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,. <br /> . ,�, <br /> � - <br /> O� <br /> � CITY of ORONO <br /> O-���, � <br /> �;��T� ,� RESOLUTION OF THE CITY COiJNCIL <br /> � �,��,�� ti rro. `��� - <br /> , ti <br /> t��9x� . og�G <br /> ESI'i <br /> 2, The property is located in the RR-1B Single Family Rural Residential Zoning <br /> District. <br /> 3, The creek in question is a public water of the City of Orono classified as a <br /> tributary stream per Section 10.56, Subdivision 7 (D), and is within the Flood <br /> Plain and Wetland Conservation Area protected by the City as defined in Section <br /> 10.55, Subdivisions 4 (B) and 5 (A). <br /> 4, The Orono Planning Commission reviewed this application on April 18, 1994 and <br /> recommended approval of the proposed variances and conditional use permit for <br /> construction of a driveway and stream crossing based on the following fmdings: <br /> a. The tributary stream in question leads from Holy Name Lake in Medina <br /> to Long Lake in Orono. The intent for the creek crossing is to provide <br /> access to the rear 1.5 acres of the property, to allow maintenance of that <br /> property (dead tree removal, etc.) and potentially for construction of an <br /> accessory building at some future date. <br /> b. Applicants' hardship to support the necessary variances is that without the <br /> creek crossing, he has no access to the rear of the property for the <br /> necessary maintenance of that property, and without the crossing has <br /> extremely limited use of that portion of his property. <br /> �, Minnesota Department of Natural Resources staff have confirmed that no <br /> DNR permit will be required. A Minnehaha Creek Watershed District <br /> (MCWD) permit will be required and is currently being processed. <br /> d. The City Attorney has confirmed that applicants have obtained a <br /> declaratory judgment from Hennepin County District Court conf'irming <br /> that applicants' easement gives them the right to construct a driveway <br /> within Tract E. The driveway and crossing will be constructed within <br /> Tracts A and E. <br /> e. The total length of driveway to be constructed is approximately 450' and <br /> will involve the movement n of the s�am lcrossingo fill will likely be <br /> material. A significant portio <br /> Page 2 of 6 <br /> fmn 5005 Dis4 Orc <br />