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Home My WebLink About#3890-CUP-1997 , � s�3�1s7 � � °� � � 0 0 � � � � CITY of ORONO ; �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESfI�4� NO. � � � Q � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDNISIONS 19 AND 20 FILE NO. 2226 WIiEREAS, John and Susanne Koob (hereinafter the "applicants") are the qwners of the properry located at 3065 Jamestown Road within the City of Orono (hereinafter "City,") and legally described as follows: , Lot 5, Block 1, Liberty Acres, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for a conditional use permit per Municipal Code Section 10.03, Subdivisions 19 and 20 to permit the construction of'a 350' long berm 10' high to be located along their easterly properry line where a conditional use ipermit for fill is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of tJrono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2226. I 2. The property is located in the RR-1B Single Family Rural Residential �Zoning District requiring two acres in area. � 3. The Orono Planning Commission reviewed this application on Apri121, 1�97 and recommended unanimous approval of the proposed conditional use permi�, based upon the following unique findings: � a. The elevation of the property is located approximately 10' below the adjacent school property. � � TRANSF�R ENTER�D �iN6tIN COIN�TY Tl1�PAYGR�10�6 Page 1 of 4 MAY 16 1997 �i i,� � :.. BY DIkPUTY ,� . , � . � O� O O , CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`9$E gpg'�'G NO. � c�� S b. The property is impacted by noise from the school's athletic fields. c. The proposed berm will not negatively impact drainage on the property or adjacent property. d. The applicant has secured permission from the school to provide truck access through the school property. e. The City has received no comments from the property owners notified of � the proposed berm. 4. The City Council finds that granting a conditional use permit to allow the installation of a berm 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 property, 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a conditional use pernut per Municipal Zoning Code Section 10.03, Subdivisions 19 and 20 to allow for the construction of a berm 350' in length and 10' in height to be located on the easterly p:operty line where no such activity is normally allowed. The above conditional use permit is subject to the following conditions: - 1. The berm shall be constructed at a 3:1 slope. 2. The berm shall be landscaped with grass and trees when completed and seeded during construction to prevent erosion. 3. The applicant shall update City staff annually as to the progress of the berm construction. The applicant will have 30 months to construct the berm from date of fmal approval. Page 2 of 4 � °� �� 0 0 b CITY of ORONO � � � �� G'�' RESOWTION OF THE CITY COUNCIL �9'kESH�g'� NO. _ e� � � � 4. Authorities granted by this resolution run with the property not with the owners, but are pernussive only and must be exercised by application for a land a�teration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (Apri128, 1998). 5. `Jiolation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall autorrlatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � 6. The undersigned applicants and property owners 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 resolutiorn in the Ghain of Title of the property. Adopted by the Orono City Council on this 28th day of April, 1997. ATTES��-� ' S�a: ,�. ., ��,, -�' �/�'`��, `� � :;,, ,�r1,:�..�� '�, Y* .', �,��n,, �I R, � � t G, �. r � ' �` ' �-- � 't:•.'r j r . �.. .� tiv -.1 . L r:}' .. , ..,,` �. r t-< <. ° '�n� � '' � , . �; ` �e T '+ �� '�. �� D � y�VVIs� ii�x City Clerk Gabrie Jabbour, Mayor 4 ,,, .