05-09-1994 Council Packet - Laserfiche WebLink

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The property is located in the RR-IB Single Family Rural Residential Zoning District. The creek in question is a public water of the City of Orono classified as a tributary stream per Section 10.56, Subdivision 7 (D), and is within the Flood Plain and Wetland Conservation Area protected by the City as defined in Section 10.55, Subdivisions 4 (B) and 5 (A). The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval of the proposed variances and conditional use permit for construction of a driveway and stream crossing based on the following findings: a. b. c. d. e. The tributary stream in question leads from Holy Name Lake in Medina to Long Lake in Orono. The intent for the creek crossing is to provide access to the rear 1.5 acres of the property, to allow maintenance of that property (dead tree removal, etc.) and potentially for construction of an accessory building at some future date. Applicants ’ hardship to support the necessary variances is that without the creek crossing, he has no access to the rear of the property for the iKcessary maintenance of that property, and without the crossing has extremely limited use of that portion of his property. Minnesota Department of Natural Resources staff have confirmed that no DNR permit will be required. A Minnehaha Creek Watershed District (MCWD) permit will be required and is currently being processed. The City Attorney has confirmed that applicants have obtained a declaratory judgment from Hennepin County District Court confirming that applicants ’ easement gives them the right to construct a driveway within Tract E. The driveway and crossing will be constructed within Tracts A and E. The total length of driveway to be constructed is approximately 450’ and will involve the movement of approximately 1,000 cubic yards of material. A significant portion of the stream crossing fill will likely be Page 2 of 6