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Home My WebLink AboutResolution 5879 , , l '7 8'S GG ��t �� °��, ��.,k�`�� Doc No T4717852 Certified, filed and/or recorded on 12/31/09 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Transfer Entered Jill L. Alverson, County Auditor and Treasurer 12/31/2009 12:00:00 PM Deputy 47 Pkg ID 594324 Hennepin County, Minnesota Doc Name: Resolution Jill L. Alverson Document Recording Fee $46.00 County Auditor and Treasurer pocument Total $46.00 Existing Certs New Certs 796704 This cover sheet is now a permanent part of the recorded document. �i�y� . � �� "�5� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR FLOODPLAIN REARRANGEMENT PER ORONO CODE SECTION 78-1116 FILE NO. 08-3370 4 � O� O � '�� - CITY of ORONO �a 1:�- � �� ,'�' RESOLUTION OF THE CITY COUNCIL L`�kEsKog'� rvo. 5 8 �� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR FLOODPL_4IN REARRANGEMENT PER ORONO CODE SECTION 78-1116 FILE NO. 08-3370 WHEREAS, Kevin T. Dulin and Barbara G. Dulin, husband and wife, (hereinafter "Owners") are the owners of the property located at 1785 Concordia Street within the City of Orono (hereinafter "City") and legally described as: Lots 9 and 10, Coffee's Addi�ion to Shadywood, Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the Property"); and WHER�AS, Owners, in order to construct a replacement residence, made application to the City for condifional use permit per Orono Code Section 78-ll16 to allow rearrangement of the floodplain on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Sta�utes and the Orono, Minnesota, City Code the Orono Planning Commission held a public hearing on August 18, 2008, at which tiines all persons desiring to be heard concernin�this application were given the opportunity to speak thereon. WHEREAS, on October 13, 2008, the Orono City Council adopted Resolution No. 577� �rai�ting tl�e conditional use permit as well as a hardcover variance. WHEREAS, the Owners have revised their plans to no lon�er require the hardcover ��ariance but while doing so the time allowed to activate tl�e coi�ditional use permit passed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was re��iewed as Zoning File #08-3370. 2. The Property is located in the LR-1C zoning district, where 0.5 acre is the minimum lot area and 100 feet is the rninimum lot width. The Property is approximately 0.94 acre in area and 131 feet in width. Page 1 of 3 � O� Q ,, O �a_ CITY of ORONO � � ,� � � :�:�� RESOLUTION OF THE CITY COUNCIL �L�kESH�4�� NO. _ 5 g ( �' 3. The plans submitted by the Owners and reviewed by the City Engineer demonstrate the proposed rearrangement of the floodplain will not decrease tl�e flood storaQe capacity of the property and will improve the drainage for the area. 4. The Minnehaha Creek Watershed District has issued a pezmit for the work. 5. There has been no change in the applicable codes or in the circumstances of the property since approval was first granted. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby extends until Ocfober 13, 2010 the time allowed to activate the conditional use pern�it granted by Resolution No. �77�. The conditional use pernlit is subject to the followin� conditions: l. Council approval is based on the grading plan submitted by the Owners attached to this Resolution as Exhibit A. Airy amendments to these plans may require further Plannin� Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the owners, but are pennissive onlv and inust be exercised by obtaining a buildin� permit for a new house before�October 13, 2010 or the conditional use pei-mit will expire on that date. 3. Violafion of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatical]y tenninate any authority granted herein, and shall be punishab]e as a misdemeanor. 