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Home My WebLink AboutRe: neighbors CUP �o �� 1�b5 �.y�n�m L�v�uuuu� �ayr.�4a, �nmane��d� ��I �%�,� '�-� / � .,�.,�,� s�� .��-, � � �� -�'�� -�� '�-`�'"��' ,�-�-'�� -'.�-C��-�-'�' . � =�� .�� -�, �.-�,�-� ,�� ,��=� , � � ��, ��c�'� �7� ��`��o— � � P t/ ��'�� ,�.,��-� �� `� �, , ��--� ��-� � ''` �� c R /�/�_ Y �� j � `` .'"� � L�{`r��G�.r� .�i1�`� `��" _ � '/�*�/'1Ts� y ( / "— V � �� G� �� .�� r ;;�'cmo� ' +;! o�oHo � _,:� -��o� D r�� z��, Ci. Paul Peae� �� iz3s L� Avenae � �� '1Ta�ata, Mianesota 65391 ��` Oy'-r ' G��.-�j a-��-�' � . �� °�� J �� ' � � , - / „ . �� ,�� /%��`'� Q �� j�� . `e° ` �� `� .� -� .s ,�.=' '�� " �'`�a �-� ..�' t�� -�a �ay"�� °''"`� � . . ,�'� � G►'� � �� ^ �� - - � �-� �� . �� - ,��= ,�� ' ,� ��' ,�,,,`k' ,. �� -c.��-� ., ��,.L,z �-� ✓� R,� �� ,��<1-�� ?`� �� _ , �� ' �` — �,. ,�,-��.�-.-� - ,-- � •�� `/!'t-Gt- , <�� •�t 'G/�'�••�. �,�'i� �''-�� .�� ., J { .��i.� .. _� . . - - �.--- 55��4�0 � �. Cit� of O�,ONO RESOLUTION OF THE CITY COUNCIL � NO. 2560 s - • � 4�r�i�i5:=��3 �Z!`6�R�33 OEPT.OF PRO?ER?'�:'•j�&PU3LlC REC"�GS � � A RESOI.IITION GRANTING � A CONDTIONAL IISE PERMIT / r�jCC � � • • PER MiJNICIPAL ZONING CODS BY D�PU"� SECTION 10.20, SUBDIVISIONS 3 (1K) FII,E #1355 WE�tc$AS, nenneth J. wesseis (nereinafLer "tne appiic:ant") is �he owner of property at 1245 Woodhill Avenue located within the City of Orono (hereinafter "City") and legally described as Lot 5, Block 1, Woodhill Ridge, Hennegin County, Minnesota, (hereinafter "progerty"), and WHBREAS, the applicant has made aplication to the City of Orono per Municipal Zoning Code Section 10.20, Subdivisions 3 (M) to permit the installation of an independent radio and antenna structure at a maximum height of 60' to be located 165' to 370' from all interior lot lines. NOW, THEREFORE, BE IT RSSOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This apFlication was reviewed as Zoning File #1355. 2. The progerty is located in the RR-1B, Rural Residential Zoning District requiring a minimum of 2 acres in area. 3 . The property is a�proximately 2+ acres in area. 4. The Croaa Planr.ing Cr^.:.^._T.'s�ion reviewed this application on November 21, 1988, and recommended aperoval of the conditional use permi� per Zoning Code Section 10.20, Subdivisiar. 3 (M) , based upon the f o 1 lowing f indings: A) The location of the proposed antenna structure at 60 ' well exceeds the required setback from all property lines with setbacks ranging from 165' to 370'. B) The visual impact of the antenna structure is lessened by the adjacent house structure and existing mature trees. C) The antenna structure, while not in use, will be lowered to the tree levels, thereby lessening the impact uFon the adjacent residential properties. D ) A licensec3 engineer has certified structural soundness per specifications for installation of the free standing antenna. Page 1 of 4 � � c�t o� oR,oNo . � RESOLUTION OF THE CITY COUNCIL � NO. 2560 • - • a 5. The City Council finds that qranting a conditional use Fermit to allow the antenna structure at 60' in height 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 neiqhboring properties, nor will it depreciate surrounding proFerty values and that the proposed level of use of the property will be in keeping wizh the inzent and objectives of the Zoning Code and Comprehensive Plan of the City. CONGLIISIOI�S, ORDBR AND CONDITIONS _ Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional IIse Permit per Municipal Zoning Code Section 10.20, Subdivisions 3 (M) to allow the installation of a free standing antenna at a maximum heiqht of 60', subject to the following conditions: 1. The permit is issued for the sole amature use of the applicant while he owns the property. 2. The antenna structure must be dismantled and substructure/footings to be filled when the applicant no longer resides and/or owns the property. 3. IIpon the City's issuance of a Certificate of Occupancy for the principal residence currently under construction, the apg licant must obtain a building permit for the installation of the antenna structure. 4. The applicant is advised that when planning for the utilities to the residence currently under con�truction, that the utilities be installed away from the proposed antenna site. 5. Per specification sheet submitted with Fermit application, the City shall ask that the anti-climb sections be installed to prevent unauthorized persons from entering the property and climbing the 60' structure. Page 2 of 4 � � Cit of ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 2560 s - • • � 6. The applicant is hereby advised that this conditional use permit shall be in effect for a six (6 ) month period commencing at the date of the final inspection for the antenna structure by the Orono Inspection Department and upon satisfaction that all reported interference problems experienced by the neighboring property owners have been alleviated that the City shall automatically issue a per::�anea� C�IIui��CI'ic3 i L'►S8 Z.