HomeMy WebLinkAboutResolution 2266 � , ,' . �, , • , . . _. . - .
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` - � �Cit � o� �ORONO � � � �
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� . � RESOLUTION OF THE CITY COUNCIL ... . _ ._:._ _
� NO. 2266 '
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A RFSOLIITION GRAI�TING
A CONDITIONAI� �SE PERMIT
PER MUfJICIPAL ZONING CODE
� S$CTION 10.03, SIIBDIVISION 19
FILE #1191
WHER$AS, Gary Carlson, Frank D. �Yusup and Edward H. Dayton,
executive officer of NED, Inc. (hereinafter "the applicants") have an
interest in the properties located at 2220 and 2235 French Creek Circle
within the City of Orono (hereinafter "City") ,and legally described as. Lots
5 and 6, Block l, French Creek, (hereinafter "the property"); and
WH13R$AS, the applicants have applied to the City of Orono for a
Conditional Use Permit to permit an earthen berm to remain in the rear yard
of the propert y per per Municipal Zoning Code Section 10.03, Subdivision
• 19. �
NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono,
Minnesota:
FIAiDINGS
1. This application was reviewed as Zoning File #1191.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. On September 8, 1987, the Orono Planning Commission reviewed the.
application �as proposed and recommended approval based on the
following findings: : .
a) The drainage of adjacent properties has not been affected by �
the land' alteration. . �
b)+ The berm has existed for over 3 years without any report of
problems to adjacent properties. . •
c) There is no �potential hazard to the public's general •
welfare and safety by the presence of the berm.
• 4. 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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• RESOLUTION OF THE CITY COUNCIL
� NO. 2266
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5. The City Council finds "that granting a Conditional Use Permit to
allow the earthen berm to remain 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. _
CO1dCLIISIONS, ORDER AIdD 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 �he existing berm to remain in the
rear yards. of 2220 and 2235 French Creek Circle, subject to the following
conditions:
l. � The berm shal l not exceed the present height of 5 feet 6 inches.
• The east side of berm must be regraded and finished at a 4:1 grade
slope. Ground is to be restored by October 31, 1987.
2. Applicants are hereby advised that any expansion or extension of
this berm must be authorized under appropriate permitting by the City.
Per Section 10.03, Subdivision 15 (E), applicants are further advised
that a fence in excess of three and one half feet can not be installed
within the berm area.
3. 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
shall, be punishable as a misdemeanor.
4. 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 28th day of September,
1897
• -� �ATTE T:
��� ,
,
• o othy M allin, City Clerk Jam s . G ab k, �!a or
�.og,�,c. `�.Q o� T-oti. � I'i�o s.
Pr perty O n r(s) -- '
C�,c.c— S�
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cit� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2266
�
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STATE OF MINNESOTA ) '
) ss. �
COUNTY OF HENNEPIN ) , �
On thi s a��'.�' day of �� , 19 8�
before me a Notary Publi within an f r said county, ersonal ly
..., appeared � �
:.. � ••::known to me to be the person s) d scribed in an ho executed the � . '
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deede
.
NOTARY PUBLIC
�����or�
� �w��riNNp,s-82
�-��a
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. .
COUNTY OF HENNEPIN )
On this 28th day of September , 1987, before me
a Notary Public within and for said County, personally appeared
Barbara T. & Frank D. Yusup 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.
. . . . . NOTA Y PUBLIC � .. .
V�A
����A��f�NZ .
w"""'�"� 9/8/92
MY COMMISSION EXPIRES .
� Page 3 of 3 �
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� � • � :____.".:� RESOLUTION OF THE CITY COUNCIL - --=-- ----
_. . ----- _ � NO. 2266
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' • - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this O`� � day of �7� I~5�� . 198Z
before me a Notar Pub c7r thin and or said county, personally
appeared ��y � • `��'4-��L� 0� known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (the�) executed the same as
his (their) free act and deed.
��
�
• -�.-�.�_ _ _~".�""*"'"'*' •
�'`"� DOR07HY M. itAlLIN N ARY PU C
�': t�fOTARY PUBLFG1,MAtNEEOTA
��� HENNEPIN COUNTY
� My commisalon expires 6-2b90
- - . i ___ � a� 9 �
�MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On thi s �� � day of (� C -�c�,b.�t . 19 8 , bef ore me
a Notary Public within nd for said County, persona�ly appeared
��(�13�1� � � , �� 2 L S6 r�l 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. �
4M'1/'��tiMNWyV�/1. � ���`Yv��
�:i�`�"°��, TEftESA Ai. ►t�Qt1�S�TTF
l�`T`�raor�;�, PL�3ll� t;,r�,J�SOTA
t�� , v � �-�•�.-
,�''�'�'ti�' Ati0(tA CG:st�Tv NOTARY PUBLI
My Commission Expires Apr.22, 1993 "
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MY OMMISSION XPIRES '
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