4. The undersigned Ov,�lers l�ave read, understand and hereby agree to tl�e terms of this resolution and on behalf of their heirs, successors and assi�ns, hereby agree to the recording of this resolution in the chain of title of the property. Paae 2 of 3 � o� 0 0 �'��a- CITY of ORONO � � �� ` G~' RESOLUTION OF THE CITY COUNCIL t�kESH�4� NO. rL� % � This resolution supersedes Resolution No. �775. The variance granted in Resolution No. �775 is hereby revoked. Adopted by the Orono City Council on this 9th day of November, 2009. ATTEST: / :�� , c��. I�� 1,��__ I_in�'a S. Vee, City Cl�rk J nes M. White, Mayar ��' l,''/ `� � `�" �� _ 4 � i��[!�-+00�. � �r� Kevin T. Dulin Barbara G. Dulin STATE OF MINNESOTA COIJNTY OF HENNEPIN Thi� instrument was acknowled�ed before me this )D day of ��C�yK,�p�Y' , 2009 by Kevin T. Dulin, husband of Barbara G. Dulin. - - ;�.:��e�y:�::�-._ Q� � {'�RA G. SILUS ��i NC,�< ''�u,IC-MINNESOTA ' :,,� � „�; oires Jan.31,�13 �/j � Q � ,��.,• ,. -.: ��.�.�,�.�.� � ww Notary Public STATE OF MINNESOTA COUNTY OF HEI�,'NEPIN This instrument was acknowledged before me this l� day of �PG�n�,, 2009 by Barbara G. Dulin, wife of Kevin T. Dulin. _ �. -�; n� . ,��-�.� � BAR6ARA G. SILUS ��Q� �� NOTARY PUBLIC-MINNESOTA �';� �� My Commission Expires Jan.31,2013 jvOtal"V PubI1C '��',�' . Page 3 of 3 , , . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 9, 2009, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 16t" day of November , 2009. J � �. ��,�✓� � �' � City Clerk (seal) � :E' S ADDITION �' \ EXISTING /I I N N E T O N K A HOUSE i I Exhibit A _ IINNESOTA \ #1761 1 \ \ APPROVAL IS OF (931.4)' GRADING ONLY I \ + ............. N 89°5 ' 25#1 E /� I I �281.67 ..................... 5- • 931.21 l. / 87.89 106.0� \ �� (931.9)• 8" WHTE CEDARS''•. 51.50 \ `�crriycrri�,,� o �� i �� 0 77.54 64.74 930 "xPROPOSED SILT FENCE; " d- 18"- 932 3.5 �i,la a. •a,,, i 1 o167 � .;__ ,.. 23.5 I 1 °' S SPRUCE 5.172.1I 1 \ 1 931.4) - '� • 18.5 PROPOSED '� ' \ o .............--�---� \ SANITARY ,,� SEWER �I O � I IiiTK 1 1 / _- '� \ SERVICE c°v o rn \ 1\ / FROM CITY w DRIVEWAY I " / \ PLANS I I 18 CRMf50N MAPLE930.7) \ 21s \ 10 \ \ \ 24.11 I` PROPOSED GRADING-,_. " ' ' " COE TAKE RIDGE OUT\\ PROPOSED ... \ '�- SURVEY \ I \ 1 �p / \ n HOUSE / I I \ / LINE \ PORCH 1 /- s.o \ 1 I I 1 1 ' t 1... 929.4 ' �� \ # 1785 i SANITARY ! UTILITY EASEM NT (938•sj \ / I ( EWER CONTOUR~'" / (9 •5) ins 10"PER DOCUMENT \ / \ 10 3\ LINE \ NUMBER 85743 9 2.5 PROPO 7 COVERED '.... ri SEO 14" CR1wfSON !''1- ENTRY MAPLE I� `20' ASH_- 7.5 0 \� I N O / \ 75' ~-- 931.5 \ UTILI Y EASEMENT \ SETBACK/ POOL I \ i ;-PER OCUMENT \ /,.� / O LINE 28.s `NUMB 8574.32 h / 40xl5 ` i y051 / / / O �� . 933.5 933.5 I \ 1(J \ / \ 18" CR&ISON MAPLE / /o O 12" LOCUST \, \ I \ �\y 250' \ O 933.5 \l�` 1 9931.4 I 1 I 1 \ LINE BACK \ 93 -.3) , I \ 930 V ' 10 10 \ \ / 930.4�/0% 932 I \ II 931.5 ��`� I of DRAIN I 930.5 �� , I \ SPRUCE /y� TILE �--- 931.0 I II'I 1 1 8 + �' PROPOSED SILT F NCE 16 7.31 i MH / "J N 850361 4-Q _'__W �° I 45.0 1 I'irl n FIRE LANE ...... -- / - 931.5 8"x8" ELM 10" ASH �' 89.3 (930.8) ' _ - 5 (934.8) -� (933.5) (933.4) - --- �� ---------- �...•• h ` A(931.7) (933.2) - _ _ (933.1) FLOOR