HomeMy WebLinkAboutReso 4083 t�. .
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
L9kESH�4� NO. � � R �
A RESOLU'I'ION GRAI�TTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISIONS 19-21 AND
SECTION 10.55, SUBDIVISION 4 (B)
FILE NO. 2371
WHEREAS, Timothy J. Line and Lorie Line (hereinafter the "applicants") are
the owners of the properiy located at 4415 Forest Lake Landing within the City of Orono
(hereinafter "City") and legally described as:
Lots 13 through 17, Tonkaview Gardens, Hennepin County, Minnesota
(hereinafter "property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on May 18, 1998, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for a conditional use permit
to Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivision
4 (B) to permit alteration of a lakeside yard to allow 50 cubic yards of cut and fill in the
floodplain.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS -
1. This application was revie�ved as Zoning File #2371.
2. The property is located in the LR-1B Zonin� District, One Family Lakeshore
Residential District �vhere 1 acre or 43,560 sq. ft. is the minimum lot area. The
property consists of 1.27 acres or 55,500 sq. ft.
3. The Plaiulin� Commission reviewed the application on May 18, 1998, and
recommended approval on a vote of 5 to 0.
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4. The Planning Commission made the following findings of fact: �
A. The lot conforms to the minimum zoning requirements for the LR-1B
district.
B. The property is located on a peninsula. �
C. The property contains unique topographical constraints. II
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D. Surface runoff from 25.2% of the total hardcover is treated in a drainfield
area.
E. The land alteration will balance the cut and fill in the floodplain.
5. The City Council finds that granting a conditional use permit to allo�v the
redistribution of 50 cubic yards of fill on the property ��ill 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 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.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed conditional use permit 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
and Section 10.55, Subdivision 4 (B) to permit alteration of a lakeside yard located on a
peninsula in the floodplain by scraping 1" from the lawn and redistributing above the 934.5' �
elevation. Approval �vas subject to the following conditions: i
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�� �'� � RESOLUTION OF THE CITY COUNCIL
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1. Review and approval by the MC`VD.
2. Land Alteration not to exceed 50 cubic yards as proposed in Exhibit A.
3 Authorities granted by this resolution run ���ith the property not �vith the owners
but are permissive only and must be exercised by application for a land
alteration permit within one year of the date of Council approval or the special
conditions of this resolution will expire on that date (May 26, 1999).
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. '
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 26th day of May, 1998. "
ATTEST:
� � �/ ���_
,�.. � .�..� �_ �.. -_-,
Linda S. Vee, City erk Gabrie Jabbour, Mayor `
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Property O�vner(s
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�� �'�' RESOLUTION OF THE CITY COUNCIL
��`9kESHOg'� NO. �:. . . =
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of May,
1998 by Gabriel Jabbour, and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
.,�..�-
'� CAROLE A HASEMAN
s� � N07AAY PUBIIC-MINNESOTA �' ��
, �"',.:�:•'
,� HENNEPIN COUNTY '`��j' a,(1. .��4t_�����.��
My Commjssion Expires�an.31.2000 Notary ?ublic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �-I"h day of ��ne_ , 199� before me a Notary Public within
and for said county, personally appeared f�n,� �.J; �;„P� �or;� �;r,�,.����/�
known to me to be the person(s) described in and wTio executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed. �
.�
' :,�.���.., CAROLE A HASEMAN
� NOTARYPUBUC-MINNESOTA � n /;1 ��
'�. HENNEPIN COUNTY /1� Mp� (,� i,�zP yy���
My Comm�ssion Expires J�n.31,200o NOTARY PUBLIC
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
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