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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO, <br />A RESOLUTION REVISING <br />THE CONDITIONS OF APPROVAL, <br />OF RESOLUTION #2305 <br />FILE #1211 <br />WHEREAS, Gerald Nes Lund is the owner of the property <br />located at 1335 Orono Oaks Drive within the City of Orono (hereinafter <br />"City") and legally described as Lot 8, Block 1, Orono Oaxs, Hennepin <br />County, Minnesota; and James & Judy McCaffrey ('iereinaf ter the <br />applicants") are the owners of the property located 1225 Orono Oaks <br />Drive within the City of Orono legally described as Lot 7, Block 1, <br />Orono Oaks, Hennepin County, Minnesota; and <br />WHEREAS, the owner and the applicants were granted a <br />variance to Municipal Zoning Code Section 10.55, Subd. 8 and granted a <br />conditional use permit per Section 10.55, Subd. 10(B) per Resolution <br />#2305 of the City Council dated November 23, 1987, to allow fill and <br />grading within a designated wetland area where such onstruction is <br />not normally allowed, in order to conptruct a priva residential <br />driveway; and <br />WHEREAS, pursuant to the conditions of approval of <br />Resolution #2305 the applicants contractor obtained the necessary <br />grading permit and commenced construction of the approved driveway <br />through the wet' -and; and <br />WHEREAS, due to soil conditions at the site of the approved <br />driveway, construction of that dc4.veway was halted by the contractor <br />prior to completion, because it. was determined that successful <br />completion of that driveway mould not be technically or economically <br />feasible; and <br />WHEREAS, on Apr A. 1988 the applicants submitted a formal <br />request to the City to c .-w the construction of a driveway in a <br />revised location, requiring an easement through Lot 8, Block 1, Orono <br />Oaks (1335 Orono Oaks Drivt�; and <br />WHEREAS, the Council finds that the majority of the proposed <br />driveway will be located 26' or more from the wetland on Lots 7 & 8, <br />except for a portion of approximately 100' in length which is less <br />than 26' from the edge of the wetland but not within the wetland. The <br />Council further finds that the proposed driveway will cross a <br />designated drainageway which can be feasibly crossed in conjunction <br />with the use of a 24" culvert, which will result in no impediment to <br />cur-ent or expented flows through that drainageway; and <br />WHEREAS, the Council finds that the proposed driveway <br />easement through Lot 8 will have no effect on potential future <br />drainfield sites within Lot 8; and <br />Page 1 of 5 <br />