HomeMy WebLinkAboutResolution 2901 y •
�
� ��{ �S'��'�"� C�i�� �� ��o��
�a�
ll �
°n.��; F� ,-.�{^�-
�{��u ��� RESOLUTION OF THE CITY COUNCIL
���.�. .
�- �:
�a- NO. 2901
� -�a� .�
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE #1591
WHEREAS, Orville Fisher (hereinafter "the applicant")
is the owner of the property located at 3300 Fox Street within
the City of Orono (hereinafter "City" ) and legally described as
follows :
Tract A, Registered Land Survey #727, Files of Registrar of
Titles, County of Hennepin.
Tracts C and D, Registered Land Survey #1358 , Files of
Registrar of Titles , County of Hennepin (hereinafter
"property") ; and
WHEREAS, the applicant has applied to the City of Orono
for a conditional use permit to permit land alterations
involving more than 100 cubic yards of material and outside the
normal scope of a new residence building permit, pursuant to
Municipal Zoning Code Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1591.
2 . The property is located in the LR-lA Lakeshore
Residential Zoning District.
3. On November 19 , 1990 , the Orono Planning Commission
reviewed the application as proposed and recommended
approval on a vote of 6-0, finding that the proposed grading
work is generally necessary for the redirection of drainage
and protection of the mound sewage treatment system.
Redirection of the drainage will tend to reduce the impact
on neighboring properties of additional run-off created by
the new residence.
4 . 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 effect of the proposed use on the health, safety,
and we 1 f are of the community.
Page 1 of 4
��� C�t of O�ONO
: , �,
��'a,-� a "�
^x �r '.�..-'
:'^
t�'�9aU+'�`'.� ,4` ;'
,�'�s:,"��'�"�>�� �
� ��� ti RESOLUTION OF THE CITY COUNCiL
,, �
'�_�
`�"''� 2 9 O 1
oi NO.
• - �I '`a
5. The City Counci 1 f inds that granting a conditiona 1 use
permit to allow the proposed land alterations will not 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 leve 1 of use of the property wi 11 be in keeping
with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a conditional use permit pursuant to
Municipal Zoning Code Section 10.03 , Subdivision 19 to permit
grading and filling work in excess of 100 cubic yards and outside
the scope of the normal building permit grading approval, subject
to the following conditions:
l. Absolutely no grading work will be allowed in the 0-75'
lakeshore setback zvne.
2. Grading work shall adhere to the approved plan attached
hereto as Exhibit A, with the following stipulations:
A) The swales around the mound system must carry a 2$
or steeper grade to minimize the possibility of
standing water adjacent to the mound.
B ) The swale along the west lot line shall be
constructed to keep the majority of the drainage on the
site.
3. Upon completion of the grading, applicant or applicant's
contractor shall provide appropriate erosion control
measures as may be required by the City Inspector, to be
maintained until such time that the graded area is
revegetated.
4. Applicant or applicant's contractor shall obtain the
necessary grading permit prior to commencement of this
project.
5. 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.
Page 2 of 4
. . ,
����� �� � �� C�t �� 0.�,�1�T�
4G".n� � X_�_. �
�^d:�`� `,�;�
;r.a
Y��e'Ce�s>S? � .�
-�-•-�--� ' RESOLUTION OF THE CITY COUNCIL
�•� �, �•.;�:�
o ;��..^� � NO. 2901
4�-.
.•C,j,r'}.
:.',�_
e+1���..'a_�;..�..,
6. The undersigned owner has read, understood and hereby
agrees to the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of
the property.
Adopted by the Orono City Council on this 26th day of
Nov mber, 1990.
AT ST:
� / � �
� � �
.enthy allin, City Clerk James R. Grab,e k, Mayor
; ; � Edward J. Ca�ilahan, Jr. , Acting Mayor
/ � �' V
�,� ` � � ��
�f�
Property Owner(s ) •
STATE OF MINNESOTA )
) ss. Edward J. Callahan, Jr.
COUNTY OF HENNEPIN ) Acting Mayor
The foregoing instrument was acknowledged before me on
this ?A���i��ay of November, 1990 , by ya�►'��fR'.�,��'�i�e'�l & Dorothy M.
Hallin, yor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
��,u„C�; �i� %,`l�Z-J
Notary Public
LINDA S. VEE
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
- My commisslon explrea 8-12-68
Page 3 of 4
,
� �� �3 ; � ���� �� ���IiT�
�.� �:
� � �:
c;r',.�'�.n k�i ..e z;�
�s_i�iik2Xc�N.`re;:3`.'�-,t;:.
�` �' RESOLUTION OF THE CITY COUNCIL
�`T� = 2901
� NO.
::.�,. �,_
� �
�'; �i a.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this IJ� t� day of ��C.���� � �r 199 C
before me a Notary Public within and for said county, personally
appeared �;/'��,�1/�. E. Y,'S h � r'' , �r, 'C� /e Ou�,-t F r�
known to me to be the person(s) desc�ibed in and who executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
-���� � ��
LINDA S. VEE NOTARY PUBLIC
3, NOTARY PUBLiC - MINNESOTA
HENNEPIN CUIiNTY
�:f My commiss�on expires &12-96
/�% , n / %9�,
��'���� / n �
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, personally appeared
known to
me to be the person ( s ) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 4 of 4