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Home My WebLink AboutResolution 3360 - S: ��.•' . ' . . O . � �' CITY of ORONO � O :,, � � O . • � � � RESOLUTION OF THE CITY COUNCIL :� — �, � °3j, �.,�—�, , �ti . NO. c� e� � � � ^ b�,.. Y, �p, �� og�G � � E3�I � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE � � SECTION 10.03, SUBDIVISION 19 FILE #1886 WI�REAS, Robert L Melamed, (hereinafter "the applicant") is the owner of the property located at 1000 Old Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as: � � Lot 1, Block 1, French Lake at Orono; Hennepin County, Minnesota (hereinafter � "property"); and ' WHEREAS, the applicant has made application to the City of Orono per • Municipal Zoning Code Section 10.03, Subdivision 19 for a conditional use permit to permit the filling of approximately 1,800 cubic yards of clean fill. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1886. . 2. The property is located in the RR-1B Rural Residential Zoning District requiring � 2 acres in area. � 3. The property is approximately 4.4 acres in area. 4. The' Orono Planning Commission reviewed this application on November 15, 1993 and recommended unanimous approval of the application as proposed and - ' to allow the filling of approximately 1,800 cubic yards of fill per grading plans � submitted by Bruce W. Schmitt &� Associates, � P.A., Sheet No. A1 dated November 8, 1993. Based on the following findings: • Page 1 of 5 r«mwos oi�o�oM y � ��' � � I�Y of O O . O .. O C OR N • . ,, '�,m � � RESOLUTION OF THE CITY COUNCIL • ,�,� � .., �� NO. �i � � � � - � ti ti . ��9�' Og'�G . , ESii A. All land alterations will be located out of the .75' setback area of the adjacent natural environment lakes, French Lake South Basin at 930 elevation and Sewage Lagoon at 934.3 elevation. B. Proposed land alteration shall be located out of the 26' setback area measured from the edge of the wedand at the 931 elevation and the drainageway that intersects properry at the northwest corner. � C. The proposed land alteration will restore original grades at the north and western portions of property. � � ' S. The City Council fmds that granting a conditional use permit to allow the flling � of approximately 1,800 cubic yards 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. 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, Subdivision 19 to permit the filling of approximately 1,800 cubic yards on the residential property per approved grading plans prepared by Bruce W. Schmitt & Associates dated November 8, 1993, subject to the following conditions: . . 1. Prior to any land alterations on this property. Applicant shall install required erosion control as shown on approved grading plan.� Erosion controls shall remain in place until ground cover is restored. 2. Applicant shall arrange for a pre-construction meeting with Orono staff prior to the hauling of fill to the site. Applicant shall be responsible for the removal of any fill that may be accidentally placed on adjacent public roadway or on gravel . drive within Outlo't A that currently serves MWCC facility and residential property. � • Page 2 of 5 � Fam SWS Disk Omro � o� . O :. Q CITY of ORONO • � ?��=� RESOLUTION OF TI� CITY COUNCIL � c�� ••,3 ,y � � �4 �� , NO. e� e� � �D '��9� o4�G E$II 3. Authorities granted by this resolution run with the. properry and not with the owner but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (November 22, 1994). 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 applicant 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 22nd day of November, 1993. • A ST: � . � . Dor thy M. . all , City Clerk ward J. Cal an, Jr., May � ' erry Owner(s) . Page 3 of 5 ' . � Fam5005 Diskpwa - ' �.—.:.r.-T.-.---�++ ----------._......_..._.�__.___-�-,.�...-.-�.._.__....�..�...,��__._..�_.._.....__---•_-___.�........__,__._..r.T�._.....-,.�.�...,.--.-.,:-....._,.�-..r�...+.-.'-:--+^'---�-.e+�.� _ _ � °� � . � O :. O CITY of ORONO � `� �?ei=� � RESOLUTION OF THE CITY COUNCIL �1 ��. ,,� �+ . �,, � �. �,� ��, . N0. e� s�' � � . ��i' Og'�� • . EsH STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) - The foregoing instrument was acknowledged before me on this 22nd day of November, 1993, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . , � (.c� � (/�� - , . O�t�F�•'�31 , �, .;- ' LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY • � My commission explres&12�8 My Commission xpires • � Page 4 of 5 , Fam SU05 IXsN Oiom y Y • . . . „ . • . � O� O Q CITY of ORONO • � �,�:=� RESOLUTION OF THE CITY COUNCIL , � �. � ,, ,: 'Jy ,� � �i �� , � NO. � � � � '��`9�f Og'�G � E$�I STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) � On this /D � day of r a � , 199 Y before me a Notary Public within and for said county,personally appeare �/;Z�ib��h �� /�'�e�� m e�� Y�a r�^��t 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. � � : :,:�; .'r;�i''i :i. VI�l �//YIG� � �.�� . y .� rs�,r.= : :��;�� - amuNesorA NOTARY PUBLIC � �, �3,�=;.� t,.,;' ,�`,��.�°�l i.'�'!Ji�lTY � ��h/;' �,�:; �;t ;;;,�M Y8-12-98 . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � • On this �� day of �� , 199�before me a Notary Public within and for said county,personally appeared �d btr� G� /�7�e./cc�n2 0� � �Q��;ec� 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. LINDA S. VEE � �� NOTARY PUBLIC - MINNESOTA ` HENNEPIN COUNTY • � � v ` My commission expires &12-98 NO ARY PUBLIC '• Page 5 of 5 � ' FamS005IXskparo