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Home My WebLink About#4087-CUP-1998 n *_� .. , ,__.� , � O� O O : , C ITY of ORONO � � ti �,� G'� RESOLUTION OF THE CITY COUNCIL t9 4��' NO. � � � �' � kESI3� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MiJNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19-21 AND � SECTION 10.55, SUBDIVISIONS 8-14 " FILE NO. 2374 WI�REAS, Busse Construction, on behalf of the City of Orono (hereinafter the "applicant") for the property located west of the McCulley Road and north of the Luce Line Trail within the City of Orono (hereinafter "City") and legally described as: That part of the Northwest one-quarter of the Southwest one-quarter, Sec. 31, T 118, R 23, that lies northwest of McCulley Road, 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 applicant has applied to the City for a conditional use permit to Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions 8-14 to pernut raising the grade of the parking lot 10' by adding 23,200 cubic yards of fill. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS _ . 1. This application was reviewed as Zoning File #2374. 2. The property is located in the RR-lA Zoning District, One Family Rural Residential District, where 5 acres is the minimum lot area. 3. The Orono Planning Commission reviewed this application on May 18, 1998 and recommended approval on a vote of 5 to 0. Page 1 of 5 � � � � O� O O : . CITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL �kESIIOg' _ NO. .� � .� �;. +� 4. The Planning Commission made the following findings of fact: A. The subject property is located adj�acent to a wetland and provides maintenance vehicle and walking access to the Luce Line Trail. B. The City of Orono uses this area for snow storage. C. The proposed berm will not interfere with sight lines for vehicular traffic or future septic systems. 5. The City Council finds that granting a conditional use permit 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 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 fmdings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 pernut per Municipal Zoning Code Section 10.03, Subdivisions 19-21 and Section 10.55, Subdivisions 8-14 to pernut raising the pazking lot by adding 23,200 cubic yazds of fill. Approval was subject to the following conditions: - � 1. A silt fence will be installed to protect the wetland. The wetland edge shall be delineated and a 26' buffer shall be maintained. 2. The fill height at the southern end shall be 4' below the road and will increase to 6' above the road at the northern end. Page 2 of S A 1� ti '. � O� . O O -. b CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`4kE �Ip�'�'G . N� � '�- �3 ��s, S 3. The proposed driveway will be limited to a maximum 4% slope. 4. The maintenance vehicle and walking access to the Luce Line Trail shall be 12' in width and limited to a 5% maximum slope. 5. The fill shall be compacted and graded to provide adequate drainage and to allow for heavy vehicle movements. 6. The top 3' of material shall be compacted to 100% of standard proctor density. The material below the top 3' will be compacted to 95% of standard proctor density. 7. The applicant shall be responsible for payment of costs to an independent testing laboratory for density testing. � 8. Top soil shall be placed on the berm and the berm shall be planted with grass seed for erosion control. The proposed fill area shall have a 20' wide buffer strip around the edge with 4" topsoil and seed. The slopes shall be top soiled and seeded to prevent erosion. _ 9. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration pernut within one year of the date of Council approval or the special conditions of this resolution will expire on that date (May 26, 1999). 10. 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 punishab�e as a misdemeanor. 11. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of itself, its heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 r � � � O� • O O , CITY of ORONO � ti � � G'� RESOWTION OF THE CITY COUNCIL L9xESI'i�g� NO. r'�1, i:`r , ;. :<� Adopted by the Orono City Council on this 26th day of May, 1998. ATTEST: � � /� � �„. v�� Linda S. Vee, City Clerk Gabrie Jabbour, Mayor � ; G�`` Property O �$)�i'�'� �7hi�11��l1�fCt US�.Y� l.[��;�tit*CtiC)1 �i)!'iti �R/�Q�j,�� ✓ �r �i�y o"F �rc+n� 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. , �r1.bi-�1�.�� - � �� CAROLE A HASEMAN Notary Public _� , �c�� NOTARY PUBLfC-MINNESOTA : '.4•;�.' HENNEPIN COUNTY � � c `.�• '' My ComMssion Expira Jan.31.2000 Page 4 of 5 . __ , � O� O O : , CITY of ORONO � � � G~ RESOLUTION OF THE CITY COUNCIL ` l`9 4'�' NO. ,� .�l r; !« kESH� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEYIN ) On this a��`h day of �-(�,, , 199� , before me a Notary Public within and for said County, personally appeared�h41�_� I�f ,•�s�� -t�t1d�;��StMf� �,• „ � � � -� (�:� -�r�„� � known to me to be the person(s) described in and who executed e foregoing instrument, and � acknowledged that he (they) executed the same as his (their) free act and deed. �, -° '.":• CAROLE A HASEMAN � � o�C-/.-�.�-�� .J ti NOTARYPUBUGMINNESOTA NOtc1I'y Pl1bi1C '? a,�ia��;� H6NNEPIN COUNTY My Commission Expires Jan.31,10Q0 _t. . STATE OF 1�'[INNESOTA ) ) ss. COUNTY OF HENNI'PIN ) • On this �+� day of T',;�� , 1998 , before me a Nota Public within and for said Coun ersonall a eared s��,� �'�r tY, P Y PP P Y ..i. ��,;�,1 Gt�nPTc'�MF'q�sfP� Y�v ��nst"ru�t•�.; known to me to be the person(s) described in and who executed the foregoing mstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �, ��3h.+-�s,�,_��afl ��.�J Notary Public , ` � CAROLE A HASEMAN ,' '•s��; NOTH�pUBUC-MiNNESOTA % :�:-.: •' . ;`. � MY Commiss oo Expi�res Jan 31.2000 - _ Page 5 of 5