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Home My WebLink About#3801-CUP-1996 -�,-a . :, ,�r . 7 O� �• O O ��b. - � CITY of ORONO � � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL � 9kESH�g' NO. � � n 7 -� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2183 � WHEREAS, Charles L. Kramer (hereinafter the "applicant") is the owner of the property located at 2990 Somerset Lane within the City of Orono (hereinafter "City") and legally described as: Lots 3 and 4, Block 3, Old Crystal Bay Road 2nd Addition, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit • to permit the dredging of open water areas within Type 7 wetlands for the purpose of creating wildlife ponds per Municipal Zoning Code Section 10.03, Subdivision 19. � NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1: This application was reviewed as Zoning File #2183. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning � District requiring two acres in area. Lot 4, applicant's homestead parcel, consists of two-plus acres. 3. On October 21, 1996, the Orono Planning Commission revi�wed the application as proposed and recommended approval of the application as amended. The approval was based on the following findings: a. The wetland within the northwest corner of applicant's homestead parcel - has been degraded through the years. The creation of an open water wildlife pond will result in an improved or upgraded wetland providing • . greater surface runoff detention and habitat for wildlife. Page 1 of 5 , , � O ' V ' . O O ��b- - CITY of ORONO � � . �ti ��L �G RESOLUTION .�F�� CITY COUNCIL � �kESH�g' NO. 1 �� 4. The City Council finds that granting a conditional use permit to allow the dredging of open water azea within the Type 7 wetland located to the northwest of the property will not be detrimental to 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 its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. • CONCLUSIONS, ORDER AND CONDITIONS Based.upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the dredging of an open water area within a Type 7 wetland and the placing of spoils on upland areas on applicant's adjacent property, subject to the following conditions: 1. This permit does not include any approvals to alter or dredge areas within the Type 7 wetland, "Hardwood Swamp", located in applicant's street yard or at the southeast corner of property. The City recommends that the wetland remain in its natural state and that applicant be allowed to plant appropriate species of trees and other aquatic vegetation. Prior to any planting within the Hardwood Swamp, applicant shall provide a schedule of the plantings for review of City sta.ff. Plantings shall be under the supervision of the Inspection staff. 2. Prior to any dredging or filling activities on the property, applicant or applicant's representative shall be responsible for staking the Type 1 or 2 wetland located within Lot 3 to the immediate north. In addition, applicant or applicant's representative shall be responsible for fencing off septic sites on Lots 3 and 4. . 3. Applicant/owner shall be responsible for maintaining adequate erosion control until ground cover is restored to entire disturbed area. • Page 3 of 5 � , .7 ♦ � O� • O O ��b. - CITY of ORONO � � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL � `�kEsxo�' No. �3 � 01 � b. The excavation of the pond within the northwest corner will have no impact on drainage of adjacent properties. c. Spoils from the dredging will be placed on upland areas on Lot 3 at a . minimum 26' setback from the protected Type 1 and 2 wetlands within the northern portions of Lot 3. d. John R. Smyth, an Aquatic Scientist with Bonestroo, Rosene, Anderlik and Associates, in his report dated� October 25, 1996, makes the following findings concerning the Type 7 wetland located in the front yard or southeast corner of applicant's property: 1) The wetland meets MinRAM High Quality Hardwood Swamp standards. • 2) Excavation of this wetland would greatly degrade the system which exists. 3) High Quality Hardwood Swamps are not prevalent in �much of this metro area and should be preserved when possible. 4) l��inRAM defines a High Quality Hardwood Swamp as having the following characteristics: Stands undisturbed or minimally clisturbed by artificial drainage, grazing, logging, impoundment, � filling, etc. Seedlings and/or saplings of native tree species evident indicating regeneration. Groundlayer composed of native grasses, sedges, ferns and/or forbs. Box elder, buckthorn, and/or reed canary grass, if present, each have less than 10 percent cover. 5) � The inspection of the wetland confirmed that the wetland _ community contained predominantly American elm with a groundlayer dominated by hop sedge and bristle pinkweed. Reed canary grass and cattail comprise less than 10 percent of the • wetland and are isolated in one end. .. . Page 2 of 5 . , , � � � O ' Y O O � �e- - CITY of ORONO � � �� ti ��i ��,'�' RESOLUTION OF THE CITY COUNCIL � 9kESH�g' NO. � � o ], 4. Applicant shall abide by all conditions set forth in the MCWD Permit 96-183 approved September 16, 1996. 5. Authorities granted with this conditional use pernut run with the property not with the applicant but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this permit will expire on that date (November 12, 1997). 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 himself, his heirs, successors and assigns, � hereby agrees to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 12th day of November, 1996. ATTEST: �� • _ / orothy M. H\ i , City Clerk Edward J. C . han, 7r., Mayor � �L(' Property Owner s) a • Page 4 of 5 . . , . � O� O O � ,b. - CITY of ORONO � � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL ��kESHOg'� NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 1996 by Edward J. Callahan, Jr. 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. �'.` � JAMIE L BOSMA _ � NOTARY PUBLIC-MINNESOTA �'r2j�� e;' •' ' HENNEPINCOUNTY � �-��•`� My Commisslon ExpiresJan.31,2000 Notary ub iC . .e.c .rr e� STATE OF MINNESOTA ) ) ss. • COLTNTY OF HENNEPIN ) On this ,3 r� day of ��iiic�ie� , 199�, before me a Notary Public within and for said County, personally appeared G ,G• !�%�P�nc�J �-�-a'�� 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. • `,.� JAMIE L.BOSMA N4TARY PUBLtC-MINNESOTA ' . �� : : HfNNEPiN COUNTY •,�. ARy Cormnl5sion Expires Jan.31,2000 • Not ry ublic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of _/��y,.,b e�- , 199� , before me a Notary Public within � and for said County, personally appeared �Po�� .� �i„ �r��n-,en. n-,a r y�� e� known to me to be the person(s) described in an h executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �'� �i �.r ,�i r �yr��_� ,-;,;'�r, . CAROLEAHASEMAN NOtary Public ; , ; NOTARYP�LlC-MINNESOTA � . � '�.• HENNEPIN COUN?Y �,,,.�.. My Commission Expires Jan,31,2Q00 Page 5 of 5