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Home My WebLink About#3878-variances-1997 � � . , � O� ' O O � �b. - C ITY of ORONO � � � � �� G'�' RESOLUTION OF THE CiTY COUNCIL : �`9�i'ESH�4� . NO. � $ � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE � SECTIONS 10.56, SUBDIVISION 16 (� AND (K) AND 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 10.03, SUBDIVISIONS 19-21 AND 10.55, SUBDIVISIONS 8-14 FILE NO. 2202 WI�REAS, Hennepin County Department of Public Works (hereinafter the "applicant") has jurisdictional authority over County Road 15 within the Ciry of Orono (hereinafter "City") and will be acquiring an interest in certain adjacent properties as necessary in order to reconstruct portions of County Road 15 from the eastern boundary of the City of Orono westward to a point approximately 700' south of the County Road 15/Orono Orchard Road/Orono Lane intersection; and �� WI�REAS, the applicant has made applicationxo the City of Orono for a variance to Municipal Zoning Code Sections 10.56, Subdivision 16 (J) and (K) and 10.55, Subdivision 8 to allow the filling of City designated wetlands where no such filling is normally allowed, and for a conditional use permit per Sections 10.03, Subdivisions 19-21 and 10.55, Subdivisions 8-14 to allow land alterations in excess of 100 cubic yards and within and adjacent to protected wetland and flood plain areas. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as 2oning File #2202. 2. The project site is located primarily in the LR-lA Single Family Lakeshore Residential Zoning District and partially within the RR-1B Single Family Rural Residential Zoning. � 3. The Orono Planning Commission reviewed this application on January 21, 1997 and recommended approval of the proposed variances and conditional use permits based on the following fmdings: �� Page 1 of 7 .� • . � O� - O O �� . - C ITY of 4RON0 � ti � . '�' RESOLUTION OF THE CITY COUNCIL � �L`9$E p4L�'G � NO. � � � � : � SH � A. The applicants propose to fill 1.2 acres of wetlands under the concurrent jurisdiction of City of Orono, the DNR, and the Minnehaha Creek Watershed District as the City's designated local unit of government under the Wetland Conservation Act. An additional 1.1 acres of wetland subject to City of Orono and MCWD/WCA protection but not under DNR authority, will also be filled. � B. The majoriry of the wetland impacts are a result of�lling the long narrow wetlands occurring in the ditch area between the existing County Road 15 roadway and the railroad tracks to the north. In addition, there will be minor impacts to the larger wetland located at 1410 Shoreline Drive, and � minor impacts to the wetlands just west of the West Femdale Road entrance at 1195/1205/1225 Shoreline Drive. � C. The impacted area of the three non-lineal wetlands which will experience some filling is small compared to the total area of those wetlands. Wetland No. 1 (as designated in the applicants' plans) at 1410 Shoreline Drive is � 10.1 acres in area, of which 0.12 acres will.be impacted. The area of Wetland No. 7 at 1225 Shoreline Drive is approximately 0.8 acres of which approximately 0.02 acre will be unpacted. Wetland No. 8 is approximately 1.3 acres of which 0.05 acres will be impacted. A much larger percentage . of the linear wetlands between the roadway and railroad tracks will be impacted, experiencing significant filling which will leave those wetlands � narrower and likely appearing more like road ditches than wetlands. D. Wetland replacement for the 1.2 acres of impacted DNR wetlands will be . � via the creation of 1.3 acres of new wetland in the Painter Creek watershed � adjacent to County Road 6 in the City of Independence. The �1.1 acres of � , impacted WCA protected wetlands will be mitigated per BWSR and MCWD requirements at a site in Excelsior at some future time, and the � applicant is required by MCWD to pay $38,626.00 towards that regional storm water ponding facility. � E. The project results in 1.2 acre feet of flood plain storage loss, which will be mitigated on a one-to-one basis by removing the roadbed of the • � Page 2 of 7.� � °� � o 0 ��b. - CITY o� ORONO � ' � '�' RESOLUTION OF THE CITY COUNCIL ��`q.$E p4�'G NO. a� � � � " . � . SH "Ferndale cutoff" located east of the intersection of West Ferndale Road and County Road 15, and by additional road ditclies to be created adjacent to the new roadway. F. Municipal Zoning Code Section 10.56, Subdivision 16 (�(Sa) requires that the City give consideration to the functional qualities of the wetlands being � filled in relation to sediment and pollutant trapping and retention, storage of surface runoff to prevent or reduce flood damage, fish and wildlife . habitat, recreational use, shoreline or bank� stabilization, and noteworthiness. Planning Commission finds that despite the absence of a . City inventory defining the functional qualities of speci�c City wetlands, the proposed impacts on functional qualities of the wetlands proposed to be filled will be relatively minor in relation to other wetlands in the City, and � � that the County has addressed