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Home My WebLink AboutResolution 2700 `� , � '`,; � Clt� o� ORONO . � � RESOLUTION OF THE CITY COUNCIL . ".�"�.... NO. 2 7 0 0 � • - • • ' A RESOLIITION GRANTING VARIANCES TO SECTION 10.20, SQBDIVISION 3 (D) AND � SECTION 10.25, SIIBDIVISION 6 (B) AND PER MONICIPAL ZONING CODE SECTION 10.20, SIIBDIVISION 3 (D) GRANTS A CONDITIONAL DSE PERMIT � FILE #1306 WHEREAS, the Metropolitan Waste Control Commission (hereinafter "the applicant" ) is the owner of the property located at 3286 North Shore Drive within the City of Orono (hereinafter "City") and legally described as Outlot A, Moellers Addition, Hennepin County, Minnesota, (hereinafter "property"); and . WHEREAS, the app licant has made application to the City of Orono to permit the installation of a pumping station/lift station as required by • Section 10.20, Subclivision 3 (D) , and has applied for additional setback variances per Section 10.20, Subdivision 3 (D) requiring a 40' or 80$ setback variance from the east lot line and a 25' or 50$ setback variance from the north line where a 50' setback variance is required from all residential lot lines, and per Section 10.20, Subdivision 6 (B) seeks approval of a 25' or 83$ street setback variance where 30' is required for the proposecl pumping station/lift station, and a rear setback variance of 5' or 17$ where a 30' setback is required for the structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1306. 2. The property is located in the LR-1C-1 Lakeshore Residential Sub- District requiring a minimum of 1/2 acre in area. 3 . The property is approximately 3,099 s.f. or .07 acres. 4. The property is designated as Outlot A and is not intended for residential development but for the exclusive use by the M.W.C.C. as a public utility structure. • Page 1 of 5 �. 1 . ' I � Clt� o� ORONO . � � RESOLUTION OF THE CITY COUNCIL • NO. 2700 • • • • 5. The Orono Planning Commission reviewed this application on October 3, 1988 and recommended approval of proposed setback variances to Sections 10.20, Subdivision 3 (D) and Section 10.25, Subdivision 6 (B) and per Section 10.20, Subdivision 3 (D) recommends approval of the granting of a conditional use permit for the construction of a pumping station/lift station, based on the fol lowing findings: A) The applicant has filed the necessary subdivision application with the City to allow the legal transfer of the outlot to the M.W.C.C. B) The amendment of the original improvement plan (Application #1256) for the upgrading of the existing sewer lines owned by the M.W.C.C. is required and is considered an important, integral part of the proposal. • C) The proposed structure will have no major impact on the surrounding residential property nor on the use of the adjacent commercial property. 6. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property � in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to al leviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • 7. The City Counci l f inds that granting a conditiona l use permit to al low the installation of a pumping station/lift station 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 wil 1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 • .._ ,N .. ,. ,_ . . ..., _ ._ �.:�'��.'.14Y.:�.�.i..p� 1_':t�:;l,ti.u.ti:re .-�. -.N�.:Y'.. f. `::...f`T ..��_i_- ., �. ...�..�r. � .� ' �:..'. ..... . . .. .. .u, ��.i.a. �.. r ...�. . . . . ...�a v.... ... .. Ci.t� �o� ORONO . • RESOWTION OF THE CITY COUNCIL � � NO. 2700 • - • • 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 (D) to permit the construction of a pumping station/lift station on the property, and per Section 10.20, Subdivision 3 (D) grants a setback variance from the east lot line of 40' or 80� and a setback variance from the north lot line of 25' or 50$ where a 50' setback is required from al 1 adjacent residential zoned properties, and per Section 10.25, Subdivision 6 (B) grants a street setback variance of 25' or 83�" where 30' is required for all structures and a rear setback variance of 5'� or 17� where a 30' setback is required from the rear lot line, subject to the following conditions: l. Approval of a structure with a pitched roof with brick facia not to exceed 20 'x32 ' per plans by Bonetroo, Rosene, Anderlick & • Associates entitled "Orono Interceptor Improvements - Lift Station 44" dated October 19, 1988, conn. 0612. 2. A 11 access to the site must be via the private driveway along the west side lot line, no direct access onto County road will be allowed. 3. Any proposed changes in use of this structure or a major intensification in use must be approved by the City of Orono. 4. 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 one year of the date of Council approval, or the special conditions of this resolution will expire on that date (Septembe� �GS, 1990) . 5. Violation of or non-compliance with any of the terms and condi- tions 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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the Metropolitan Waste Control Commission its successors and assigns hereby agrees to the recording of this resolution in the chain of title of the property. • Page 3 of 5 � � _� :.. . � _ � . s�. . -.. .. . � - �, .. . .. ... .. ... . . - �-. _ . . .. c�a.Rr,p.. � �a:...l_ e_.-.��...,..<. «....... . .� .. .. � .�. ... ..f: . . . _ _ , . .,.-. � . . . . . _ , .... ., __.. . .". .- ' __ ....._ . .... �,�- . . . • . . . ... . - . . . .. i Cit� o� ORONO . �` � • RESOLUTION OF THE CITY COUNCIL ` • NO. 2700 � • - • • . opted by the City Council of the City of Orono, , Minnesota at a regular meeting held on the 25th day of September, , 1989. AT ST: - �� . �orothy . Halli , City Clerk E ward J. Cal ahan, Jr. , Act ' Mayor ' . . G � Property Owner s � STATE OF MINNESOTA ) ) SS. ' � COUNTY OF HENNEPIN ) � . The foregoing instrument was acknowledged before me on � this 25th day of September, 1989, by Edward J. Callahan � Dorothy M. � Hallin, Acting Mayor & City Clerk of the City of Orono, a • Minnesota municipal corporation and said instrument was executed . on behalf of the City. ; No ry ubli e RIE K. SCHEFFLEIt �� . � �;�-•s. ' K NOTARY FUBUC-MINNESOU . ,�.,., y,= HENNEPIN COUNTY My Commission ��c��`�r � Page 4 of 5 • _.�,,.� � � - ..�,. �_ i . _ .� . _ _ . . 4� ' j.A. ,.5�-=1{L�� . . .. .... u.� �.....�,y a.i, . . . a. ..... 1. ... . .. .�. .�_ .� . . ... ... . . .. ... .�. _ . .. .. . �.. ��- . , �..... � , I,�-T . . . . . � . , . ' . . . Cit� o� ORONO . ' • RESOLUTION OF THE CITY COUNCIL • NO. 2700 • � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �Q�= day of l�� .,,� , 1989 before me a Notary P lic within and for said county, personally appeared . known to me to be the pe son(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed . the same as his (their) free act and deed. � ' • NO RY PUBLIC ,/ � `7"-� '7�' �S _ MY COMMISSION EXPIRES � JANICE M. BEVINS STATE OF MINNESOTA ) ntor�r r��u�,�sor� )S S. RAMSEY C0IJNTY J MY COMMISSION EXpIRE9 4�17•OS 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