HomeMy WebLinkAboutResolution 6718AExisting Certs
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Doc No T05474823
Certified, filed and/or recorded on
Sep 5, 2017 4:30 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 30 Pkg ID 1597770M
Certified Copy of any document $10.00
Document Recording Fee $46.00
Document Total
This cover sheet is now a permanent part of the recorded document.
$56.00
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 67 1CA
ESHO
A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT PURSUANT
TO MUNICIPAL ZONING CODE SECTIONS 78-946
FILE NO. 17-3886
WHEREAS, Hennepin County, a public entity (hereinafter the "Applicant"), is the
owner of the property located at 3880 Shoreline Drive and legally described as:
In the following described land situated in the County of Hennepin and State of Minnesota:
Tract 1. The East 50 feet of the West 200 feet of the South 233 feet of that part of Government Lot 8,
Section 17, Township 117, Range 23. lying East of the East line of "Streater's Spring Park Addition",
Hennepin County, Minnesota.
Tract 2. That part of Government Lot 8, Section 17, Township 117, Range 23, and that part of Lot 1, Block
9, Townsite of Langdon Park, all described as beginning at the intersection of a line drawn parallel with
and 233 feet North of the south line of said Government Lot 8 and aline drawn parallel with and 100 feet
East of the East line of "Streater's Spring Park Addition", Hennepin County, Minnesota; thence North
along the last described parallel line and its extension to the Southerly right of way line of the Great
Northern Railway Company; thence Easterly along said Southerly right of way line to its intersection with
a line drawn North at right angles to the South line of said Section 17 from a point thereon distant 1315.97
feet West from the South quarter -corner of said Section 17; thence South along said last described line to
a point 233 feet North of the South line of said Section 17, thence West parallel with the south line of said
Section 17 to the point of beginning. Subject to easements of record. (hereinafter the "Property");
WHEREAS, on December 12, 2016, the Applicants made an application to the City
of Orono for a Conditional Use Permit for an essential service (hereinafter the "CUP") pursuant to
Orono Municipal Zoning Code Sections 78-946 to permit the placement of a tower necessary to
support weather data collection equipment as part of the County Wide Mesonet station array.;
and
WHEREAS, on January 17, 2017, after published and mailed notice in accordance
with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
which time all persons desiring to be heard concerning this application were given the opportunity
to speak thereon; and
WHEREAS, on January 17, 2017, the Planning Commission recommended
approval of the CUP; and
WHEREAS, at a meeting held on February 13, 2017, the City Council reviewed
the application and the recommendations of the Planning Commission and City staff; and
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
HO
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested CUP as described above based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3886. The analysis contained within
staff memos and the exhibits attached to the aforesaid memos, all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference.
2. The Property is located in the LR -1C Zoning District.
3. Knowledge of local weather, and pending weather in real time is necessary to the efficient
and safe deployment of resources throughout the county, including to emergency
management (police, fire, and water patrol) and public works.
4. The site has been a Hennepin County Public works site for a number of years, and is
setback from area public ways, reducing impact to the neighborhood.
CONDITIONAL USE PERMIT ANALYSIS:
1. The Council shall grant a conditional use permit only after a showing that the public safety,
health and welfare will not be harmed by the essential service.
2. The Council finds that the proposed essential service will not harm the public safety,
health and welfare because:
a. The tower is sited and is of a height to minimize visual impact on surrounding
properties.
b. The tower will not include any radioactive communication equipment; all
communication will be via cellular telephone.
c. The tower collects weather data for used by the public and public agencies.
d. The tower will not produce glare or vibration to the detriment of neighboring
properties.
2
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
6 7 8A
NO.
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CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby
grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-946 to permit the placement
of an essential service, subject to the following conditions:
1. Council approval is based on plans by Hennepin County submitted by the Applicants and,
attached to this Resolution as Exhibit A, (hereinafter the "Plans"). Any amendments to
the Plans which are not in conformity with City codes may require further Planning
Commission and City Council review.
2. Upon completion of the project, the site will be evaluated from an erosion and sediment
control risk perspective prior to release of escrow funds.
3. No trees are to be removed as part of this project
4. The Applicants shall ensure that the integrity of vegetation along the north property line
will be protected for the duration of the project.
5. No commercial antennas may be installed on this tower. Commercial antennas will vacate
the essential service designation of the tower and related equipment.
6. 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.
7. The undersigned Applicants have read, understand, and hereby agree to the terms of this
resolution and on behalf of the Applicants and the Applicants' 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 13t' day of February, 2017.
ATTEST: CITY OF ORONO:
�nn �
Carlson, City Clerk��
Dennis Walsh, Mayor
Site Layout Overview:
Land Use Area: 40 feet x 40 feet
Resolution
Exhibit A
6 7 l A
Items to be put on land: 10 meter tower with guy wires, grounding probe, soil moisture probe,
soil temperature probe, rainfall sensor.
Items to be put on tower: wind speed, wind direction, pressure sensor, temperature probe, solar
radiation sensor, solar panel, datalogger, battery, relative humidity sensor, and wet bulb black
globe sensor.
Power: Solar Powered with Battery Backup
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Thu NOtk
Wind screen
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• I Raaf gauge
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1.5 M.UAHand 9M.T
3 M. (mutW*te shield)
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2 m. wind speed
Tripod mount for
pyrarometerr
fence
Access tube for
soil moisture
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f Temperature
under sod
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Rubber Temperatum
edging under Mare soil
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3.7 m.
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l)c. 5. Plan view of a remote station showing rain gauge and soil sites relative to the tower.
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I.m wind 4zprrd A dir"tion
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Antenna to the Oklahoma Lau
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Solar panel
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1.5-111 tcminrature d•.
data logger. hatter), and radro
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Rainfall
(Alter shield mg chit+n)
Soil temperatureI soil nraisittrO
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Site locations will need to be chosen based on the following criteria:
Accessible be vehicle during all seasons.
Wind Speed and Wind Direction:
6 7 i 8A
• Standard is 10 in above ground level with no obstructions within 300 in for anemometer
and vane exposure.
• Slope should be less than 17 degrees to avoid separation of flow, producing large eddies.
Solar Radiation:
• Site should be free of obstruction above the lane of the radiation sensing element.
• Important that no obstruction cast a shadow on a solar radiation sensor.
6 e 1 8A
• Slope of terrain should be less than five degrees to avoid having to consider aspect on
surface radiation measurements.
Temperature and Relative Humidity:
To be compliant with existing observations and airport stations, temperature and RH
should be made at the standard height of 1.5 m.
Pressure:
• Sensors must be designed to minimize dynamic pressure.
Precipitation:
• Reduce the effects of wind by using a wind shield.
• Gage should be over level ground and surrounding objects should not be closer to the
gage than a distance equal to four times their height.
Soil Temperature and soil moisture
• Soil should be representative of the entire area.
• Standard depths for soil temperature measures are 5, 10, 20, 50, and 100 cm
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on February 13, 2017 with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 610 day of , 2017.
ity Clerk
(seal)