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Home My WebLink AboutResolution 2879 i � - i �� .> � S �� Cit� of ORONO � � • � RESOLUTION OF THE CITY COUNCiL � NO. 2879 • - • • A RESOI�DTION GRANTING A CONDITIONAI, IISS P$RMIT PSR MONICIPAL ZONING CODE SECTION 10.50, SDBDIVISION 3 (A)7 FILE #1590 WH$REAS, Minnegasco, Inc. (hereinafter "the appl.icant") has an interest in the property Yocated at 530 OI.d Crysta�. Bay Road North located within the City of Orono (hereinafter "City") and Xegal�.y described as Lot 1, BZock 1, Van Da3.e Addition, Hennepin County, Minnesota, (hereinafter "property"), and � WHEREAS, the app�.icant has appXied to the City of Orono for a ConditionaX Use Permit per Municipa� Zoning Code Section 10.50, Subdivision 3 (A)7 to permit the temporary use of a portab3.e I.iquid natural. gas vaporizer. � NOW, TH$REFORE, BE IT RESOLVED by the City CounciX of Orono, Minnesota: • FINDINGS . � l. This application was reviewed as Zoning Fil.e #1590. 2. The property is �.ocated in the Industrial Zoning District. 3. On September 17, 1990 the Orono Planning Commission reviewed the appYication as proposed and recommended approval based upon the fol.lowing findings: a ) Proposed J.ocation of this use within the City' s industria� park meets the objectives of the zoning chapter and purposes of the industriaX district iri which the use is �ocated. b) The proposed use was found to not be detrimenta�. to the public hea7.th,. safety or generaY weXfare or materially injurious to properties or improvements in the vicinity and ' wixx not have a negative impact on the surrounding residentiaX properties because of its �.imited period of operation within the year. Page 1 of 4 • � , . . � � , ��;; ` , 'S � . , . � � , �:�i o . • �� ;� � :, C�t� o� ORONO �� .�t3 • RESOLUTION OF THE CITY COUNCIL � Q'�� 't'; � NO. 2879 ��; wi • - • • �:; , d`; �. �� 4. The City Counci I. f inds that granting a conditional. fi use �^ , permit to axXow the temporary use of a portabxe liquid natural. �f � gas vaporizer at the property wix1. not be detrimentaX to the �:� heaXth, safety or generax wel.fare of the public, wouYd not �;! adverseXy affect Xight, air nor pose a fire hazard or other ��; danger to neighboring properties , nor wi11. it depreciate ;ti, surrounding property val.ues and that the proposed 1.evex of use"of �=' the property wixX be in keeping with the intent and objectives of � the Zoning Code and Comprehensive P].an of the City. F: . 5. The City Council. has considered this appl.ication inc].uding �i a; the findings and recommendations of the Pl.anning Commission, `�; �,. reports by staff and comments of the appl.icant and the affect of �: ' the proposed use on the heaxth, safety, and welfare of the 1; community. , �: Y� �' CONCI�USIONS, ORDER AND CONDITIONS �. � "� • • Based. upon one or more of the above findings, the Orono City �', CounciX hereb rants a ConditionaX Use Permit � y g per Municipal Zoning q: Code Section 10.50, Subdivision 3 (A)7 to permit the temporary use of a 'portabXe liquid naturax gas vaporizer at the property Xocated at 530 �� OI.d Crystax Bay Road North, subject to the foxl.owing conditions: �� l. Appl.icant shaJ.x instaJ.X an 8' high cycl.one £encing .to incxude �' � . ; a Tenn-Air windscreen defined as the "open" type in order to meet ' ' ;= . opaqueness standard of ordinance. � � � . . : 2. Any changes in the hours of operation or expansion in the � :period of operation (outside of coxd weather months) shal]. , require additional. review of this conditionaX use permit or � possibl.y a new conditionax use permit. � • . 3. Driveway areas shouxd be constructed to a 9 ton design and � ; ,bituminous surfacing shalX not be required for this temporary use. � _ ° 4. The appl.icant sha1. I. be responsibxe for the compl.ete restoration of the site at the time proposed use is removed from the site. � 5. This temporary conditional. use permit is approved for� a � � period of 5 years. Appxicant must resolve permanent service ` � needs for this area of Orono within that period of time � as there . � • is no guarantee that the City wixX grant another conditional use � . . � permit for an extension of this use. This conditional. use wi�.X ' ; � , expire on October 8, 1995. � � Page 2 of 4 � � � � . � ;, , ! � ; , ; Cit� o� ORONO ` • � � i � RESOLUTION OF THE CITY COUNCIL f � � NO. 2879 + • - • • , i � a � 6. Viol.ation of or non-compliance with any of the terms and ' conditions of this resolution shall. constitute a vioXation of the ' Zoning Code, shalx automaticall.y terminate any authority granted herein, and shal�. be punishable as a misdemeanor. 7. The undersigned representative of Minnegasco has read, understood and hereby agrees to the terms of this reso�.ution and on behalf of Minnegasco, Inc., it's successors and assigns, hereby agrees to the recording of this reso�.ution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of October, 1990. ATTEST• �LQ,�.Q/.u�, Q(�" • Th resa L. Naab, eputy Cxerk Edward J. Cal afian, Jr. , A i Mayor / ..,., A thorized Representative of uthorized Representative of Veda, Inc. Minnegasco, Inc. ` STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowl.edged before me on this 8th day of October, 1990, by Edward J. Ca1J.ahan, Jr. & Theresa L. Naab, Acting Mayor & Deputy C7.erk of the City of Orono, a Minnesota municipaX corporation and said instrument was executed on beha7.f of the City. _ (/�� Notar Public �a, �y 9 � LINDA S. VBE • NOTARY PUBLIC - MINNESOTA My CO � SSlOri Expires HENNEPIN COUNTY My commission explres 8-12.96 Page 3 of 4 i , . , , "�°• . ' . ,. - 4 � L �� C�t� o� ORONO � � .� . � ,, Q� RESOLUTION OF THE CITY COUNCIL � NO. 2879 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of �C�.,�l��lr' � 19 9Q before me a Notary Public within and for said county, personally appeared �� , Q. ,��}-2_ � m known to me to be the person(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. " • ((�-�'_" NOTARY PUBLIC THERE8A 4 NAAB ��pY p�g�.MINNESOTA �E�NmmEPIaN eC��N�s2 • . MY COMMISSION EXPIRES � STATE OF MINNESOTA ) , . )ss . . COUNTY OF HENNEPIN ) On this �� day of � , 199�, before me a Notary Public within and for said County, personal ly appeared �-p �o�. KQ��y� ��a�r known to me to be the person(s) described in and wh executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . `'`VG�C� . . ` „ NOTARY PQBLIC � . 'fHERES� �'MI NESOTA . �EN�o�nc�µ�sN�2 � MY C XPIRES � Page 4 of 4