The URL can be used to link to this page

Home My WebLink About#3762 - CUP - 1996 � °� 0 0 �b - C I TY of ORONO a � �� G'� � RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. `� '�' ��- A RESOLUTION GRA��ITING A CONDITIONAL USE PERMIT � � PER MITivICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 20 AND 21 FILE #2167 WHEREAS, Allen Schefers and Judy Schefers, (hereinafter "the applicants") are the owners of the property located at 2540 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as: Lot 2, Block 6, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the "property"); and `��REAS, the applicants have applied to the City of Orono for a conditional use permit to allow the importation of approximately 426 cubic yards of fill material in conjunction with the construction of a new residence, where a maximum importation of 100 cubic yards of fill is normally allowed per Municipal Zoning Code Section 10.03, Subdivisions 20 and 21. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application w�as revie��ed as Zoning File #2167. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 19, 1996 and recommended approval of the requested conditional use permit based upon the following findings: Page 1 of 5 ° � °� - 0 0 �.b: - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. 3 "� s � ' A) The need for fill in excess of 100 cubic yards is directly related to the required minimum floor elevations associated with adjacency to a floodplain, «�hich eliminated the possibility of excavating the necessary material from the site. B) The proposed grading plan will allow the construction of a driveway and garage located at the main floor level of the proposed residence structure. C) The proposed grading plan will allow for proper drainage away from the proposed residence. D) The proposed fill and grading will not be out of character with the surrounding neighborhood, but will provide a transition between the higher lot to the south and the lower lot to the north. 4. The City Council has considered this application includin; the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the effect of the proposed use on the health, safety, and welfare of the community. 5. The City Council finds that granting a conditional use permit to allow the importation of 426 cubic yards of fill 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 it 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. CO\TCLtiSIONS, ORDER AND CONDITIONS Based upon the findings, the Orono City Council hereby grants a conditional use permit per Municipal ZoninQ Code Section 10.03 Subdivisions 20 and 21 to permit the importation of approximately 426 cubic yards of fill material in conjunction with the construction of a new residence on the property, subject to the following conditions: Page 2 of 5 ' . � °� 0 0 �b- - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� N0. � "T 6 � 1. Applicants and their agents shall adhere to the land alteration provisions of Municipal Zoning Code Section 10.56, Subdivision 16(J), and such work shall adhere to the Best ManaQement Practices for Protecting Water Quality in Urban Areas. 2. Applicants and applicants' agents shall be responsible for unmediate cleanup of all materials spilled on City roads. 3. Applicants shall adhere to the site plan and grading plan by Coffin & Gronberg, Inc. dated 5/16/96 revised 8/14/96 revised 8/19/96. Any revisions of that grading plan and site plan will require further review by the City. 4. No other conditional use permit or variance approvals are granted with this resolution of approval. 5. Applicant shall obtain a land alteration permit from the City prior to commencing importation of fill. 6. 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. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree 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 September, 1996. ATT T: �• ,; � � L, ,� - ��!i'i;. �'L i'.- � � ;.i!/�4��it Cv oroth�r M.,Ha i ;%City C r Edward J. Callah�"" Jr. M or � � , , ,,�'� , �� __.. - . t.� Property Ow u r(s) �� Page 3 of 5 ' , . � O ' v O O ��. - C ITY of ORONO � � �� ,'� RESOLUTION OF THE CITY COUNCIL t�kESH�g'� NO. 3 '7 6 2 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of September, 1996, 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. � � / � -�.-� �--1�e�.tt� ��=�� r. ��"•. Notary Public �� LINDA S.VEE '{�+` �i" NOTARY PUBLIG�v11NNESOTA �: °��s'' HENNEPINCOUNTY ; "'"" My Commission Expires Jan.31,2000 le�<.'- Page 4 of 5 ` . . . � O� O O ab- � CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL L9kESH0�� NO. � � s � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this i�"� -�� da of >, � 199 �� b Y . �; �r :� i�-: r , , efore me a Notary Public within and for s�id County, personally appeared t,'1:=,; % , S, f; �f��= ; , ,; -. �,,i'�<.�/ 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. �`'�,,; ��;i� ,_�. ,�r� ,E�..- ��'• LINDA S.VEE Notary Public `� NOTARYPUBLIG��IINNESOTA "� l�^�' �`'{/.�� HENNEPIN CQUNTY �c \;�-::;� �; �- M��Commission Expires Jsn.31,2000 :._._ ��::_�'<.._"' �:,�-r- ..::.:= STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �` 7 �`� day of ��=��'��;;�:�;r,� , 199 �= , before me a Notary Public within and for said County, personally appeared �t,: i��v f�' Sc'/��,��, ;�7�r� �� l' known to me to be tlie person(s) described in and�ecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,: ; _ r .� ,i�,;, ��,I..�y.; /L�� _ '�--�� ,`"'• LINDA S.VEE � � NOTARY PUBLIC-MINNESOTA Notary Public , �I'...`�F i � ��;a��• HENNEPIN COUNTY M��Commission Ezpires Jan.31,2000 �' .7^^ Page 5 of 5