`"f ` ■ � � 3.�y r,y ",! t� . '. ��.�i :.�i:+ .'�'Yi £,... . �.�.`� 4 �:�� ... ��•' � � 1 • .S�!ll .t�::'-Ct—,-,�)�..e.- 'j�.('---�� ', _ � Pro e Owner(s) Page 3 of 4 � °� . o 0 , CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL ��`q.kE xp4�'G NO. � � � � S STATE OF NIINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of April, 1997 by Gabriel Jabboui and Dorothy M. Hallin, 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,tIASEMAN V • "' � NOUIRI►PI�UC-IN�1i�ESotl► ' I�IN C4UNTY /� : � •• Myli�IM�lon b�s J�:31.2�00 ��o� C,/•�� o�.��_.�r.�� Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /.��" day of ��;, , 199 7 , before me a Notary Public within and for said County, personally appeared�j�,{,N (�,�.b �r 5��.,nP K�!h�-��:,��.ti-: �. kno�vn 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. CAROLE A HASEMAN G '� NOTARY PU�IC-MINNESOTA � � HENNEPIN COUNTY �'�.►-�'O, ' ' . ��"��.�,•� �`"••'r My Commission Expires Jan.31,2�00 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 ttre same as his (their) free act and deed. Notary Public Page 4 of 4 j ' .: � i' „ / ' . 1 RESOLUTION #_�� - � � � . ` STATE OF MINNESOTA ) , ) ' � COUNTY OF HE�tNEPIN ) ) CITY OF ORONO ) . , . ' I, Dorothy M. Hallin, Ciry Clerk of the City of Orono, Hennepin �ounty, 1Viinnesota, do hereby certify that I have compared the foregoin� copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minute� of the proceedings of said City Council at a 19 eetinand of�ts�e same is a truel and�corr ct Ap x i 1 2� . �.Z� copy of said resolution duly adopted by said City Council at said meetin;. In Witness Whereof, I have hereunto set my hand and seal this ' 7th � _� day of Mav ' 19-g�--' �, ; ,� __%``/ • � orothy M. a , City C erk , ` �,�, �,,� r r , 7� ,c ,�' �, + . . �� , =�5�� '.` ` ;-� � � fE �:• ,� ':r r . . � � . ,. ...(/ 'w �1 � .. �I. � y' �' s^, t 3 � t�,:r r' �i Ej�b� ,,:F.. �� I� . � ,. >' � � i HINSHAW & CULBERTSON �� P�FR IAFFRAY TOWER BFI.LEVILLE.ILLINOIS SUTIE 3200 FI'.LAUDERDALE.FL40RIDA BLOOMINGTON,ILL[NOIS ��NINTH S7REET JACKSONVILLE.FL�RmA CHAMPAIGN,ILI.INOIS MINNEAPOLIS.MINNESOTA 55402 MIAMI.FLORIDj1 CH[CAGO.QJ.INOIS TAMPA.FLOR�A JOLIEf,1LI.INOIS 6123333434 MUNSfFR.INDIANA LISLE.ILI.INOIS ST.LOUIS,MISSOURI PEORIA.II1.INOIS APPLEI'ON,WISCONSIN ROCKFORD.ILI.INOIS BROOI�I.D.WISC�NSIN SPRINGFQi1.D.II.LINOIS 7Ef-8'AX:612.334.8888 LAKE GENEVA,WISC'UNSIN WAUKEGAN,ILLINOIS MII.WAUICF.C.WISCdNSIN June 18, 1997 ' WRIIFR'3 DatECf DIAL NO. F�.E NO. 295-0660 364�-047 a CI��F D ppONO �� City of Orono '' ATTN: Liz Van Zomeren '�uN � $ 1Q�� , 2750 Kelley Pazkway � Crystal Bay, MN 55323 ' Re: Recorded Resolutions Dear Liz: Enclosed please find attested copies the following resolutions which have been ' recorded the Hennepin County Registrar of Title's office: 1. Resolution No. 3888 (Your File No. 2217) recorded May 16, 1997, as ' Document No. 2810770; and 2. Resolution No. 3719 (Your File No. 2098) recorded May 1, 1997, as Document No. 2806744. I have also enclosed the following resolutions which have been recorded in the office of the Hennepin County Recorder: ' 1. Resoludon No. 3886 (Your File No. 2205) recorded May 16, 1997, as Document No. 6734166; ' 2. Resolution No. 3887 (Your File No. 2214) recorded May 16, 1997, as Document No. 6734164; and , 3. Resolution No. 3890 (Your File No. 2226) recorded May 16, 1997, as Document No. 6734167. ' 26722140776 6/18/97 p PARTNF]LSFiIP 1NCLUDING PROFFSSIONAL CORPORAT[ONS City of Orono 7une 18, 1997 Page 2 Upon your receipt of these recorded resoludons, please do not hesitate to contact me if you have any questions. Very truly yours, � Nancy L. Chadwick Legal Assistant Enclosure cc: Thomas J. Radio, Esq. 267R2140776 6/18/97