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HomeMy WebLinkAbout#3663-CUP-1996 • _.w... ‘cl. 4V) --...„ tio, CITY of ORONO t`-tA4t74� Fey ti RESOLUTION OF THE CITY COUNCIL 9kESI;01" NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.50, SUBDIVISION 3 (A-7) FILE NO. 2087 WHEREAS, Minnegasco, a division of Noram Energy Crystalor don ay Road(hereinafter N North "applicant") has an interest in the property located at 530 the and legallydescribed as: located within the City of Orono (hereinafter the "City") Lot 1, Block 1, Van Dale Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has applied for a renewal application for aconndiitto'an al use permit per Municipal Zoning Code Section 10.50, Subdivision 3 (_ - ) to n extension of the temporary use of a portable liquid natural gas vaporizer for five years. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2087. 2. The property is located in the Industrial Zoning District. 3. On November 20, 1995, the Orono Planning Commission reviewed the application as proposed and recommended approval based upon the following findings: a. The proposed use is a permitted conditional use within the Industrial Zoning District. b. The existing use has been found to notpresent or to havimmediate ebeenarmat rially to the public health, safety or general welfare injurious to properties or improvements idenrial roperties becausee vicinity and has oof its aa negative impact on the surrounding res P limited schedule of use within the winter months for the last four winter seasons. Page 1 of 4 r-ANN. �t�O _ V O _ O CITY of ORONO � ��L•� 6'' RESOLUTION OF THE CITY COUNCIL IRESH01' S.4 �' '� NO. 3 6 6 3 c. In 1990, the City granted a conditional use permit for five years for the proposed level of use and found there were no reports of any detriment to the health, safety or general welfare of the public nor was there evidence of depreciation of the surrounding property values and that the use of the facility since 1992 has been conducted in keeping with the intent and objectives of the Zoning Code and Comprehensive Management Plan of the City. 4. The City Council has considered this application including the findings and recommendations of the Planning he effect of thCommission, proposed use onrts ythelty health� safety and ts by the applicant and t 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 permit per Municipal Zoning Code Section 10.50, Subdivision 3 (A-7) to Minnegasco, a division of Noram Energy rpration to allow he 530 Oldued temporary use Crystal Bay Road of a portable liquid natural gas vaporizerat theproperty located at North until October 1, 1996, subject to the following conditions: cant make no 1. Under this conditional use permit,or extend period of operation)outside f the changes in the hours of operation cold winter months. 2. It shall be the responsibility of the owner, VCI Capital, Inc., to advise the City if there is a discontinuance of the lease agreement with Minnegasco. All use of this facility shall cease and this conditional use permit shall be null and void. 3. The applicant shall be responsible for the complete restoration of the site at the time the proposed use is to be discontinued. 4. This temporary conditional use permit is approved for a specified time. Applicant must resolve permanent service needs for this area of Orono within that period of time as there is no guarantee that the City will grant another conditional use permit for an extension of the use at this location. Applicant Page 2 of 4 _ _ 70.4? o CITY of ORONO VIW Cr Al RESOLUTION OF THE CITY COUNCIL 9kzsiv g NO. shall be responsible for advising the City prior to the deadline of this conditional use permit as to the status of the improvement project along County Road 6. If it is found that the supply needs of the area are not met and that the use of a portable liquid gas vaporizer is still needed to serve the community that the City will ask applicant to seek a more suitable location for this potentially hazardous facility. 5. 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. 6. The undersigned representative of Minnegasco, a division of Noram Energy Corporation and the owner of VCI Capital, Inc. have read, understoodand hereby agree to the terms of this resolution and on behalf of Minnegasco and VCI Capital, Inc., its 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 8th day of January, 1996. ATTEST: Litit,/tyzi/yri 47;7;1- A -}1--) • - Dorothy M. es n, City Clerk Edward J. Call,' an, Jr., Mayor 7Th / J!9 Authorized Representative of VCI Capital, Inc. Authorized e ' sentative of Minnegasco, a division o coram Energy Corporation Page 3 of 4 44:1 o (o ; o _.^ ,�_ CITY of ORONO I& , A' l t' 'ti RESOLUTION OF THE CITY COUNCIL � q kESHO r►^)'9 ¢i'G NO. 3 66e3 -- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of January, 1996 by Edward J. Callahan, Jr. 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. •° •� rJ NOTARY PUBLIC-MINNESOTA JAMIE L B '�rA S \ 1� • HENNEPIN COUNTY i n_ •-••�•'• MYCommission Expires Jan.31,2000 Q Notary/Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this P. day of rebrya rf , 1996, before me a Notary Public within and for said county, personally appeared Rt;b ef* NI. w4.'fr. Pre ;d # 6 V((,7),fn/, Lie • — known 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. s„-_.-_,--_.,-_•.fJl�f ��1 CAROLE A.HASEMAN � �� 1-.WNOTARY PUBLIC-NEPIN MINNESOTA ___CIL e;l�t.9rL.cJ %• My� Expires an31,�r��� NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /lofkday of =' . _ c, ..e, 1990 before me a Notary Public within and for said county, personally appeared Lek:, ••= -�`'C "c) \-11"'r a' 66 known to me to be the person(s) describ 4 in and who e ecuted the foregoi,g instrum t, and acknowledged that he (they) executed the same as his (their) free act and deed. JO irn.c� 4 s',,/ t el„ ...,0„,.. 4. JAMIE L BOSMNA NOTPURL S : NOTARY PUBLIC-MINNE50TA HENNEPIN COUNTY Mv Commission Expires Jan.31,2000 Page 4 of 4