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Home My WebLink About#3360-CUP-1993 ivz z/93 0- () CITY of ORONO RESOLUTION OF THE CITY COUNCIL tiff NO. 8360 3H A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1886 WHEREAS, Robert L Melamed, (hereinafter "the applicant") is the owner of the property located at 1000 Old Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as: Lot 1, Block 1, French Lake at Orono, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono per Municipal Zoning Code Section 10.03, Subdivision 19 for a conditional use permit to permit the filling of approximately 1,800 cubic yards of clean fill. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1886. 2. The property is located in the RR-1B Rural Residential Zoning District requiring 2 acres in area. 3. The property is approximately 4.4 acres in area. 4. The Orono Planning Commission reviewed this application on November 15, 1993 and recommended unanimous approval of the application as proposed and to allow the filling of approximately 1,800 cubic yards of fill per grading plans submitted by Bruce W. Schmitt & Associates, P.A., Sheet No. Al dated November 8, 1993. Based on the following findings: Page 1 of 5 Poi.5005 Did Olein ... w O .41 • CITY of ORONO 4* ' z p RESOLUTION OF THE CITY COUNCIL t ti NO. 3 3 6 ��kESSOg� • A. All land alterations will be located out of the 75' setback area of the adjacent natural environment lakes, French Lake South Basin at 930 elevation and Sewage Lagoon at 934.3 elevation. B. Proposed land alteration shall be located out of the 26' setback area measured from the edge of the wetland at the 931 elevation and the drainageway that intersects property at the northwest corner. C. The proposed land alteration will restore original grades at the north and western portions of property. 5. The City Council fords that granting a conditional use permit to allow the filling of approximately 1,800 cubic yards 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the filling of approximately 1,800 cubic yards on the residential property per approved grading plans prepared by Bruce W. Schmitt & Associates dated November 8, 1993, subject to the following conditions: 1. Prior to any land alterations on this property. Applicant shall install required erosion control as shown on approved grading plan. Erosion controls shall remain in place until ground cover is restored. • 2. Applicant shall arrange for a pre-construction meeting with Orono staff prior to the hauling of fill to the site. Applicant shall be responsible for the removal of any fill that may be accidentally placed on adjacent public roadway or on gravel drive within Outlot A that currently serves MWCC facility and residential property. Page 2 of 5 Fe.5005 DM a.. O � CITY of ORONO • RESOLUTION OF THE CITY COUNCIL NO. 8 3 6 0 4-44Ko • 3. Authorities granted by this resolution run with the property and not with the owner but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (November 22, 1994). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, 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 this 22nd day of November, 1993. A r ST: , . /4_ 4/11/// Dorothy gt llin, City Clerk •ward J. Call. s, r.,Mayor /, M'N / P : •-rty Owner(s) • Page 3 of 5 • • h.5 oako.r • . --,1?„' o � � �' CITY of ORONO Oma_ s O RESOLUTION OF THE CITY COUNCIL " t" NO. 3 3 6 0 9�ESII0g' . STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of November, 1993, by Edward J. Callahan, Jr., Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. 4:4e-lec,2 U�� Notary Public LINDA S. VEE .!•','; NOTARY PUBLIC - MINNESOTA -4HENNEPIN COUNTY -_ - My commission expires 8-12-96 , • • • • • Page4of5 Fini 3005 DM Ones 460 CITY of ORONO Oma. ? RESOLUTION OF THE CITY COUNCIL ��', i ti NO. 33 ti Es8 • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this / 0 Jam" day of re fi(a a r . , 199 Y/ before me a Notary Public within and for said county,personally appeared I E/,'z.a b e/ K, °1e/a frn ei 1 yr rlrr,ea( 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. P;PA S. VEE 19 71J — ,` (/�� y r~� tiOTAP PUSLiC - 1��tN.JESOTA i-; i'iNE^IN COUNTY NOTARY PUBLIC ?r..:,•, My commission expires 8-12-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this of,C day of A arc..-A , 1991 before me a Notary Public within and for said county,personally appeared /(06er/. A, /n e/,,,,,,L, ,7►a r r e oL 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. ,E 4 LINDA S. VEE • 4 NOTARY PUBLIC - MINNESOTA (// Mycommissionexpires 8-12-98 'e�� NOTARY PUBLIC Page 5 of 5 • • r..soos a.m.