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� RESOLUTION OF THE CITY COUNCIL
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A RESOLIITION GRANTING I
A CONDTIONAL IISE PERMIT
P$R MIINICIPAL ZONING CODE
SECTION 10.27, SUBDIVISION 3 (A)
� . FILE #1417
WHEREAS, Northern States Power Company, (hereinafter
"the applicant") has an interest in the property located at 3960
Sixth Avenue North within the City of Orono (hereinafter "City")
and legally described as follows:
Refer to Exhibit A, attached (hereinafter "property" ) ; and
WHER$AS, the applicant has applied to the City for a
conditional use permit to permit the installation of a electric
power substation per Municipal Zoning Code Section ?0.27,
Subdivision 3 (A).
• NOW, THEREFOR$, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS � .
l. This application was reviewed as Zoning File #1417.
2. The property is located in the RR-lA Rural Resident�al ;
Zoning District requiring 5 acres in area. The property
consists of 15+ acres, 5 acres of which is dry contiguous
land. .
3. On July 17, 1989, the Orono Planning Commission reviewed
the application as amended and reconunended approval based on
the following findings:
• A) The rate of growth in the western portions of the
City of Orono has created a major need for increased
electric capacity. The applicant has demonstrated that
the existing capacity will be exhausted by the year
1990 at the current rate of use and growth.
B) The property is surrounded by a railroad on the �
north, wetlands to the east, County road to the south,
and the Hunt Farm residential development to the south.
� C) The property consists of 15 acres.
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,� � � ) The visual impact of the structure will be lessened
� by the placement of the facility on the site and by
existing and proposed plantings. The installation of
the power substation will not require the installation
of additional power poles in the area. All existing
poles shall remain and be employed by the power
substation.
E) The noise impact will be minimized by the setbacks
from the residential properties, the use of existing
topography and berming, and existing and proposed
plantings.
F ) The applicant has demonstrated that the
installation, use and maintenance of the proposed
facility will have no negative environmental impact on
the surrounding wetlands and wildlife that inhabit the
wetlands.
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, saf ety,
and welfare of the community.
5. The City Council finds that granting a conditional use
permit to allow the installation of the power substation
will 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 will its use 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.
CONCLIISIONS, ORDffit 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 10.27, Subdivision 3 (A) to permit the
installation of a power substation, subject to the following
conditions:
l. The proposed power substation is approved at a 69 KV
capacity with a resulting distribution voltage of 13.8 RV.
Applicant is hereby advised that the granting of this
conditional use permit conveys no vested rights to the
• applicant and that any attempt to inc.rease the capacity of
this substation requires a separate conditional use permit
review.
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2. Final site plan must relocate 6' high fence to meet 100'
setback from front/street lot line.
3. Cooling fans of transformer to be placed so as to reduce
noise impact on adjacent residential properties to west and
south.
4. All construction/excavation to be 26' from the adjacent
wetlands defined at the 954 ' elevation.
5. Applicant to grant Conservation and Flowage Easement
over designated wetland.
6. Upon application for a building permit, applicant must
provide the following:
A) Erosion control plan.
B) Hennepin County driveway permit.
• C) Permit from the Minnehaha Creek Watershed
District. Any revisions requested by the MCWD must be
reflected in the final plans submitted to the City.
7. 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 year of the date of Council approval or this
conditional use permit will expire on that date (August 28,
1990 ) .
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 shal 1 be punishable as a
misdemeanor.
9. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of Northern States Power Company its successors and assigns,
hereby agrees to the recording of this resolution in the
chain of title of the property.
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Adopted by the Orono City Council on this 28th day of
August, 1989.
ATT T:
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0 othy . Hallin, City C e Ja s R. Grabek, ayo`r
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P,�operty Own (s) (� /
t�d�^,u.s c 2��ru2—1���4cLs-r�1 n� /�l�
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
� The foregoing instrument was acknowledged before me on
this 28th day of August, 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.
Nota Public �� . SCHEFfLER
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�� �'" NO7ARY PU6UC—MINNESOTA
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�,,� � HENNEPIN COUNTY
� �`��;��' My commission�xpir�s6•8-93
,"�;H=��v
My Commission
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STATE OF MINNESOTA ) �
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COUNTY OF HENNEPIN )
On this �S� day of �.P n , 198 °( •
before m@ a Notary Public within and for �s� k own�toeme�to�be
appeared 1�o�Ui cc� �i 51�r 'Y��rn-'������� . .
t h e 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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TM�pEBA L. NAAB NOTARY PUBLIC -
�����MINNESO7A
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
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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
i (their) free act and deed. �
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NOTARY PUBLIC
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MY COMMISSION EXPIRES
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.���` 2686
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� All that part of the Southwest 1/4 of the Southwest 1/4 of
Section 29, Township 118, Range 23, lying South of the railroad
, right of way now operated and used by the Great Northern Railroad
Company. A1soAthat part of Section 32, Township 118, Range 23,
bounded as follows: Beginning at the Northwest corner of said
Section 32; thence East 13.83 chains, thence South 3.70 chains to
the center of the North Watertown Road; thence South 66 degrees
West along said Watertown Road 13.94 chains, thence North 5.04
chains more or less to the place of beginning; subject to
easements for public roads and highways as now located over and
across said premises. �
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