HomeMy WebLinkAboutResolution 3486 O O CITY of ORONO
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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 described as:
F
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 filling and grading activities not authorized under the normal fiiing and grading
activities allowed with a building permit for new residential construction per Municipal 'Zoning
Code Section 10.03, Subdivision 21.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1970.
2. The property- is located in the LR-1C 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
O . O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3486
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4. 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.
�5. 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
pen-nit 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 of-5
O \ CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�r Gyti NO. 3486
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4. 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.
5. 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).
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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 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.
ATTEST:
D) rothy allin, City Clerk Edward J. all an, Jr., Mayor
Property ne (s)
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
ti
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
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
i NOTARY PUBUC- MINNESOTA
� HENNEPIN COUNTY i
pry c;;;�n:isslen expires 8-12-96
Mofik7 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 S o H = p
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 PUBUC- MINNESOTA
HENNEPIN COUNTY Notary Public
v My Commission expires 8-12-98
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me a Notary Public
within and for said County,personally appeared
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
olsd, change by the City Engineer,Bu-ilding Dept., developer and owner.
Proposed grodes and house location t7 4 8 6 ` c
which are approved by the City ore �`Vlv4i�111,
finalwOj � � /1 i�
�1EY LINE �tx '��� 9296 y/ ,j
NOTE: A REVISED SURVEYOR'S !�
CERTIFICATE WILL BE PREPARED ��T - 47•L �, "I AFTER THE SOIL CORRECTIONS 0 s 33.67
TO THE LOT HAS TAKEN PLACE. oLJ40�R�tK
LJ
f DRAINAGE & 'UTILITY \
OM �� EASEMENT 5`S / ^N
II
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_
UL.�J L I N
� h N
SILT FENCE "' 05
iiiS PROPOSED DRAINAGE f /5
Q EASEMENT I 3
a
EXIST. 933.7934 �' 60'22 32" LO i �N l /
2 STOR CO
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GAR. i��\ `� 0. FT.
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941.8 A� �'� ,n ` h o�6 Q�
933. 4.7) = ="t __
g -15.00
0 .7 I nT
(9 .7)
93 PROPOSED 10 FOOT DRAINAGE EASEMENT
PROPOSED HOUSE 1 That part of Lot 2, Block I, KELLY 2ND
d ( 3 � ) 934 7 �, d ADDITION, according to the recorded plat
9 p
O6° I - /9�A �/�// �!� ) thereof, Hennepin County, Minnesota, lying
e ti 5.00 feet on each side of a centerline
1936.9 93/ 3 described as commencing at the most
?� I westerly corner of said Lot 2; thence
940. \1 94 0) 9429 :o h northeasterly, along the northwest line of
„°p, said Lot 2, a distance of 100.00 feet;
0)�� TEM OR R % thence easterly deflecting to the right 60
RAIN ac LITY / degrees 22 minutes 32 seconds a distance
40 LE ENT REA 5 0 of 102.48 feet to the easterly line of said
V^^ t 5`•.q - .- Lot 2 and said centerline there terminating.
O \ 9 w 5�3'ai 1 The sidelines of said easement are prolonged
939.0 / /; or shortened to terminate at said north—
Q 8S i S60° westerly and easterly lines of Lot 2.
6 03'04"W
0� 13 0 .�Q�, SILT FEN-a' 42. 19 �
Ca � e 06'44,' i
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We hereby certify that this is a true and correct
representation of a survey of the boundaries of
the land above described and of the location of
all buildings, if any, from or on said land.
Dated this 29th day of August , 1994
SUNDE LAND SURVEYING, INC.
�mmnd� Land ��r��yimm� l[mmc.
9001 E. Bloomington Freeway (35W) Edward H. Sunde R.L.S. Minn. Reg. No. 8612
Bloomin ton, MN 55420 REVISED: October 20, 1994 -- Update per city
(612 881-2455 -
Page 5 of 5
RESOLUTION # 3486
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 meetingand that the same is aotrue1 and correct
ld on
October 24 1994 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 1994
4Han, City Clerk
(SEAL)
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