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Home My WebLink AboutResolution 2625 .. -• - �E. Cit� o� ORONO • � RESOLUTION OF THE CITY COUNCIL �� NO. 2625 • - • • A RESOLIITION GRANTING A CONDTIONAL DSE PERMIT PER MIINICIPAL ZONING CODE S$CTION 10.20, SIIBDIVISION 3 (L) FILE #1390 WHEREAS, Wear Enterprises Partnership is owner of the property located at 2845 Wear Circle and has granted an easement to U.S. West Communications (hereinafter "the applicant") to install a utility structure within the property legally described as Lot 3, Block 2, Rolling Meadows • 2nd Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, per Section 10.20, Subdivision 3 (E), the applicant has applied to the City of Orono for a Conditional Use Permit to permit a remote terminal enclosure 6'x10' in dimension on the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • FINDINGS 1. This application was reviewed as Zoning File #1390. 2. The property i�s located in the RR-1B Rural Residential Zoning District. � 3. On April 17, 1989, the Drono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: A) The location of the utility structure on the residential property will not place undue restrictions on the building envelope. B) The installation of natural screening adjacent to the utility structure will lessen the visual impact upon the users of the adjacent Fublic roadway and residential land owners within the immediate neighborhood. . C) The proposed conditional use permit is in accord with the ° objectives of the zoning chapter and the purposes of this zoning district. • Page 1 of 5 • ^ Y ` • {�A'C��''f a r Fi��.� �� o� ORONO � � • !D � RESOLUTION OF THE CITY COUNCIL .� � 5"�� 2625 , � ''"� .�� NO. ��: • � • • = 1':.�: :;tia;�,�� ; D) The proposed location of the structure and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vacinity. 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 affect 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 al low the installation of the remote terminal enclosure as proposed would not be 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 wi 11 its use depreciate surrounding property values and that the proposed level of use of the property wil 1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. • CONCLIISIONS, 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 (E) to permit the installation of a remote terminal enclosure by U.S. Direct .Communications, subject to the following conditions: � 1. No signage shall be allowed within the utility easement area granted to the applicant. 2. The City will ask for three additional landscape plantings along the east side of the easement providing additional screening for the users of the public roadway. 3. Applicant to provide regular landscape maintenance of the area throughout the year. 4. Authorities granted by this resolution run with the property not with the owner, but . are permissive only and must be exercised within one year of the date of Council approval or the special conditions of this resolution wil 1 expire on that date (April 24, 1990). 5. 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 sha11 be punishable .as a misdemeanor. Page 2 of 5 ," . � ' 'si, �'`�� Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � ',�., NO. 2625 • � • � ;<�c�:�;�r. 6. The undersigned owner and applicant 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 24th day of April, 1989. AT T: . _ oth"y . allin, City Clerk Jame R. Gra e , ayor � , �� Prop y Owner ) • � U S. West Communications Representative STATE OF MINNESOTA ) . ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of April, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � Notary Pu i;e;,`:.:;;, ,.�..r� ,n� LAURIE K. EFFLER ;,.��:_�y`.,s,� NOiARY FUBLI —n1WWESOTA �y,%:yk't;;�;• HENNEPIN COUNTY �V�� 1Ay commission expiresG-E-93 ..�:i��Zi% . My Commission Expires � Page 3 of 5 �� 1 � � ♦ ,� i`G s� � C�t� of ORONO • RESOLUTION OF THE CITY COUNCIL . � " NO. 2625 • - • • y,,:..:�:�. :�:.M STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of �Q�� , 198g before me a �I�Tqtary Publi, c� wi��cd for said county, personally appeared /,�/�/�� p[_ 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. • NOT PUBLIC �,FS ,��;';': LA I K. SCHEfFLER� ``°��'�.€,Si NOTARI' PUBLIC—MINNESOTA � . ':.�:c?:J,-tf::E 1'�?4..,.., HENNEPIN COUNTY v.�e+��17 �;if��;;�,:g:y My commission expiros6•8•99 � MY CO I SION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ��7'� day of �_ , 198q, before me a No ary P blic with'n nd f said County, personally appeared known to me to be the person(s) descri ed �in and who execute�the foregoing instrument, and acknowledged that he (they ) executed the same as his (their) free act and deed. � NO RY PUBL , h �� !A I . SCHEfFLER ,u�?°,.°..,, �,��"�`�; %.��q�:��=;�� NOTARY VUBLIC—MINNESOTq � �,:4;��.,.��:�:`��My c mEm ssEon e p�e 6r8-93 � MY COMMISSION EXPIRES Page 4 of 5 , . � . , ,.. . ..:�R. Cit o� ORONO � � RESOLUTION OF THE CITY COUNCIL � � NO. 2625 • � • • .'�;: • 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 acknowled,ged that he (they) executed the same as his (their) free act and deed. � . NOTARY PUBLIC • . 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, 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 Page 5 of 5