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Home My WebLink About#3777-CUP-1996 (6o \ O CITY of ORONO \\'\, Ail% �G~ RESOLUTION OF THE CITY COUNCIL 9kESHGg' NO. 3 7 7 7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.50, SUBDIVISION 3 (A-7) FILE NO. 2171 WHEREAS, Minnegasco, a division of NorAm Energy Corporation (hereinafter the "applicant") has an interest in the property located at 530 Old Crystal Bay Road North located within the City of Orono (hereinafter the "City") and legally described as: Lot 1, Block 1, Van Dale Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has applied for a renewal application for a conditional use permit per Municipal Zoning Code Section 10.50, Subdivision 3 (A-7) to permit the continued use of a portable liquid natural gas vaporizer through the spring of 1998. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2171. 2. The property is located in the Industrial Zoning District of the City. 3. On September 16, 1996, 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. Page 1 of 5 .♦ v V‘I ° OO ^j t, CITY of ORONO �It� �;^lel �G4 RESOLUTION OF THE CITY COUNCIL `�kEsxog' NO. 3 '7 "7 7 b. The existing use has been found to not present immediate hazards to the public health, safety or general welfare or to have been materially injurious to properties or improvements in the vicinity and has not had a negative impact on the surrounding residential properties because of its limited schedule of use within the winter months for the last five winters. c. Use of the gas vaporizer from the 1992/93 season through 1995/96 season is as follows: 1992/93 season = 3 times 1993/94 season = 4 times 1994/95 season = 3 times with 3 standbys 1995/96 season = 19 times d. Police Chief Gary Cheswick has observed an early morning filling operation and noted that it was conducted under adequate supervision and noted no problem with the operation. e. The Long Lake Fire Department has visited the site and familiarized itself with the operation. f. Staff observed and received no report of mishaps or traffic problems during the past 1995/96 heating season. g. Since the 1992 heating season, the City has received no reports of any detriment to the health, safety or general welfare of the public nor has the City staff found any evidence of depreciation of the surrounding property values and that the use of the facility during the past four winters 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 Commission, reports by City staff, comments by the applicant and the effect of the proposed use on the health, safety and welfare of the community. . Page 2 of 5 1. 04,. o , o -, : t o- CITY of ORONO IA*ire* z.)rtrisf RESOLUTION OF THE CITY COUNCIL kestIO NO. 3777 - 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 1-7) to Minnegasco, a division of NorAm Energy Corporation to allow the continued use of a portable liquid natural gas vaporizer at the property located at 530 Old Crystal Bay Road North through the winter months of 1997/98. This approval is subject to the following conditions: 1. The applicant shall be responsible for the complete restoration of the site by May 31, 1998. 2. Under this current conditional use permit, the City shall ask that applicant make no changes in the hours of operation or extend the period of operation outside of the cold winter months. 3. 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. 4. This conditional use permit is approved for a specified time. Applicant must resolve permanent service needs for this area of Orono and the greater western Lake Minnetonka community within the time limits of this conditional use" permit as the City of Orono will not grant another conditional use permit for an extension of the use at this location. 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, understood and 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. Page 3 of 5 /6ON\ . 0 : ta: � _ CITY of ORONO ,�A111-�' ti ��l 1 I0\ ��ti RESOLUTION OF THE CITY COUNCIL 9kESHOg' NO. 3 7 7 7 Adopted by the Orono City Council on this 23rd day of September, 1996. ATT-ST: ;U/ ••r y M._H441, City Clerk Edward J. Call n, Jr., Mayor , ' .----t_zr r ' i is / /_'� 'f /? J —tom Authorized Representative of VCI Capital, Inc. Authorized Repro eri tative of Minnegasco, a division of I (rAm Energy Corporation STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of September, 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. 02-4,,,.6., 6. i2..4,—#.72.e.d.../ rEkHASNi Not Public • NOTARY PUBLIC-MINNESOTA �' .41:". HENNEPIN COUNTY • My Commission Expires Jan.31,2n00 .- t e..t.- rfrr�✓..-- . ./„tom Page 4 of 5 • .4i1V 0 O O �� CITY of ORONO 1, , v 14- t) 4 i;^f ;# RESOLUTION OF THE CITY COUNCIL 9kESH04' NO. 3 777 -. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day ofber , 199 . , before me a Notary Public within and for said County, personally appeared ,e,sdiari5 F,'l,, " a,,,-Flier,Zed rep iz=st,74 4,r . c 41,;1 J s`c- ca 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. �` `��" �r'r .,rE7 c I'A_F,a l ^ "•• LINDA S.VEE \ - t NOTARY PUBLIC-MINNESOTA Notary Public S HENNEPIN COUNTY S ",..0' My Commission Expires Jan.31,2000 c) 0!lYlfl./�J.lI/!!!f!I!I!llffJ3/./� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this //'1- day of (�thDhe,- , 199G , before me a Notary Public within and for said County, personally appeared , .. t , "I a ' t'_'° Id a f 1 , 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. ao',.de,.,C. „e,_,,e. Yf--- •�r�r!l�fl��'��"1„ Notary Public CAROLE A.HASEMAN 1 :' NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY • �,..•• My Commission Expires Jan.31,2000 t Page 5 of 5