HomeMy WebLinkAboutResolution 2632 �
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" �t RESOLUTION OF THE CITY COUNCIL
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A RSSOLDTION GRANTING
AN AFTER-THE-FACT
CONDITIONAL DS$ PERMIT
PER MLINICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 19
FILE #1392
WHEREAS, Rim Edwards (hereinafter "the applicant") is
. the owner of the praperty lacated at 2450 Woodhaven Drive 7.ocated
within the City of Orona (hereinafter "City") and legally
described as follows:
Lot 2, Block 1, Levering's Waodhaven, Hennepin County,
Minnesota (hereinafter "praperty"); and
WH$REAS, the app licant has applied to the City of Orano
for an after-the-fact conditional use permit ta permit placement
of fill and grading in excess of 100 cubic yards per Municipal
Zaning Code Section 10.03, Subdivision 19.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1392.
2. The praperty is located in the RR-1B Rural Residential
Zoning District.
3. On April 17 , 1989 , the Orana Planning Cammissian
reviewed the application and recommended approval, based on
the fo l lowing f indings:
A) The fill and grading that has taken p lace will have
na significant impact on the neighboring groperties and
will not change the rates or amounts of run-off.
B) The property was previously relatively law. The
average 4' depth of fill is not out vf character with
the neighborhood.
C) Na additional fill is praposed.
• D) Applicant has agreed ta finish grading per the City
Engineer's recommendatian, and intends to I.andscape the
fill.ed area.
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Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2632
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E) The amount of filling that has occurred is
approximately 4,500 to 5,000 cubic yards.
F ) The fill that has been placed appears to be
acceptable clean fill.
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 aff ect of the proposed use on the health, safety,
and we 1 f are of the community.
5. The City Council finds that granting this after-the-fact
conditional use permit to allow placement of fill and site
grading wil 1 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 wi 11 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 an after-the-fact conditional use
permit per Municipal Zoning Code Section 10.03, Subdivision 19 to
permit the placement and grading of fill , subject to the
following conditions:
1. Remove all fill that has been placed on neighboring
property. .
2. Finish grade entire area (all bank slopes to be 4 :1 or
flatter) .
3. Place erosion controls until revegetation is
established.
4. Seed or sod immediately after final grading. Applicant
sha 11 work with City staf f to comp 1 ete an acceptab 1 e p 1 an
for tree and shrubbery plantings for the property.
• 5. No additional fill may be brought onto the property
without an �additional conditional use permit.
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� ��� � Cit of ORONO
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2632
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6. Applicant sha11 pay the standard after-the-fact
investigation fee when the grading permit is issued. The
permit shall be obtained prior to commencement of finish
grading.
7. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by obtaining a permit within one year of
the date of Council approval or the special conditions of
this resolution wiI 1 expire on that clate (May 8, 1990).
8. VioYation of or non-compliance with any of the terms and
conditions of this resolution sha11 constitute a violation
of the Zoning Code, shall automatically terminate any
authority granted herein, and sha11 be punishabYe 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 8th day of
May, 19 8 9.
AT ST:
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ot y . HaYI' , City Clerk Jam s R. Gra k, Mayor
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Pr�p rty Own s )
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• RESOLUTION OF THE CITY COUNCIL
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'+ � ' NO. 2632
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Th�e for�egoing instrument was acknowledged before me on
this 8th day of May, 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 th�e City.
.��.>'�ti,:4
..7_ <;;� LAURIE K. SCHEFFLER •
.�''�"'�''`�:=i NOTARY FUBLIC-.MINNESOi,4
'�"��'' H@NNCPIN COUNTY
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� h►Y commiaClOh @xpj��g6,�,�' Notar'y Pub1iC
STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
• On this � ���f day of �/9y , 198�
before me a Not y Public ithin and far said county, personally
appeared �� known to me to be
the persan(s ) descri ed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) � free act and deed. -
�;'"`�'��� LAURIE K. SCHEFFLER �
!�'��i�����
->���:ta..��^_,i�� NOTARY VUBLIC—MINhE501,� -
fi`.���=�c�-=��`� HENNEPiN COUNTY
�%`y���i�'� My com;nission oxpiras6•E3•93 NOTARY PU IC
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this leG�( day of ��� , 1989, before me
a tary Public within and for said County, personal ly appeared
�m �nc�)q-(z,t'��j known to me to be the
person(s) described in and who execut�ed the foregoing instrument,
and acknowledged that he (th�ey) executed th�e same �as his
(their) free act and deed.
,:�`:"='�,-'�, L�URIE K. SCHEF6LER
,a��,,�.t;.:t
��'�+����,F.�� NOTARY FU�LIC—MINNESOTA NOTARY PUBLIC
� :.rl'.�1+�<;,,',•My c�EmNEonNex '�ire�TII•93
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