HomeMy WebLinkAboutRes 07-01PC 259230062 CUPDoc. No. 4773330
OFFICE OFTHE COUNTY RECORDER
SCOTTCOUNW, MINNESOTA
Certified Filed and/or Recorded on
O5-22-2OO7 at 02: 48 Receipt: 63385 1
Pat Boeckrnan, County Recordel ot
Fee: $ 46.00
STATE OFMINNESOTA)
)ss.
coUNTYOFSCOTT )
The undersigned, duly qualified and Planning secfetary for the city ofPrior Lake, hereby
certifies the attached hereto is the original true anti conect copy of
CONDITIONAL USE PERMIT
RESOLUTION 0741PC
AcoND|T|oNALUsEPERMITToALLowGRAD|NGANDExcAvATIoNoF
MORE THAN 4OO CUBIC YARDS
PID: 25-923-006-2
Dated.this 9'n Day of Apri1, 2007
\o**.Abv
Please retum document to:
City of Prior Lake
Attn: Connie Carlson
4646 Dakota Street SE
Prior Lake, MN 55372
I \deplNo'{\hlotfm\ruecoPY tloc
f,s3r,vi.ro9
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CONDITIONAL USE PERMIT
RESOLUTION O7.O1PC
A CONDITIONAL USE PERMIT TO ALLOW GRAD]NG AND EXCAVATION OF MORE THAN 4OO
CUBIC YARDS
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
The Prior Lake Planning commission conducted a public hearing on March.26,
20O7,lo consider an application from Daniel and Michele Klamrn to qllow 9radi19
and fill of more than 400 cubic yards on property located at 4130 140',' Street NE,
legally described as follows:
The west 678.8 feet of the East 744.8 feet of the south 641.72 feet (as measured
along the south and East lines thereof) of the southwest Quarter of the southwest
Quaiter (SW lo of the SW %) of Section 23, Township 1 15, Range 22' Scott
County, Minnesota.
and
Notice of the public hearing on said cuP was duly published in accordance with the
applicable Prior Lake Ordinances; and
The Planning commission proceeded to hear all persons interested in this cuP
and personi interested weie afforded the opportunity to present their views and
objections related to the CUP; and
The Planning commission finds the cUP to allow the grading and fill of more than
400 cubic yirds in harmony with both existing and proposed development in the
area surrounding the Project; and
The city council finds the proposed cuP is compatible with the stated purposes
and intent of the Zoning Oidinance as they relate to conditionally permitte_d uses,
and further, that the propcsed CUP meets the criteria for approva| of CUP as
contained in Section 1108.202 of the Zoning Ordinance'
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF PRIOR LAKE:
1. The recitals set forth above are incorporated herein'
2. The Planning Commission hereby adopts the following findings:
a. The use ls consistent with and supportive of the goals and policies of the
ComPrehensive Plan.
Thefillinganogradingwillbeconsistentwiththegoals.and.polici":oiI-"Comprehensiveplan. The policies include providing aoequaie-rJguration to prevent the
.
development of
endeavors which will create a hazard to the enviionm"ent. The giading and filling will allow for
decreased graoes and address concerns related to storm water erosion'
LIOT FILES\07 CUP'S\Klamm\cup resolution DoC
www.cityof priorlake.com
Phone 952.447 .423O / Fax 952 447 '4245
Page '1
b. The use witl not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
Based on staff review, the proposed use will not be detrimental to the health, safety, morals
and general welfare of the community. The conditions of the approving resolution are
intended to ensure ongoing protection of the community.
c. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Gonditional Use is located.
Section 1"101.509 of the Zoning Ordinance allows Grading, Filling and Land Reclamation as a
Conditional Use within any zoning district. The conditions set forth in the Zoning Ordinance
will be met with the issuance of the Conditional Use permit.
d. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed'
The use will not have adverse impacts on governmental facilities. During the grading and fill
work, the applicant will be responsible for maintaining the condition of the adjacent roads'
e. The use will not have undue adverse impacts on the use and enjoyment of properties
in close proximity to the conditional use.
The use will not have undue adverse impacts on the use and enjoyment of properties in close
proximitY.
f. The use is subject to the design and other requirements of site and landscape plans
prepared by oi under the direction of a professional landscape architect, or civil
Lngineer registered in the State of Minnesota, approved by the Gity Council and
inc-orporated as part of the conditions imposed on the use by the city Gouncil.
No landscaping or tree preservation is required.
g. The use is subject to drainage and utility plans prepared by a.professional civil
engineer registered in the State of Minnesota which illustrate locations of city water'
city sewer, fire hydrants, manholes, power, telephone and cable lines, natural gas
miins, and othei service facilities. The plans shall be included as part of the
conditions set forth in the GUP approved by the Gity Gouncil.
The plans have been prepared by a civil engineer'
h. The use is subject to such other additional conditions which the Gity Gouncil may find
necessary to protect the general welfare, public safety and neighborhood character'
Such additionat conditions may be imposed in those situations where the other
dimens|ona|standards,pedormancestandards,conditionsorrequirementsinthis
Ordinance are insufficieni to achieve the objectives contained in subsection 1108'202'
lnthesecircumstances,thecityCounci|mayimposerestrictionsandconditionson
theGUPwh|charemorestringentthanthosesetforthintheordinanceandwhichare
consistent with the general cinditions above. The additional conditions shall be set
forth in the GUP approved by the Gity Council'
Additional conditions to ensure the protection of the general health, safety, and welfare of the
oublic are included as part of the CUP'
3. The CUP is hereby approved, subject to the following conditions:
a. The Best Management Practices Notes must be included on the final plan'
b.Theexcavatlonmustbedoneaccordingtothep|ansstamped..Approvedbythecity
Engineef'.
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The applicant must contact the City Engineering Department for inspection of the work on the
site.
d. The applicant must record the approving resolution at Scott County within 60 days of
adoption. Proof of recording, along with the acknowledged Ci$ Assent Form, shall be
submifted to the Ptanning Department prior to any work on the site.
GONCLUSION
Based upon the Findings set forth above, the Planning Commission hereby grants a Conditional Use
permit to allow grading and fill of more than 4OO cubic yards. The contents of Planning Case File
#EpO7-108 is heieby entered into and made a part of the public record and the record of the decision for
this case.
Passed and adopted this 26th day of M arch, 2OO7 .
ATTEST:
Lt07 FILES\o7 CuPs\Klammbup resolution.DOC Pag€ 3