02-23-2004 Council Packet - Laserfiche WebLink

Home Browse Search

4. 5. that the additional wetland to be created will meet the WCA replacement guidelines, and that this project can be considered as a restoration. Smyth recommended approval conditioned on 1) that the City receive a copy of the executed buffer preservation declaration required by the MC WD, and 2) that the City be provided with the required ongoing monitoring reports. The project has been highly refined to meet the WCA guidelines, and has been the subject of much scmtiny by the MCWD staff and consultants as well as a Technical Evaluation Panel (TEP) consisting of representatives from the MCWD, the Board of Soil and Water Resources (BWSR), and Hennepin County Environmental Services. G) The hardship supporting the variance is that this wetland was altered in the past, and the the project will restore it to a condition more closely resembling its natural state. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-1112 and a conditional use permit per Sections 78*1113/14(2b) to permit tilling and grading within and within 26' of a City-protected wetland where no such activity is normally allowed, subject to the following conditions: Page 3 of 7