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Home My WebLink About#3886 - CUP - 1997 , � �0 ��34�66 �' �' O O �b - � CITY o� ORONO � ti � �� '�' RESOLUTION OF THE CITY COUNCIL L�kESH04� NO. ._� � � � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISIONS S AND 12 FILE #2205 WHEREAS, Allen Schefers, (hereinafter "the applicant") is the owner of the property located at 2540 Casco Point Road within the City of Orono (hereinafter "City") and legally described as: Lot 2, Block 6, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit per Municipal Zoning Code Section 10.55, Subdivisions 8 and 12 to excavate in a wetland area to allow an existing wildlife pond to remain where a conditional use permit is required for excavation or fill. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2205. 2. The property is located in the LR-1C, One Family Lakeshore Residential ZoninJ District requiring 1/2 acre. The property is sewered. 3. On Apri121, 1997, the Orono Planning Commission reviewed the application as amended and recommended unanimous approval based on the following findings: A) The wildlife pond will improve drainage on the properry and adjacent � areas. TRANSFER ENT�R�D Page 1 of 5 �N��N T�AYG'1 S�VICaB �. Y 16 1997 NN. D�PtJTY 6 �► , � O� . O O ��e. - c iTY o� oRONo � � , �� '�' RESOLUTION OF THE CITY COUNCIL L�kESH�4� NO. e� � S � B) The wildlife pond encroaches into the 100' right-of-way for Casco Point Road but does not have an adverse impact on the roadway. C) The wildlife pond is located in a floodway and flood fringe district. D) The applicant has obtained a permit from the Minnehaha Creek Watershed District. - � 4. The City Council finds that granting a conditional use permit to allow a wildlife pond will not be detrimental to the health, safety or general �velfare 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 findin�s 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 r��re�;� grants a c�r:c�iti�^al Lse �e:-mit p�. T��ar��:�'I ZflP.in� C��P c�ct�ons 1Q.55, cubd:t��sior.s 8 and 12 to allow an existing wildlife pond in a wetland to remain where no such activity is normally allowed, subject to the following conditions: 1. The applicant shall grade the slopes around the pond to a 3:1 ratio or less. 2. The applicant shall maintain the pond in a manner that does not adversely unpact the right-of-way and roadway. 3. The applicant shall landscape the area around the pond with natural vegetation such as cattails and prairie grasses. Page 2 of 5 . a� � O� O O - �.b _- C ITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9$E Hp4�'� NO. e� � c`�. � S 4. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for an after-the-fact land alteration permit within six months of the date of Council approval or this conditional use permit will expire on that date (October 28, 1997). 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 teiminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 28th day of April, 1997. ATTES�' :` ;; v �r��7 �� '' 0 1.! � '. �� F{ '_T 1..1 � . � _�\ _ �i � Q.�othy..:N� a rn, City.Clerk Gabri 1 Jabbour, Ma or ., . ,^ _ F ' �.. , , � � r i f � _ , .�� .��L � �� r � Property � ner(s) � Page 3 of 5 .1 . r O I O O ��b- - CITY of OROND � � �� G�' RESOLUTION OF THE CITY COUNCIL �`�kEsxo4`'� ruo. 3 � � 6 �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foreQoina ir�trament was ac?c.*:owledged beforP me or. this 2Rth day of April, 1997, by Gabriel Jabbour 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. � :?� � � . rir_,�c.�-�J,,� l�"�"itic�� JAMIE L.BOSMA Notar Public �� NOTARY PUBLIC-MINNESOTA � Y � e,o-`.,;'� HENNEPINCOUNTY ", `""�°" h9 Commission y Ezpires Jan.31,2000 �`- <'.. ., ..