HomeMy WebLinkAboutResolution 2183 f+
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- Ci.t� o� ORONO
• + RESOLUTION OF THE CITY COUNCIL
� NO. 2183
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A RESOLIITION GRANTING
A CONDYTIONAL IISE PERMIT
PER MiINICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 19
FILE #1135
. WHEREAS, Robert Hanning, Jr. (hereinafter "the applicant") is the
owne� of the property located at 4220 Sixth Avenue North within the City of
Orono (hereinafter "City") and legally described as follows:
, .
Lot 1, Winters Plentywood, Hennepin County, Minnesota (hereinafter
"property"}; and
WHEREAS, the applicant has applied to the City of Orono for a
Conditional Use Permit to permit placement of fill to create a berm for
noise-barrier purposes to reduce the traffic noise to his residence from
County Road 6 per Municipal Zoning Code Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
'� Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1135.
2. The property is located in the RR-lA Single Family Rural
Residential Zoning District:
3. On April 20, 1987, the Orono Planning Commission reviewed the
application and voted 3-3 to recommend approval of the proposed berm
subject to no fill within 26' of the wetland, a maximum berm height of
6' above the crown of County Road 6, and slopes no steeper than 2:1.
4. The City Council reviewed this application on May 11, 1987 and
voted 3-2 to approve the proposed berm with a height averaging 11'
above the crown of County Road 6 and side slopes no steeper than 2:1,
finding that the Municipal Code gives the Council authority to
regulate the placement of fill via the conditional use permit
requirement, and finding that the 11' height of fill is necessary to
•: . � preserve the applicant's enjoyment of his property.
5. The City Council has considered this application including the •
findings and recommendations of the Planning Commission, reports by
staff and comments of the applicant and the effect of the proposed use
on the health, safety and welfare of the community.
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2183
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6. The City Council finds that granting a Conditional Use Permit to
allow fill to be placed to a height 11' above the crown of County Road
6 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.
CONCLIISIONS, 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 placement of fill, subject to the
following conditions:
1. Under the terms of this conditional use permit and per City Code,
work must begin on the project within one year of the date of this
approval, or this conditional use permit will expire.
• 2. Applicant shall provide a letter of credit as part of a
developer's agreement to be executed by applicant and the City prior
to issuance of the. grading and fill permit.
3. Applicant shall submit a revised final grading plan by applicant's
surveyor or an engineer prior to issuance of the grading permit.
4. Applicant or applicant's contractor shall obtain a grading and
fill permit prior to commencement of work on the site.
5. No filling or grading is allowed within 26' of the designated
wetland.
6. The average berm height sha 11 be no greater than 11' above the
crown of County Road 6.
7. Fini sh s lopes of the berm shall be 2:1 or f latter.
8. Erosion protection measures to prevent erosion of berm and to keep
sediments out of the wetland will be required during construction and
until vegetation is established.
9. Because of the approximately 14,000 cubic yards of fill required,
it is anticipated that his project may take an unusual ly long time to
. complete. Final grading, seeding, and mulching shall occur no later
than June l, 1989. Any portion of the project that reaches completion
prior to that date shall be finish graded, seeded, and mulched
immediately upon reaching final grade. Applicant shall be responsible
for calling for inspections by City staff upon completion of each
portion of the project.
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Clt� of ORONO
• RESOLUTION OF THE CITY COUNCIL
- � NO. 2183
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10. Applicant is advised to contact the MCWD and obtain any permit
that may be required by that agency prior to commencement of the
project.
11. Violation of or non-compliance with any of the terms and condi-
tions of this resolution shall constitute a violation of the zoning
:.,code, shall automatically terminate any authority granted herein, and
shal 1 be punishable as a misdemeanor.
12. 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 26th day of May, 1987.
ATT .
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�Do thy M alli , ity Clerk Jame R. Grabek, Mayor
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P operty Owner(s) �
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Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2183
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STATE OF MINNESOTA )
' ) ss.
CC9UNTY OF HENNEPIN )
. On this ��� day of �� , 198�
before me a Notar Public wi hin and for said county, personally
appeared �� S, �
known to me to be the person(s) descri ed in and who executed the `
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
• TM��4��E�7A
���N� NOTARY PUBLIC
�J ���
� MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
_ COUNTY OF HENNEPIN )
On this �C 5� day of �l.t��- , 198 /, before me
a otary Public within and for said County, personally appeared
� � �'/� known to me to be the
person(s) describ in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
- /�(,�C�i�
THERESA L. NAAB NOTARY PUBLIC
NOTARY RJBLIQ•MINNE30TA
• �HEN��N�2
������
• MY COMMISSION EXPIRES
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