the City's concerns via mitigation as well as , erosion and sed'unentation control measures. G. Applicants have submitted a detailed erosion control plan including ' revegetation plans which Planning Commission finds acceptable. H. Applicants have made the appropriate permit applications to other governmental agencies including the Minnehaha Creek Watershed District, the Minnesota Department of Natural Resources, and the U.S. Army Corps of Engineers. , I. This project is necessary in order to unprove public safety by providing turn lanes and paved 8' shoulders on Counry Road 15. Applicants have � � reviewed the 'no-build' alternative and fmd that a 'no-build' alterative is not feasible due to safety concerns. The project will maintain the current road alignment with only slight modifications, including expansion of the paved roadway northward approximately 10' from the current paved surface. This minor shift in alignment allows the minimization of wetland filling impacts to Ferndale Marsh, an important protected wetland south of and adjacent to County Road 15 in the Cities of Orono and Wayzata. , J. The Planning Commission finds that, while this project results in an � Page 3 of 7 � °� � � o 0 ��b. - CITY of ORONO � � � . '�' RESOLUTION OF THE CITY COUNCIL ��`9$E Hpg'�G NO. e� � �7 � -.�i � � S . . unusually large area of wetland alteration as compared to private wetland alteration projects approved by the City in the past, the public nature of this . project is one of the primary factors supporting its approval. K. The City Council approved the construction plans and layout of this project � on December 9, 1996. 4. The City Council fmds that the facts and conditions applying to this project are peculiar to this project and do not apply generally to other property in the LR-lA or RR-1B Zoning Districts; that granting the variances would not adversely affect traffic conditions but will in fact enhance traffic safety, that granting the variances would not adversely affect light, air nor pose a �re hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty that is public . �rather than private in nature; that approval is necessary to preserve the public health, safety and welfare; and approval would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow alteration of wetlands in flood plain areas and the proposed filling in excess of 100 cubic yards will not be detrimental to but will enhance the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values, and that the project as proposed will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.56, Subdivision 16 (� and (K) and 10.55, Subdivision 8 to allow the filling of City designated wetlands where no filling is normally allowed, and for a conditional use permit per Sections 10.03, Subdivisions 19-21 and 10.55, Subdivisions 8-14 to allow land alterations in excess of 100 cubic yards and within and adjacent . to protected wetland and flood plain areas, subject to the following conditions: � Page 4 of 7 r � O� • O O , ��b. - CITY of ORONO � � F � �� G'�' RESOLUTION OF THE CITY COUNCIL � ��k:ESH�g'� NO. � � � � __ 1. Applicants shall obtain a land alteration permit from the City of Orono prior to commencement of this project. 2. Applicants shall adhere to the construction plans approved by the City Council on � December 9, 1996, and modified by Resolution#3840, a set of which plans are of record at the City o�ces. 3. Applicants shall adhere to the approved erosion control plan and shall use Best Management Practices during all phases of construction. 4. Applicants shall obtain the necessary approvals from other government agencies prior to commencing the project, and shall complete the mitigation measures in a timely manner as proposed. . 5. Authorities granted by this resolution are permissive only and must be exercised by application for land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (April 1, 1998). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of Hennepin County. � Page 5 of 7 � V � O� • • O O �b. - CITY of ORONO � ti '�' RESOLUTION OF THE CITY COUNCIL �L`9.ttE p4`�'G . . N O. � � � � "'� � SH Adopted by the Urono City Council on this lst day of April, 1997. ATTEST: �_� • � Dorothy M. lin, City Clerk Gabriel abbour, Mayor � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lst day of April, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ° `"' CAROLE A HASEMAN ,� z` NOTARY PUBL�C-MINNESOTA . •� HENNEPIN COUNTY Notary Public �`��•�''� My Commission Expires Jan.31,2�00 � Page 6 of 7 . , . � O� • O O �b. - CITY of 4RON0 � � '�' RESOLUTION OF THE CITY COUNCIL ��`9kE p4�'G NO. e� � � � � . � SH . , STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared . known to me to be the person(s) described in and who executed the foregoing instrument, and � acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public � STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) � On this day of , 199 , before me a Notary Public within and for said County, personally appeared ' known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � Notary Public � Paqe 7, of 7