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Home My WebLink About#6214-CUP-2013 Doc No A09967319 Certified, filed and/or recorded on 6/14/13 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 987728M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 PID(s) 33-118-23-21-0002 This cover sheet is now a permanent part of the recorded document. pr 7 O O O CITY of ORONO A R A4 RESOLUTION OF THE CITY COUNCIL NO. 6 2 1 .4 t�kEsH0 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO SECTION 78-418 FILE NO. 13-3597 WHEREAS, Orono Public School District ISD 278 (hereinafter "the Owner") is the owner of the property located at 685 Old Crystal Bay Road North (hereinafter the "Property") within the City of Orono (hereinafter.the "City") and legally described as South 940 feet of Government Lot 1, Section 33, Township 118, Range 23 West, Hennepin County, Minnesota; and WHEREAS, the Owner has made application to the City for a conditional use permit pursuant to Orono City Code Section 78-418 to allow the construction of two, 16' x 22' sheds (hereinafter the "Sheds") to serve the new softball field. Because school use is a conditional use in the RR-113 Zoning District and any changes to that use require CUP approval; 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 March 18, 2013, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#13-3597. 2. The Planning Commission reviewed this application on March 18, 2013 and on a vote of 5 - 0 found that with conditions the application will satisfy the requirements for granting of the requested conditional use permit: � O ' Y O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL Al NO. 621 4 �kEs80�' a. The Owner will apply for and receive the appropriate building permits prior to commencement of the installation of the Sheds. b. Installation of the Sheds will result in minimal grading or disturbance. c. The requested CUP to install the. Sheds is necessary to support'the newly constructed softball field as well as to protect and secure the softball equipment. 4. The City Council considered this application including the findings and recommendations of the Planning Commission, reports by City staff, . comments by the Owner and the public, and the effect of the proposed conditional use and variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 3. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit pursuant to Orono City Code Section 78-418 to allow the construction of the Sheds to serve the new softball field and the requested changes to the school Use CUP; subject to the following conditions: 1. Council approval is based on the site plan submitted by the Owner, attached to this Resolution as Exhibit A. Any changes or amendments to the plan may require further Planning Commission and City Council review. 2. The Owner shall comply with the following conditions of approval: Page 2 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 621 '4 ��kEsB0 a. Owner shall adhere to the City's erosion control regulations as well as the permitting requirements of the MCWD, and shall provide evidence of the appropriate MCWD approval prior to issuance of City building permits for the project if necessary. b. Owner shall provide an erosion control plan to be approved administratively prior to issuance of building permits. c. Owner shall apply for and receive the appropriate building permits prior to commencement of construction of the Sheds. 3. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining the appropriate building permits for the Sheds. 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 Owner has read, understands, and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 8th day of April, 2013. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Property Owner's Represen ve Page 3 of 4 O O , O CITY of ORONO . ti RESOLUTION OF THE CITY COUNCIL 3 No. d 2 141 SH0 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was ackn wledged before me this day of , 201 by �-Ey UL , its on behalf of Orono School District, ISD 278. E MONICAA.FADNESS NOTAWPUBLIC-MINNESOTA Notary Public W commission Expires Jan.31,2017 Page 4 of 4 Resolution Exhibit A y 29- +•nt . T¢o. ___ii z �j • � e •nw ,r • 3 L /LM 1 V e O a gQZ m W r � N (7 r trip! is g •ntaEB � d� ya L •� o o e 77 r r nae C FAO+ .�r t r i '� 4 t •.na _ M•M Eh. r u .r .. EIS \ ;c�I Jlil fIII \ I s & LPaG � J/ 1 }asr 1 , u• 1�� p // USS ^ma3xx DELINEATED J -WETLAND EDGE I i // aa0•" �� DEDICATED WErLAND BUFFER` \ }- I i /� .,+�'i/.�/i / i `��\�\�♦ \\ souffmly to Hwy 12.\ rL l //I/// /'/// / \\\\\\\\ 0LL.J J Z— f-.l \\\\ g 0 u S2 0 / / m m CL LU & / ttJ �.7'f.r I sg �I J I J �� • ..:J.:. , .,.. \\ �o 0 IF \\\\\ ca i i rr �i I 1 I CE 1\� 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 April 8, 2013,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 day of , 2013. 4a"-� City Clerk yL