��.T.Zt f O� �17� OFS�B+�O?7 Of a radi0 transmitter/receiver with independent antenna structure, and that Council further directs staff to send a written notice to all neighbors within 350' of said antenna structure on the effective date of this conditional use permit with appropriate names of peogle to conta�t in cases of interference. 7. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by apF lication for a building permit for the installation of an antenna structure within one year of the date of Council approval or the special conditions of this resolution will exFire on that date (December 12, 1989). 8. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shal 1 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 9. 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. .�:r�,Ado.p�ed by the Orono City Council on this 12tn day of December, 19 8 8. �.��"'",", ,, = .��,, ` ,.. �, : , ATT �ST:�� , .;� �'%:��, : ' i ;�?t,,��;:c`. . ..L �s', ` .jJ w� . �` �, ..r /1 \ ( ,� `� 1� 3 •' ' C O ' _�'��`�111�, / `%��/ ��' ., ' ot - �- a1�: .:�ity Clerk James R. Grabek, ayor ��, `�`t� � ap�� : � �!V^�. Q�., , , -f // / � �• "�.t��"' C� ✓ , � '�7 �• �, ,il . CL Property'- Owner( s ) � � , , Page 3 of 4 � � cit o� oR,oNo � RESOLUTION OF THE CITY COUNCIL � NO. 2560 s • s • STATE OF MINNESOTA ) ) ss. COUNTY OF FiENNEPIN ) On this � day o f � X-� �N?�� .► � . 19 8� before me ary Publ ' c� ith' and fo s id county, personally appeared � known to me to be the peyson s) desc=ibe _n and who executed the foregoing instrume , and acknowl ged that he (they) executed the same as his (their) free act and deed. G � Charlotte A. Knutson NOTARY POBLIC �� NOTAAY PUBUC - MINNESOTA � ` HENNEPIN CO�NTY - MY cortimhqon expites 7-1�90 �- �� MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On t is � day of _ -�=�y:� -��r � 198r , before me a o ary_Public withi and for aid County, personally appeared , known to me to be the pe son(s) descr" ed in anahen�they) execut d rthe� sametas� his d acknowle ged tha� (their) free act and deed. l/ G�/- NOT Y PUBLIC �;:. Charlotte A. Krtutson �_ /�i�� + NOTARY PUBUC - MINNEgOTA _ r �'`�'^'"��nj�� riY COMMISSION EXPIRES �:=:� : Page 4 of 4 . • ,r.�y • STATE OF MIHNESOTA ) . ) COONTY OF KENNEPIN ) ) CITY OF ORONO ) � I Dorothy H. Hallin, City Clerk of the City of Orono � Hennepin County. Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono .,��;: ��e aribi.^.al rsc�rd a: su�n resaiution in �he Hinute.s of tne proceedings of said City Council at a meeting oi said City Council held on December 12 , 19 88 , and that the same is a true and correct copy af said resvlution was duly adopted by said City Council at said meeting. • � In Witness Whereot', I have hereunto set my hand and seal thfs 28th � day of December � . 19 88 . � , ,.;��'�' �'�w'.C� = Dct�othy M Hallin, City Clerk _ .��r= '.`�� =�'��. �j�,=-.: r,::� ,.r.� 1.��1�� .�: f'':•'rr,:; ..y�y ;:�r �:.:..� .aa.-0,:-x..•' � � •��i•• '�:0 .:.,.G�I�i,;. _ :d�i'��I..j , ' �� $E;AI;,,�1 - ��":�>-�;'. :'�a:�.-�l�V •,• ;�Qi':t. � �.��,�+` L � 1��,`t' � � .. . _ .. �.. . �...�..x+.ti...�::...e�,- :0::�._'_ .. . �.« � . �. . . . ,{ ,�l1J,A�'� ::�... ,:.�•. - ��'' • , • , .::�- ,, �_ . .,_ � MINtJTSS OF THE ORONO COONCIL 1�ETZNG OF DECEMBER 12, 1988 ZONIDiG FILE #1352-SCHOEN CONTINQ$D line rearrangement. Mr. Hartfield explained that between the wetlands on the Schoen property and Mr. Jacobs property line is a one acre parcel of dry buildable land owned by Mr. Schoen. The property is contiguous with the Jacobs property and will be useful to any persons buying and building on the Jacobs property. It was moved by Mayor Grabek, seconded by Councilmember Peterson, to adopt Resolution �2558 , approving the lot line � �rearrangement for Charles Schoen and Sheldon Jacobs. Motion, Ayes=5, Nays=O, Motion passed. #1354 MBRKOW/CHARLTON 2340/2380 ABINGDOA WAY j,0'�+ j,Iiij$ RFARRA]�GE�N'1' R1;SOLIITION #2559 The applicants were not present for this matter. City Administrator Bernhardson explained that this lot line rearrangement would leave both affected properties with the same amount of land. The lot line is being reconfigured to allow expansion of the Merkow front yard and their driveway to be located further west. It was moved by Mayor Grabek, seconded by Councilmember Nettles , to adopt Resolution #2559, approving the lot Iine rearrangement for Mr. Merkow and Mr. Charlton. Motion, Ayes=S, Nays=O , Motion passed. #13 5 5 �CENN'STH WSS S$LS 1245 WOODHI7,L AVSNOE CONDITIOPAL DSS PBRMIT RESOLDTION #2560 ' Mr. Wessels was not present for this matter. A brief explanation of this application was given by City Administrator Bernhardson. Mr. Wessels was requesting approval to insta l I an independant antenna structure approximate ly 6 0' high. The antenna will have a retracting feature and will be lowered to a height of 35' when not in use. Due to concerns stemming from problems that occurred with a similar situation, the Planning Commission recommended that the conditional use . permit be reviewed in 6 months. It was moved by Councilmember Callahan, seconded by Mayor Grabek, to adopt Resolution �2560, approving the conditional use permit for Mr. Rennth Wessels, for an antenna structure. Motion, Ayes�S , Nays=O, Motion passed. 11