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Home My WebLink About#4365-CUP-1999 . y .. E - '^ _ �� /� O�\ O O �, CITY of ORONO � � �'',� 4 G'� RESOLUTION OF THE CITY COUNCIL t9kESH�4� NO. � y�-� - ==. �>• A RESOLUTION GRANTING A CONDITIONAL USE PERNIIT PER MUNICIPAL ZONIlr'G CODE SECTION 10.03, SUBDIVISIONS 19-21 FILE #2�24 `VHEREAS, W. Duncan NlacMillan and Craigbank Associates, (hereinafter "the applicants") are the owners of the properties located at 1700 Fox Street and 1820 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, HI Acres Two, Hennepin County and that part of the Northeast Quarter of the Southeast Quarter of Section 3, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County, Minnesota (hereinafter "property"); and WI�EREAS, the applicants have applied to the City for a conditional use permit to permit land alteration of greater than 500 cubic y�ards and to allo�v grading �vzthin 5' of the property line for relocating a drive�vay across a commonly o�vned property line per Section �0.03, Subdivisions 19-21. NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDIiV'GS 1. This application was reviewed as Zoning File #2�24 for property located at 1700 Fox Street and 1820 Fox Street. 2. The property is located in the RR-1B, One Family Rural Residential Zoning District. 3. The property o�vners of 1700 FoY Street will file an easement in favor of the 1820 Fox Street property for the purposes of access. 4. The existing driveway is at a 13% slope without a significant landing to Fo� Street. The new drive would begin at 2% for the first �0' and then an 8% drive would continue to the house. Page 1 of 6 , . . A � � / � � /� O� �O O '� � CITY of ORONO e_ - � �i '� RESOLUTION OF THE CITY COUNCIL ��9kESH�� NO. � �'' �_ t� ��—� 5. The easement is 30' in width (legal description attached as E�chibit A). 6. The proposed grading would not impact existing or future septic sites on the property due to disturbed soil and slopes. 7. The City Council finds that granting a conditional use permit to allow gradinQ within 5' of the property line and to allo�v land alteration of greater than 500 cubic yards will not be detrimental to the health, safety or general welfare of the public, will 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 w�ill be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 8. 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 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, Subdivisions 19-21, to permit grading within 5' of the property line and land alteration of greater than 500 cubic yards, subject to the following conditions: 1. The applicants shall file an access easement in favor of the 1820 Fox Street property over the 1700 Fo;c Street property. 2. The existing curb cut located on the 1820 FoY Street property shall be closed within 30 days of completion of the existing driveway. 3. The applicants shall obtain a land alteration permit from the City for grading, per the site plan attached to this resolution as Exhibit B. 4. Authorities granted by this resolution are permissive only and must be exercised by application for a land alteration permit w7thin one y�ear of the date of Council approval or this conditional use pernut w�ll espire on that date (October 1 l, 2000). Page 2 of 6 , � � � _ /i O�\ � � \ �O O �4. - C ITY of ORONO \�''',� G'� � RESOLUTION OF THE CITY COUNCIL t9 44' N O. �� kEsH� �. 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. 6. 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 l lth day of October, 1999. i i � ATTEST: " , % �,� a ;:, , ,,-';� j/j/ , y� _ / ; v% i -� ,� � ,�.;� G� �- , ,,,.��,�,w. _ � � �� I�inda S. Vee, C�t�v Clerk Charles Kelley cting, May Nivin S. MacMi lan x - ' � W. Duncan MacMillan, husband & wife, � S'A�tl w��,�y� � M Property O�vner(s� of 1820 ox Street Craigbank Associates — By its General Partners: Partnership Hol�ings, LLC � G'. Duncan MacMillan 1982 Trust ��Trust Property Owner(s) of 1700 Fox Street STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this l lth day of October, 1999, by Charles Kelley and Linda S. Vee, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �_-�P=��-;,; � � / ��.C'aLG�+�-�-.C.��...��.� A �1� �/��-=��. C?RC�E A,.Nr�� `�� _�t��. �a1�r.1�/ � � � N�ir �Yt�� i�- � rG F � �� :,y ; `�� Notary Public � � �^��-�.._�,,;�,E_ .,.- ._.. . Page 3 of 6 � , , r � / ,�� ;.�, O,�. � � � i0 O � �D. � , ;i C ITY of ORONO � �'',� G'F � RESOLUTION OF THE CITY COUNCIL �t9kES� NO. � g_: , �� STA�E NIINNESOTA ) ) ss. COUNTY OF HENNEPN ) On this 13th day of october , 199 9 before me a Notary Public within and for said county, personally appeared W. Duncan MacMillan, hi�Shanr� nf N;�,�ac i lan kno�vn to me to be the person(s) described in and who eYecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. r ts�',�. �� Ra''=;�� REBECCA S.F?OElESTRA � �r;., - ;�' �`� NOTAR""' .MINNESOTA � '�5,�.�;�' ►ry c«��,��;;.:��,.�+,a000 N ary Public i`!+:^ti";�'�Vyti�MMNW1/' STATE OF MINNESOTA ) ) ss. COLTNTY OF HENNEPIN ) On this 13th day of October , 1999 before me a Notary Public within and for said county, personally appeared Nivin S MacMillan wife of W Duncan Ma�Mi 1 lan know�n to me to be the person(s) described in and who eYecuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ::�;�r � ,ti�'id"' R�C�A 3.HO�K3T'RA ��++{�. NO'fAFtY PUBIIC-Ap NNE�C7TA � - ��.� No ary Public swnn� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of GG7�� _, 199� before me a Notary Public within and for said county, personally appeared John H. MacMillan zv l:nown to me to be the person(s) described in and who executed the foregoina instrument, and ackno�r�ledged that he (they) executed the same as his (their) free act and deed. C�� /1 Notary P lic /�--� Cv^�l'�.I�5Sr c;`L � ��5 Paae 4 of 6 � -�� D/ . ` ' Exhibit A � DESCRIPTION FOR: W. Duncan MacMillan � ,� ;,� � 62200-004 SCHOELL 8�MADSON, INC. - Engineers+Surveyors+Planners Soii Testing ♦ Environmental Services — — 10580 Wayzata Bivd. �,�� Minnetonka,MN 55305 � �� 612/546-7601 Fax:612-546-9065 I Driveway Easement A 40.00 foot perpetual easement for driveway purposes over and across the following described property: The Northeast Quarter of the Southeast Quarter of Section 3, Township 117 No�th, Range 23 West of the 5th Principai Meridian. The centerline of said easement is described as follows: Commencing at the southeast corner of Lot 2, Block 1, HI-ACRES TWO, according to the recorded plat thereof; thence on assumed bearing of North 89 degrees 58 minutes 03 seconds East along the easterly extension of the south line of said Lot 2, a distance of 116.00 feet, to the point of beginning of the center line to be described; thence North 00 degrees 01 minutes 57 seconds West a distance of 6.00 feet; then northwesterly a distance of 31.45 feet, along a tangential curve concave to the southwest having a radius of 57.50 feet and a central angle of 31 degrees 20 minutes 00 seconds, to a point of compound curvature; thence northwesterly and westerly a distance of 152.50 feet, along said compound curve concave to the southwest having a radius of 187.50 feet and a central angle of 46 degrees 36 minutes 00 seconds and said centerline there terminating. Date: August 12, 1999 Theodore D. Ke na Land Surveyor MN. Lic. 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