HomeMy WebLinkAboutResolution 2511•
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 511
A RESOLUTION GRANTING
VARIANCES TO
SECTION 10.20, SUBDIVISION 3 (D) AND
SECTION 10.25, SUBDIVISION 6 (B) AND
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISION 3 (D)
GRANTS A CONDITIONAL USE PERMIT
FILE #1306,
WHEREAS, the Metropolitan Waste Control Commission (hereinafter
"the applicant") is the owner of the property located at 3286 North Shore
Drive within the City of Orono (hereinafter "City") and legally described
as Outlot A, Moeller's' Addition, Hennepin County, Minnesota, (hereinafter
"property") ; and
WHEREAS, the applicant has made application to the City of Orono
•to permit the installation of a pumping station/lift station as required by
Section 10.20, Subdivision 3 (D), and has applied for additional setback
variances per Section 10.20, Subdivision 3 (D) requiring a 40' or 80%
setback variance from the east lot line and a 25' or 50% setback variance
from the north line where a 50' setback variance is required from all
residential lot lines, and per Section 10.20, Subdivision 6 (B) seeks
approval of a 25' or 83% street.setback variance where 30' is required for
the proposed pumping station/lift station, and a rear setback variance of
5' or 17% where a 30' setback is required for the structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1306.
2. The property is located in the LR -1C-1 Lakeshore Residential Sub -
District requiring a minimum of 1/2 acre in area.
3. The property is approximately 3,099 s.f. or .07 acres.
4. The property is designated as Outlot A and is not intended for
residential development but for the exclusive use by the M.W.C.C. as a
public utility structure.
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City of oR,olvo
RESOLUTION OF THE CITY COUNCIL
NO.
2511
5. The Orono Planning Commission reviewed this application on October
3, 1988 and recommended approval of proposed setback variances to
Sections 10.20, Subdivision 3 (D) and Section 10.25, Subdivision 6 (B)
and per Section 10.20, Subdivision 3 (D) recommends approval of the
granting of a conditional use permit for the construction of a pumping
station/lift station, based on the following findings:
A) The applicant has filed the necessary subdivision application
with the City to allow the legal transfer of the outlot to the
M.W.C.C.
B) The amendment of the original improvement plan (Application
#1256) for the upgrading of the existing sewer lines owned by the
M.W.C.C. is required and is considered an important, integral
part of the proposal.
• C) The proposed structure will have no major impact on the
surrounding residential property nor on the use of the adjacent
commercial property.
6. The City Council finds that the conditions existing on this pro-
perty are peculiar to it and do not apply generally to other property
in this zoning district;. that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon-
strable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the
spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
7. The City Council finds that granting a conditional use permit to
allow the installation of a pumping station/lift station 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.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2511
CONCLUSIONS, 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 10.20, Subdivision 3 (D) to permit the construction of a pumping
station/lift station on the property, and per Section 10.20, Subdivision 3
(D) grants a setback variance from the east lot line of 40' or 80% and a
setback variance from the north lot line of 25' or 50% where a 50' setback
is required from all adjacent residential zoned properties, and per Section
10.25, Subdivision 6 (B) grants a street setback variance of 25' or 83%
where 30' is required for all structures and a rear setback variance of 5'
or 17% where a 30' setback is required from the rear lot line, subject to
the following conditions:
1. Approval of a structure with a pitched roof with brick facia not
• to exceed 201x32' per plans by Bonetroo, Rosene, Anderlick &
Associates entitled "Orono Interceptor Improvements - Lift Station 44"
dated October 19, 1988, conn. 0612.
2. All access to the site must be via the private driveway along the
west side lot line, no direct access onto County road will be allowed.
3. Any proposed changes in use of this structure or a major
intensification in use must be approved by the City of Orono.
4. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or the special conditions of this resolution will
expire on that date (October 10, 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 the Metropolitan
Waste Control Commission its successors and assigns hereby agrees to
the recording of this resolution in the chain of title of the
property.
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C7
1988
ATTEST:
City of oR,olvo
RESOLUTION OF THE CITY COUNCIL
NO. 2 511
Adopted by the Orono City Council on this 10th day of October,
M�.�.���
V1, - - - - - -
Hallin, City Clerk JamAs R. Grabek,
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Pr Wert Owners)
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City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2 511
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 198
before me a Notary Public within and for said county, personally
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
STATE OF MINNESOTA )
4WA"
)ss.
COUNTY OF )
On this CM-Ps-e�
day of , 198_, before me
a
No Public within and for said County, personally 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.
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NOTARY I UB,AAn�.AA,AmAAAAAAAm '
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SUSAN M.ACKERMA
g i NOTARY PUBLIC-MIIINESO0TA
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RAMSEY COUNTY
My Comm. Expires Feb. 27, 1990
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MY COMMISSION EXPIRES
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