HomeMy WebLinkAboutResolution 2560•
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2560
A RESOLUTION GRANTING
A CONDTIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.20, SUBDIVISIONS 3 (M)
FILE #1355
WHEREAS, Kenneth J. Wessels (hereinafter "the applicant") is the
owner of property at 1245 Woodhill Avenue located within the City of Orono
(hereinafter "City") and legally described as Lot 5, Block 1, Woodhill
Ridge, Hennepin County, Minnesota, (hereinafter "property"), and
WHEREAS, the applicant has made aplication to the City of Orono
per Municipal Zoning Code Section 10.20, Subdivisions 3 (M) to permit the
installation of an independent radio and antenna structure at a maximum
height of 60' to be located 165' to 370' from all interior lot lines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
•Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1355.
2. The property is located in the RR -1B, Rural Residential Zoning
District requiring a minimum of 2 acres in area.
3. The property is approximately 2+ acres in area.
4. The Orono Planning Commission reviewed this application on
November 21, 1988, and recommended approval of the conditional use
permit per Zoning Code Section 10.20, Subdivision 3 (M), based upon
the following findings:
A) The location of the proposed antenna structure at 60' well
exceeds the required setback from all property lines with
setbacks ranging from 165' to 3701.
B) The visual impact of the antenna structure is lessened by the
adjacent house structure and existing mature trees.
C) The antenna structure, while not in use, will be lowered to
the tree levels, thereby lessening the impact upon the adjacent
• residential properties.
D) A licensed engineer has certified structural soundness per
specifications for installation of the free standing antenna.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO, 2560
5. The City Council finds that granting a conditional use permit to
allow the antenna structure at 60' in height 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.
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, Subdivisions 3 (M) to allow the installation of a free
standing antenna at a maximum height of 601, subject to the following
conditions:
1. The permit is issued for the sole amature use of the applicant
while he owns the property.
2. The antenna structure must be dismantled and substructure/footings
to be filled when the applicant no longer resides and/or owns the
property.
3. Upon the City's issuance of a Certificate of Occupancy for the
principal residence currently under construction, the applicant must
obtain a building permit for the installation of the antenna
structure.
4. The applicant is advised that when planning for the utilities to
the residence currently under construction, that the utilities be
installed away from the proposed antenna site.
5. Per specification sheet submitted with permit application, the
City shall ask that the anti -climb sections be installed to prevent
unauthorized persons from entering the property and climbing the 60'
structure.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2560
6. The applicant is hereby advised that this conditional use permit
shall be in effect for a six (6) month period commencing at the date
of the final inspection for the antenna structure by the Orono
Inspection Department and upon satisfaction that all reported
interference problems experienced by the neighboring property owners
have been alleviated that the City shall automatically issue a
permanent conditional use permit for the operation of a radio
transmitter/receiver with independent antenna structure, and that
Council further directs.staff to send a written notice to all
neighbors within 350' of said antenna structure on the effective date
of this conditional use permit with appropriate names of people to
contact in cases of interference.
7. Authorities granted by this resolution run with the property not
with the.owner, but are permissive only and must be exercised by
application for a building permit for the installation of an antenna
structure within one year of the date of Council approval or the
• special conditions of this resolution will expire on that date
(December 12, 1989).
8. Violation of or non-compliance with any of the terms and conditions
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.
9. The undersigned owner 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.
Adopted by the Orono City Council on this 12th day of December,
1988. _
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 6 9- 1 -t1
before me a tary Pub is
appeared
the per on ) describe
instrumen , and acknowld
his (their) free act and
Ap(jgQNTRYLKnutson,_
MIN
HENNEPIN COUNTY TA
• MY 11mis81on expires 715.93
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2560
day of ( -P -� 'Ilg ��c�r / ► 198 F
within, an for sa-d county, personally
known to me to be
�in and who executed the foregoing
dged that he (they) executed the same as
deed.
6NOTAR PUBLIC lei
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
dayof
On this
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and acknow edged that he
(their) free act and deed.
Charlotte A. Knutson
NOTARY PUBLIC - MINNESOTA
MY yoNNEPIN C
mmisWon explores 7-15.93
MY COMMISSIO EXPIRES
198K, before me
)r said County, personally appeared
known to me to be the
D executed the foregoing instrument,
(they) executed the same as his
C�xGC '
TARY PUBLIC
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MY COMMISSION EXPIRES
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