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HomeMy WebLinkAboutResolution 2647 . � .,. � •j�� . • �_�.� .. .' �, . - _ . . . ' . . . ' . ._. ••. . ' ' . , .. . . . . . • . � :�- ���5 �j�t Clt� of ORONO � .� �`� : ,��, {� RESOLUTION OF THE CITY COUNCIL � ': :�;,,., � NO. 2647 :• - � �-; . � • A RSSOLDTION GRANTING A CONDTIONAL DSE PERMIT Pffit MIINICIPAL ZONING CODE SECTION 10.03, SDBDIVISION 19 FILB #1409 y WHEREAS, Jann and Renee Olsten (hereinafter "the applicants") are the owners of the property located at 3090 Farv.iew Lane within the City of Orono (hereinafter "City") and legally described as Lot 2, Block 2, Farview, Hennepin County, Minnesota (hereinafter "property"); and WH$REAS, the applicants have applied to the City of Orono for a conditional use permit to permit land alterations +' involving excavation, filling, and the installation of retaining � walls on the property per Municipal Zoning Code Section 10.03, � Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of •� Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1409. 2. The property is located in the RR-1B Rural Residential Zoning District requiring 2 acres in area. The property consists of 2+ acres. 3. On May 15, 1989, the Orono Planning Commission reviewed � the application as proposed and recommended approval based on one or more of the following findings: A) The proposed land alterations on the property will have no negative impact on the existing drainage patterns nor will there be a change in drainage. B) The level area on the lot would be increased with the proposed alterations allowing more surface run-off to percolate into the soils. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants • and the affect of the proposed use on the health, safety, and we 1 f are of the community. Page 1 of 4 f-�" • . � ' . .. . . . . �� d ��.r Cit� o� ORONO • �r ak' � x RESOLUTION OF THE CITY COUNCIL �';� , NO. 2647 ';• _ • •,; F 5. The City Counci 1 f inds that granting a conditional use permit to allow land alterations in excess of 100 cubic yards 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 wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono � Ci,ty Council hereby grants a conditional use permit per Municipal ' Zoning Code Section 10.03, Subdivision 19 to permit excavations, filling, and the installation of retaining walls involving land alterations in excess of 100 cubic yards , subject to the • following conditions: 1. Adequate erosion control to be provided as soon as the excavation work commences and is to remain on site until ground cover is restored. 2. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a land alteration � permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (June 12, 1990 ). 3. 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. 4. The undersigned owners 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. • • Page 2 of 4 . . _ �� . ,�. . R�. . .. . . . . - . . .. � . . . u ' � +�e �� � S City o� ORONO � ; � � :: , ` '�.' RESOLUTION OF THE CITY COUNCIL " �:� ; ��.�,, � ,� '. NO. 2647 �. • - • •".. Adopted by the Orono City Council on this 12th day of June, 19 8 9. ATT� ST: , o csthy . H llin, City Cle��� Jam R. Grabe , Mayor �°. ��-�- � P op�rty Owner(s) . TATE OF MINNESOTA ) ze ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on • this 12th day of June, 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. , o y Public r��4�;Y�,�,� L U E K. SCHEfFLER �':-��,��,z O RY PUBLIC—MINNESOTA ;r. ;....... �,�� k��,',�? HENNEPIN COUNTY ��.�,;�.�,±- My commir.ion expires6-8-93 My Commission Expires Page 3 of 4 . ^ �• - Cit� of ORONO � �� �� ;: . °� r RESOLUTION OF THE CITY COUNCIL `� `�` NO. 2647 - � ,��r ,�-. • • ;,. ' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) i • On this 29th day of June , 1989 before me a Notary Public within and for said county, personally appeared Jann L. Olsten and Renee C. Olsten 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. x�"';"� JUDITH A.FISCHER � .��' NOTARY PUBUC—MINNESOTA � �'�c�2�� • ��� NOT RY PUBLIC HENNEPIN COUNTY My Commission Exp[res Jaa 23,1992 x x ' January 23, 1992 � 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, personal7.y 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 4 of 4