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Home My WebLink About#4365 - CUP-1999 . � . �— /.�, O ,�. O O �, C ITY of URONO � �',� 4 G'ti RESOLUTION OF THE CITY COUNCIL t9 4�4' N 0. � � :r� @; kESHo A RESOLUTION GRANTING A C0�IDITIONAL USE PERNIIT PER `IU�IICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19-21 FILE #2524 `VI-IEREAS, W. Duncan MacMillan and Craigbank Associates, (hereinafter "the applicants ) are the o�vners of the properties located at 1700 FoY Street and 1820 Fox Street �� w�ithin the City of Orono (hereinafter "City") and le�ally described as follo�vs: Lot 2, Block 1, HI Acres Tw•o, Hennepin County and that part of the Northeast Quarter of the Southeast Quarter of Section 3, Tow•nship 117 North, Range 23 VVest of the Fifth Principal Meridian, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, 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 gradina w�thin 5' of the property line for relocating a driveway 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: FINDIti'GS l. This application �vas reviewed as Zoning File #2�24 for property located at 1700 FoY Street and 1820 FoY Street. 2. The property is located in the RR-1B, One Family Rural Residential ZoninQ District. 3. The property o�r�ners of 1700 FoY Street will file an easement in favor of the 18?0 FoY Street property for the purposes of access. 4. The eYistin� driveway is at a 13% slope without a sianificant landing to Fox Street. The new drive would begin at 2% for the first �0' and then an 8% drive �vould continue to the house. Paae 1 of 6 i- �� 0 0 �e. - C ITY of ORONO � Fi "� RESOLUTION OF THE CITY COUNCIL �t`4kESH�4`'�G N0. � � �J � _� 5. The easement is 30' in width (legal description attached as Exhibit 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 �reater than 500 cubic yards will not be detrimental to the health, safety or general �r•elfare of the public, will not adversely affect light, air nor pose a fire hazard or other danaer 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 includin� 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, saferi-, and welfare of the community. CO�'CLUSIONS, ORDER A��1D CONDITIO\S Based upon one or more of the above findings, the Orono City Council hereb�- 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 FoY Street property. 2. The existing curb cut located on the 1820 Fo� Street property shall be closed within 30 days of completion of the eristin� 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 wzthin one year of the date of Council approval or this conditional use permit �r�ill e�cpire on that date (October 11, 2000). Pa?e 2 of 6 i�� / O� / � \ � � ��, �, - ,; CITY of ORONO � � - \� G'� � RESOLUTION OF THE CITY COUNCIL ,Z �i �_ - .-, ��kESH��` NO. . Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zonin� Code, shall automatically ternlinate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby ajree 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 � � ATTEST: ., i / > ;% %/ ; �'//, �� i/// � � � ,� ��,. �G2 � , ,:-��,;F_��; � _ L,inda S. Vee, C�tiv Clerk Charles Kelley cting, May I�ivin S. Mac�ii lan x - � W. Duncan Mactitillan, husbar.d & wife, s��'' W� �t�.,� M Property Owner(s� of 1820 ox Street Craigbank Associates By its General Partners: Partnership Hol�ings, LLC � �1, Duncan Macrtillan 1982 Trust ��Trust Property O��ner(s) of 1700 Fox Street STATE OF NIINNESOTA ) ) ss. COUNTY OF HEI�'�1EPIN ) The foregoing instrument was acknowledaed before me on this l lth day of October, 1999, by Chazles Kelley and Linda S. Vee, Acting Mayor & City Clerk of the City of Orono, a l��innesota municipal corporation and said instrument was executed on behalf of the City. �—._�- -6-`=.�.�-==�.; /' / ��•.�,. CA.FO�/�E{ A,.N��r.�:+,-:�1� ,,:; �i t.��. (1 ��a1nr.1,� �� .. !,,' �I�J�r'��I fUi.�• �'.l' 4C.'I!1 � ; � . . h:. .'F.F l cc_� -� ' Notary Public � . , _ '�_�. .,.'��_ ' ''. ._.. . l Page 3 of 6 /,;�� /O O � �.e - C ITY of ORONO � � �,�, G"� RESOLUTION OF THE CITY COUNCIL ��kEs_H—� NO. � R:;� s� � STA1 E MINNESOTA ) ) ss. COLTiVTY OF HENNEPN ) On this 13th day of october , 199 4 before me a Notary Public within and for said county, personally appeared w. Duncan MacMillan, huchanrl nf v;,,rlac�.Ii�1an kno�vn to me to be the person(s) described in and who esecuted the foregoing instrument, and acl:nowledged that he (they) executed the same as his (their) free act and deed. r,ts+'r'� , � ��=��, ��cca,s.No�xs�a / �r;:,�;,,�,+ � � .'�,,:w..� NOTAR"" .MINNESO'fA � -�-,��,'' ►.y c«�„��:;��+.a000 N ary Public iY��,^?";•��+1�J'VWVWVW1/� �. STATE OF MIiVNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 13th day of october , 199 9 before me a Notary Public within and for said county, personally appeared Nivin S MacMillan wif e of w D�ncan rra��r;�lan l:no��n to me to be the person(s) described in and who eYecuted the foregoin� instrument, and ackno�vledged that he (they) executed the same as his (their) free act and deed. :r�'�� y�.�p �y�y��A / ti �/�' � ►�GOGVW�J.I'M1,JCM1�7�I\M ,�� N�TAF21'PUSLIC-�IINNE�UfA � :.�t'Y° C1'f �' `�' ��+.�� No ary Public e1YM STATE OF MINNESOTA ) ) ss. COUNTY OF HENI�,'EPIN ) On this �S� day of �� _, 199� before me a Notary Public wzthin and for said county, personally appeared John x. rtac.�illan zv !:no��n to me to be the person(s) described in and ��ho e�cecuted the fore�oing instrument, and ackno�vledaed that he (they) executed the same as his (their) free act and deed. � Notary P lic � /�l.-1 C�y�1,U�S Sr�� jc-� �'�5 Paae 4 of 6 � �>� �o/ � Exhibit A � �� DESCRIPTION FOR: W. Duncan MacMillan a � ;.� � 62200-004 SCHOELL 8�MADSON, INC. Engineers+Surveyors 1 Planners Soil Testing♦ Environmental Services —___— 10580 Wayzata Bivd. � Minnetonka,MN 55305 ! �� 612/546-7E01 Fax:612-546-9065 Driveway Easement A 40.00 foot perpetuai 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 Principal 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 i 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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