY PUBLIC MINNESOTA •` `�' HENNEPIN COUNTY s .•• «.. My Commission Expires Jan.31,2000 M F=SM Disk Orono 2566 Coutii ry SINA rn G pr C-n.. ,1 A e (� 6 m ' Y 1 Paae 5 nf 1; RESOLUTION #_ s 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 of said City Council held on June 12 , 19g&_,, 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 13th , day of Jun Dorothy M. Dfallin,City Clerk (SEAT-) REGISTERED VOLI1.1-1--PAGE icE OF 4 W V WE GI I RA! OF TITLES HENNEPIN COUNT. h"•NNESOTr CERTIFIED FILED ON `JUL 2 0 1.995 1 REGISTRAR OF TITLES 8Y DEPUUI �f (. al