The URL can be used to link to this page

Home My WebLink About#1970 Recorded Resolution 3486CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 8 (~ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 21 FILE NO. 1970 WHEREAS, Scott .Micheal Wold (hereinafter the "applicant") has an interest in the property located at 3026 Casco Point Road within the City of Orono (hereinafter "City") and legally ~escribed as: ,, Lot 2, Block 1, Kelly Second Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit to permit fillit1g and grading activities not authorized under the normal fiiing and grading activities allowed with a· building permit for new residential constmction per Municipal Zoning Code Section 10.03, Subdivision 21. Np\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Fil'{DINGS 1. This application was reviewed as Zoning File #1970. 2. The property is located in the LR-lC Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. The property consists of approximately 26,771 s.f. 3. On October 17, 1994, the Orono Planning Commission reviewed the application as proposed and recommended approval of an amended plan involving the temporary stockpiling of approximately 450 cubic yards of material to be excavated beneath the proposed house pad. Based on the recommendations of the City Engineer, Shawn Gustafson, the approved amended grading plan as shown on Page 5 of this resolution provides for a swale to the lakeside of the proposed residence that will maintain positive drainage for both the proposed new residence and the existing residence on Lot 1, Block 1, Kelly Second Addition. Page 1 of 5 4. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 8 6 The Council finds that granting a conditional use permit to allow grading as proposed in the approved amended plan involving Lots 1 and 2, Block 1; Kelly Second Addition 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. The City Council has considered this application including the findings and recommendations 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 permit per Municipal Zoning Code Section 10.03, Subdivision 21 to permit filling and grading activities on Lot 2, Block 1, Kelly Second Addition that are not authorized under a building permit for new construction. This approval is subject to the following conditions: 1. All grading and proposed erosion control for this improvement have been based on the grading and drainage plans attached to this resolution as Page 5. Erosion control shall be maintained as shown on this grading plan and as required by the City staff or City Engineer throughout duration of the building project and until natural groundcover is restored to all disturbed areas. The City asks that special care be given to the erosion control provided and maintained adjacent to temporary stockpile area of excavated material in order to ensure drainageway along east lot line of Lot 2 is protected. 2. Owners of Lots 1 and 2, Block 1, Kelly Second Addition shall jointly apply for a land alteration permit to be obtained before final grading can begin. 3. Applicant shall grant a 10' wide drainage easement over drainageway in lakeshore yard. Page 2 oCS 4. 5. ... 6. 7. ATTEST: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 8 (1 The City Engineer in his report of October 5, 1994 advises applicant of his concern with boring information from soil boring #2 in a report by Advance Surveying & Engineering. Organic clays of this type are compressible and subject to settlement when used for foundations. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit (general permit) with the City within one year of the date of Council approval or the special conditions of this resolution will expire on that date (October 24, 1995) . 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. The unde_rsigned 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 24th day of October, 1994. Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. $ if~ f: '._-; The foregoing instrument was acknowledged before me on this 24th day of October, 1994 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 ,' .,.,,,,_. -. NOTARY PUBLIC. MINNESOTA ,>f,J1, HENNEPIN COUNTY .. ' --:~ My cc,,,1 ,,,i!;slon expires B-12-96 . ~~--,.,~~~-_., .... ---..,.~ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 1:/:!l day of JJ e cf [}I V-r r-, 199 t/ , before me a Notary Public within and for said County, personally appeared 5co H /}/ ic,/, '° t<. ( e,._ 't I cl 1 ,;; /11:1 /c known to me to be the person(s) described in and who executed the foregoing ins1rument, and acknowledged that he (they) executed the same as his (their) free act and deed. j) .:' . / LINDA s. VEE O 1 7¥1 !. ~l~~v J/. /<~-.,~-> NOTARY PUBLIC • MINNESOTA. : Notary Publ1'c HE.NNEPIN COUNTY · My comrr,lsslon expires 8-12-96 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 5 01,d~ cl")ong~ by the City Engineer, Building Dept., developer ond owner. Proposed grades and house location which ore approved by the City ore final. NOTE: A REVISED SURVEYOR'S JV 1-w w LL 0 t') II I u z w _J <{ u (/) CERTIFICATE WILL BE PREPARED AFTER THE SOIL CORRECTIONS TO THE LOT HAS TAKEN PLACE. 1 ,3 48 6 That port of Lot 2, Block I, KELLY 2ND ADDITION, according to the recorded plot thereof, Hennepin County, Minnesota, lying 5.00 feet on each side of o centerline described os commencing at the most westerly corner of said Lot 2; thence northeasterly, along the northwest line of said Lot 2, o distance of I 00.00 feet; thence easterly deflecting to the right 60 degrees 22 minutes 32 seconds a distance of I 02. 48 feet to the easterly line of said Lot 2 and said centerline there terminating. The sidelines of said easement ore prolonged :::.---~, or shortened to terminate ot said north- ----: westerly and easterly lines of Lot 2. \:S60°03'04"W ----42 19 ~ SILT £ENCE-· ------ We hereby certify that this is a true and correct represen lotion of a survey of the boundaries of the land above described ond of the location of all buildings, if any, from or on said land. Doted this 29th day of August , 1994 'I . §unde Land §u.rveylna Inc. 900 I E. Bloomington Freeway (35W) Bloomin,;iton, MN 55420 SUNDE LAND SURVEYING, INC. B ~ I.',. ~ Y.-----------------------------Edword H. Sunde, R.L.S. Minn. Reg. No. 86 I 2 (612) 881-2455 REVISED: October 20, 1994 --Update per city Page 5 of 5 -.. -~ ''.;!;{f '.: ···/::· :.'. . .' STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 4 8 6 , I, Dorothy M. Hallin, . City Clerk of the City of Orono, Hennepin County, Minnesota, •do he.reby 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 October 2 4 , 19 -2.1_, 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 26th ------- day of October , 19~ (SEAL) -::) 2576732 REGlSTERED VOl _l__l l ~ .. FFICE OF THE ~~TM, C.f Tili..a Hll\lN~}'1N crxmrr. ~ C;::;H IFi[C Fil~D ON DEC 2 0 1994 /{) /Im. lf.!i.-t:~ ... _ WRIIII ~y ______ Ml"IJTY' /l!lefvo l() af S'll-A'c.es f!.8 .I,._ • ,,;