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Home My WebLink About#5879-CUP-2009 i � �s �c �t.- �� t� �;,�� 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 Doc Name: Resolution Hennepin County, Minnesota 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. �,�,� • _` .� ,�' �-F� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR FLOODPLAIN REARRANGEMENT PER ORONO CODE SECTION 78-ll 16 FILE NO. 08-3370 , � o� 0 0 '�� CITY of ORONO a,_.- � � � '� �::�� ti RESOLUTION OF THE CITY COUNCIL �L`�kEs�IOg'�G N0. 5 8 ( �' A RESOLtiTION GRANTING A CONDITIONAL USE PERMIT FOR FLOODPLAIN 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 tl�e property located at 1785 Concordia Street within the City of Orono (hereinafter "City") aizd legally described as: Lots 9 and 10, Coffee's Addition 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 conditional use pernlit per Orono Code Section 78-1116 to allow rearrangement of the floodplain on the Yroperty; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code the Orono Planning Commission held a public hearing oi7 Au�ust 18, 2008, at which times all persons desiring to be heard concerning this application were given the opportunity to speak tl�ereon. WHEREAS, on October 13, 2008, the Orono City Council adopted Resolution No. 577� �rantin�the conditional use permit as well as a hardcover variance. WHEREAS, the Owners have revised their plans to no longer require the hardcover variance but while doing so the time allowed to activate the conditional use permit passed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS L This application was reviewed as Zoning File #08-3370. 2. The Property is located in the LR-1C zoning district, where 0.� acre is the minimum lot area and 100 feet is the n�inimum lot width. The Property is approximately 0.94 acre in area and 131 feet in width. Page 1 of 3 � o� 0 0 '��a- -, , CITY of ORONO ,� �_. � � ��:� � RESOLUTION OF THE CITY COUNCI� ��kESH04�G NO. 5 S ( �' 3. The plans subinitted by the Owners and reviev��ed by the City Engineer demonstrate the proposed rearranaement of the floodplain will not decrease the flood storage capacity of the property and will improve the drainage for the area. 4. The Minnehaha Creek Watershed District has issued a pernlit for the work. 5. There has been no cl�ange 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 October 13, 2010 the tiine allowed to activate the conditional use pennit granted by Resolution No. 577�. The conditional use pernlit is subjec�to the followin�conditions: l. Council approval is based on the grading plan subinitted by the Owners attached to this Resolution as E�hibit A. Any 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 tl�e owners, but are pennissive only and inust be exercised by obtaining a building permit for a new house before October 13, 2010 or the conditional use permit will expire on that date. 3. Violation of or non-compliance with any of the ternls and conditions of this resolution shall constitute a violation of the zoning code, shal] automatically terminate any authority �ranted herein, and shall be punishable as a misdemeanor. 4. The undersi�ned Owners have read, understand and hereby agree to tl�e terms of this resolution and on behalf of their heirs, successors and assigns, hereby agree to the recordin� of this resolution in the chain of title of the property. Pa�e 2 of 3 � o� 0 0 '��a_: CITY of ORONO � � � � l:'� ti � �' � '�' RESOLUTION OF THE CITY COUNCIL ��`9kESH�4�G NO. � R i � This resolution supersedes Resolution No. �775. The variance �ranted in Resolution No. �775 is hereby revoked. Adopted by the Orono City Council oi1 this 9th day of November, 2009. ATTEST: / /� �� J/� ��J ,��Z-��C`✓ � �(.�v`'`. /v� ' t/"' �._.._ Lin��?a S. Vee, City Cl�rk J iles M. White, Mayor �� < _ < ,�� ,� ��, Kevin T. Dulin Barbara G. Dulin STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acki�owledged before me this JD day of ��C�yK,�p�►�' , 2009 by Kevin T. Dulin, husband of Barbara G. Dulin. � _ � _ ."'.�'r,.=,.e„�,-:�,,;3.`eSe`��"'.e'.22 �� :,qc:r;,°�.,pAG. SILUS � "�;�rF� ' "�_IC-MiNNcSOTA ' :;,, '!�±� � , =pires Jan.31,�013 �/1 � d /� , „ �r;a�.. ..' - r.__ ..� lJl�l�(J 'u_��C Notary Public STATE OF MINNESOTA COLTI�TTY OF HENNEPIN This instrument was acknowledged before me this /� day of DPG��, ?009 by Barbara G. Dulin, wife of Kevin T. Dulin. -�� . �� <i� �� BAR6ARA G. SILUS �� Q r� ''�•� NOTARY PUBLIC-P�11NNcSOTA � ,�R„��a� My Commission Expires Jan.31,2�13 NOtary PUbI1C a� ,:��N,_�:_-� 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. �.. y ,�l�-,� . - /� City Clerk (seal) �