HomeMy WebLinkAboutResolution 3088f
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RESOLUTION OF THE CITY COUNCIL
NO. 3088
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE #1713
WHEREAS, Whitney and Betty MacMillan, (hereinafter "the
applicants") are the owners of the property located at 1560 Fox
Street within the City of Orono (hereinafter "City") and legally
described as Lot 2, Block 1, MacMillan Addition, Hennepin County,
Minnesota (hereinafter "property"); and
WHEREAS, the applicant has made application to the City
of Orono to permit a land alteration that will involve the
relocating of a low retention area to the immediate east. The
land alteration involves the movement of approximately 800 - 1000
cubic yards of earth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1.
This application was reviewed as Zoning File #1713.
2.
The property is located in the RR -1B Rural Residential
Zoning District requiring a minimum of 2 acres in area.
3.
The property is approximately 5+ acres in area.
4.
*The Orono Planning Commission reviewed this application
on February 18, 1992 and recommended approval of the
conditional use permit for the land alteration as
proposed based on the following findings:
A. The proposed land alteration will not result in a
reduction of water storage.
B. The project will maintain positive drainage and
have no impact on adjacent properties.
C. The low retention area or fresh meadow is not
classified as a designated wetland.
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The City Council finds that granting a conditional use
permit to allow the land alteration 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.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
6. The City Council has considered this application
including the findings and recommendations of the
Planning Commission, reports by staff and comments of
applicant's consultant and the affect of the proposed
use on the health, safety, and welfare of the
community.
CONCLUSIONS, 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 10.03, Subdivision 19 for the proposed land
alteration involving 800 - 1000 cubic yards of earth movement,
subject to the following conditions:
1. Applicant shall provide appropriate erosion control
throughout the entire project until all disturbed areas
are.restored with appropriate ground cover.
2. Positive drainage shall be maintained.
3. Authorities granted by this resolution run with the
property not with the applicants, but are permissive
only and must be exercised by the installation of the
land alteration within one year of the date of Council
approval or the special conditions of this resolution
will expire on that date (March 9, 1993).
4. 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3088
5. The undersigned applicants 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.
Adopted by the Orono City Council on this 9th day of
March, 1992.
"'_Donthy Hallin, City Clerk Barbara A. Peterson, Mayor
Prope ty Owner(s)
STATE 'OF MIN SOTA )
ss.
COUNTY OF HENNEPIN
The foregoing 'nstrument was ackn edged before me on
this 9th day of March, 1 92, by Barbar A. Peterson & Dorothy M.
Hal lin,. Mayor & City Cler of the C' y of Orono, a Minnesota
municipal corporation and sai inst ent was executed on behalf
of the City.
LI N GUN L CK ,
0 ARY B C—MINNES T
HENN COUNTY N r 4�
My Comm. xpi s Jan. 29 19 y
C
Page 3 of 4 Nota Public
LINDA S EE g
NOTARY PUBLI -MINNESOTA
HENNEP COUNTY
My commis ' n expires 8-12-98
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3088
On this 12th day of March F 199'2
before me a Notary Public within and for said county, personally
appeared Whitney MacMillan and Elizabeth S. MacMi 11 an known to me to be
who
the person(s) and acknowledged thascribed in t be (they)cexecutedethe sameang
s
instrument,.
h" (their) free act and deed.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing i -trwnent was acknov�ledgeCfhore me 1992, before me
On this day o ersonall
a Notary Public within and for said County, p Y appeared
Barbara A. Peterson & Dorothy M. Hal/lin known to me to be the
WLINDA S. VEE /
NOTAIRYENNEPIN COUNTY TA commission expires 8-12-96 NO4APUBLIC
* Mayor and City Clerk of the City of Orono, a Minnesota ntinicipal corporation
and said instrument was executed on behalf of the City.
. Page 4 of 4
ALLISON G.GUNLOCK
NOTARY PUBLIC—MINNESOTA
gin?'
HENNEPIN COUNTY
My Comm. Expires Jan. 29, 1996
Y
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing i -trwnent was acknov�ledgeCfhore me 1992, before me
On this day o ersonall
a Notary Public within and for said County, p Y appeared
Barbara A. Peterson & Dorothy M. Hal/lin known to me to be the
WLINDA S. VEE /
NOTAIRYENNEPIN COUNTY TA commission expires 8-12-96 NO4APUBLIC
* Mayor and City Clerk of the City of Orono, a Minnesota ntinicipal corporation
and said instrument was executed on behalf of the City.
. Page 4 of 4