HomeMy WebLinkAboutResolution 2481 � " .
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�,,;�`� RESOLUTION OF THE CITY COUNCIL
, ,� .� NO. 2481
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A RESOLIITION GRANTING
A CONDITIONAL DSE PLrRMIT
" PER MUNICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 19
FILE #130d
: . WHEREAS, Anthony Eiden (hereinafter "the applicant") is the owner
of the properties located at 2290 and 2340 Abingdon Way within the City of
Orono (hereinafter "City") and legally described as follows: •
; Lots 8 and 9, Block l, Abindgon Glen, Hennepin County, Minnesota
(hereinafter "property"); and
WHEREAS, the applicant has applied to the City of Orono for a
Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision
19 to permit the installation of a pond that would exceed the removal or
• excavation of more than 100 cubic yards of spoils.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
� 1. This application was reviewed as Zoning File #1300.
�2. The property is located in the RR-1B Single Family Rural
. Residential Zoning District requiring a minimum of 2 acres in area.
Lots 8 and 9 each contain 2 plus acres of dry buildable area.
3. On July 18, 1988, the Orono Planning Commission approved the
app lication as amended by the Commission based on the following
findings :
a) The pond excavation will have no negative impact on the
. existing wetlands to the southeast, nor on the existing septic
system on Lot 8 or on the future drainfield areas within Lot 9.
b) The pond will provide a nature habitat for wildlife.
. c) The applicant does, not propose any disturbed earth being
' stored within the area adjacent to the wetlands that would
encroach within the required 26' setback from the defined
;_ • wetlands area. , ,
• d) The disturbed soils will be immediately graded and seeded as
soon as the excavation of the pond is completed.
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;�� RESOLUTION OF THE CITY COUNCIL
; �' NO. 2481
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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.
5. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to
. . . a l low the insta l l ation of the pond wi l l not be detrimenta l 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 wi 11 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.
� CONCLDSIOATS, 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 the installation of a pond between
the shared lot lines of the property, subject to the fol lowing conditions:
� 1. Appropriate erosion controls shall be maintained throughout the
project. Silt fencing shall be installed as shown on the plans by
• Coffin & Gronberg, revised date 7/22/88.
2. The applicant sha11 stake the alternate and principal drainfield
sites on Lot 9 prior to any land alteration to insure protection of
' the future drainfield areas.
� 3. Upon completion of the final grades, the entire disturbed area
shall be seeded and erosion control/silt fencing shall remain in place
until ground cover is restored.
4. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be exercized by
� application for a land alteration permit within one year of the date
of Council approval or this conditional use permit will expire on that
date (August 8, 1989 ).
5. 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.
<� 6. 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.
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R�SOLUTION OF THE CITY COUNCIL
,.;:.;`� NO. 2481
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, . Adopted by the Orono City Council on this 8th day of August,
, 1988.
ATT T: �-
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�• '
orothy al-lin, City Clerk Jame R. Grabe May9x
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Property wner(s
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�; � `. ' RESOLUTION OF THE CITY COUNCIL' � �
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_. � . : NO. 2481 . .
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STATE OF MINNESOTA )
: " ) ss.
COUNTY OF HENNEPIN )
On this o��5�- � day of ��C�S�' ► 198�
before me a Notary Publi within and f said county, personal ly
appeared �-bi � � � known to me to be
� the person(s) escrib d in and who executed the foregoing
� instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
�. ��
. • THERESA L. NAAB NOTA`RY PUBLIC
�ApY PU8U0�MINNESOTA
�HENoortmia�o"°xp�°s�s2
: ��9�
. MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
.: COUNTY OF HENNEPIN )
� On this day of , 198 , before me
a Notary Public within and for said County, personal�y 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
•
• MY COMMISSION EXPIRES
�•
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