•�::..�G. Page 4 of 5 . � s� � O� O O �-e- - C ITY of ORONO � � ti �� '�' RESOLUTION OF THE CITY COUNCIL �9kES H�g'� N O. s� � '� ,�'r�.'� . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of '(� � `, 199 '� , before me a Notary Public witlun and for said County, personally� peared � �.�, � ��/ e, :�� hh��-� known to me to be the person(s) described in and who exe ted the fo„egoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ''=�fy a��•�. JAMIE L.BOSMA ^`� NOTARY PUBUC-MINNESOTA � �;` .' HENNEPIN COUNTY ^.�• �ti��S-� �yrr�. �� f ,..•• h4y Comm�ssion Expires Jan.31,2000 NOt bI1C :%� ,�..:� - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �1 t h day of ►�-/,, , 199 '7 , before me a Notary Public --`. within and for said County, personally appeared j� �„ � . �;1�E'�.��r r >>,��r� r_�� 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,r r-�c � � - /„t �E-�'3�tic.�/� - Notarv Public �"' CAROLE A H " NOTAAYPUBLIC.M NMO A a- °�"�;•'� H�IdNEPIN COUNTY �Y Commissfon Exp;��an,31,2�00 Page 5 of 5 � , i% � . � �s � RES OLUTION � e3 � � � : ; , ,� _ _ : ` , .� � `��• STATE OF MINNESOTA ) � , COUNTY OF HENNEPIN ) ) CITY OF ORONO ) . I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, IViinnesota, do hereby certify that I have c ompared�afof su h resolution in the tMinut s�of the Council of the City of Orono with the on,inal reco proceedin�s of said Ciry Council at a 19 ee� and�that the same is a�ruel and corrz t A ril 28 ' -�-' copy of said resolution duly adopted by said City Council at said meetin�. In Witness Whereof, I have hereunto set my hand and seal this 7th � day of M , 19��• � ,,.. _. � �`'`'( • � - .;��``: .z�:.� _ �:; ='�t Dorothy allin, City Clerk � . ,: : >:� ,,r. . �- .. . �,,• � 4 �� ' ._.!^l.. ^ . � ; �S�L� . ,, - , ".�,.._ , �, HINSHAW & CULBERTSON PIPFR JAFFRAY TOWFR BELLEVQ.LE,ILI.INOIS SUiI'E 3200 FT.LAUDERDALE,FLORmA BLOOMINGTON,II.LINOIS 222 SOUTH NINTH STREEf IACKSONVII.LE,F[.ORIDA CHAhiPAIGN,II.LINOIS MINNEAPOLIS,MINNESOTA 55402 MiAMI,FLORIDA CHICAGO,Q.LINOIS TAMPA,FLORmA JOLIE7',ILI.INOIS 612333.3434 MUNS7ER,INDIANA LISLE,ILLINOIS ST.LOUIS,MISSOURI PEORIA,ILI.[NOIS APPLETON,WISCONSIN ROCKFORD,ILLINOIS BROOKFff1.D,WISCONSIN � SPRINGF[EI.D,Q.LINOIS 7'Q-EFAX:612.334.8888 LAKE GENEVA,WTSCONSiN WAUKEGAN,II.LINOIS MILWAUKEE.WISCONSiN June 18, 1997 WRI2IIt'S DQ2ECT DIAL NO. FQ.E NO. 295-0660 �— 3643-047 o �,n oF D ORONO ��d� _ City of Orono ATTN: Liz Van Zomeren JUN � $ 1�� 2750 Kelley Parkway , Crystal Bay, MN 55323 Re: Recorded Resolutions Dear Liz: Enclosed please find attested copies the following resolutions which have been recorded the Hennepin County Registrar of Title's office: 1. Resolution No. 3888 (Your File No. 2217) recorded May 16, 1997, as Document No. 2810770; and � 2. Resolution No. 3719 (Your File No. 2098) recorded May 1, 1997, as Document No. 2806744. I have also enclosed the following resolutions which have been recorded in the office of the Hennepin County Recorder: 1. Resolution No. 3886 (Your File No. 2205) recorded May 16, 1997, as Document No. 6734166; 2. Resolution No. 3887 (Your File No. 2214) recorded May 16, 1997, as Document No. 6734164; and 3. Resolution No. 3890 (Your File No. 2226) recorded May 16, 1997, as Document No. 6734167. 26�/r2140776 6/18/97 A PARTNFRSHIP INCLUDIYG PROFESSIONAL CORPORA770N5 A . City of Orono June 18, 1997 Page 2 Upon your receipt of these recorded resolutions, please do not hesitate to contact me if you have any questions. Very truly yours, � � Nancy L. Chadwick Legal Assistant Enclosure cc: Thomas J. Radio, Esq. 26722140776 6/18/97