Loading...
HomeMy WebLinkAboutResolution 3022O O r \�kESH0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3022 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 10.27, SUBDIVISION 3 (A) AND 10.75, SUBDIVISIONS 1 AND 2 FILE #1676•' WHEREAS, the City of Orono, (hereinafter "the applicant") has an interest in the property located at 700 Old Crystal Bay Road North within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 11 City of Orono Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied for a conditional use permir per muni.ci.pa.i zoning uoae 5ecrion lu.z i, SuAaivi.sion 3 (A) that would allow an elevated tank or water tower requiring a minimum 50' setback from all -lot lines and a conditional use permit per Section 10.75, Subdivisions 1 and 2 that would allow the elevated tower to exceed the allowed height of 30' and the additional length of 45' at a maximum height of approximately 145'. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1676. 2. The property is located.in the RR -1B Rural Residential Zoning District requiring 2 acres in area. The property consists of 14.11 acres. 3. The Orono Planning Commission reviewed this application on August 19, 1991 and 'September 16, 1991 and recommended approval of the conditional use permit based upon the following findings: Page 1 of 4 • • • Y CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3022 A) The recent improvement project for the City of Orono involving -an expanded water system within the Highway 12 area is designed to keep the supply (well) and 'storage (tower) separated. This condition provides the greatest efficiency in providing fire flow' to any area within the distribution system. The preferred location for the tower would be near Old Crystal Bay Road either on the north or south side of Highway 12. The property is located on the north side of Highway 12 adjacent to Old Crystal Bay Road. B) As property is owned by City, the City need not purchase additional lands in the preferred placement area thereby reducing overall costs of water tower installation. C) The water tower will be located within a row of mature trees providing a natural screening/buffer- ing of 50 to 60 feet of the base of the tower. D) The City has. received no negative comments from the adjacent property owners most impacted by the installation of the tower. 4. The City Council finds that granting a conditional use permit to allow the installation of an elevated water tank 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. 5. 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 affect of the proposed use on the health, safety, and welfare of the community. Page 2 of 4 0 • r w. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3022 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 10.27, Subdivision 3 (A) and Section 10.75, Subdivisions 1 and 2 to permit a 145' elevated water tank that will maintain a minimum setback of 50' from all property lines to be located at the property legally described above, subject to the following conditions: 1. 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 (September 23, 1992). 2. 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. 3. The Mayor and City Council have read, understood and hereby agree to the terms of this resolution and on behalf of the City of Orono, its successors and assigns, and hereby directs the Mayor and City Clerk to complete the execution of this resolution so that it may be filed in the chain of title of the property. Page 3 of 4 CS�44d � r - , -4 O CITY of ORONO 5", RESOLUTION OF THE CITY COUNCIL �kESH0 NO, 3022 Adopted by the Orono City Council on this 23rd day of September, 1991. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 23rd day of September, 1991 by Barbara A. Peterson & 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. EQ =HENNE,� E Notary Public NESOTANTY 8-12-96 Page 4 of 4 0