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Home My WebLink About#3124-V/CUP-1992 . � ��-. . . . . . � � O� • O , O �. � CITY of ORONO � F '�' RESOLUTION OF THE CITY COUNCIL �� G �kES8�4 NO. 312 4 A RESOI�DTION GRANTING A VARIANCE TO MIINICIPAL ZONING COD$ SECTION 10.55, SIIBDIVISION 8, AND . GRANTING A CONDITIONAI. DSB PERMIT Pffit SECTION 10.03, SIIBDNISION 19 FII,E #1733 WH$REAS, Anthony J. Gleekel , Co-Chairman of Temple Israel's Camp Teko Committee and an authorized agent of Temple Israel (hereinafter "the applicant") has an interest in the property located at 645 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 12, Auditor's Subdivision No. 207 and that part of Lot 11 lying northwesterly of the southeasterly 20 feet thereof, Auditor's Subdivision No. 207, Hennepin County, Minnesota • (hereinafter "the property"); and WHEREAS, per Section 10. 03 , Subdivision 19 the applicant has applied to the City of Orono for a conditional use permit to allow land alterations in excess of 100 cubic yards involving maintenance of a 300' drainage ditch and vehicular trail and a variance to Section 10.55, Subdivision 8 as sections of the proposed land alterations are located within the 0-75' lakeshore protected area where no such land alterations �are permitted. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1733. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring a minimum of 1 acre in area. The subject property consists of approximately 20+ acres. 3. The Orono Planning Commission reviewed this application on May 18 , 1992 and recommended approval of the proposed variance and conditional use permit, based on • the following findings: Page 1 of 5 � ., � , � O� • O . O e. - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL �kESHO� NO. 312 4 A. The drainageway and adjacent trail to be altered are located within the severely steeped topographies of the property. B. Severe erosion problems exist within the area of the drainageway and vehicular trail. C. Original drainage improvements are inadequate to handle the localized watershed and heavy velocities of runoff. D. There is a need to maintain a safe level of pedestrian and vehicular access for the public who use the camp facility. 4. 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 would not adversely affect traffic conditions, light, air nor pose a fire 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; is necessary to preserve a substantial property right of the applicant; and 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 the repair and upgrading of the drainageway and vehicular trail 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 it 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. 6. The City Council has considered this application including the findings and recommendations of the P lanning Commission, reports by City staff, comments by • the applicant and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. Page 2 of 5 . , . . . . . . .. , . .. . . . . . . . ... . ,.W.M. .__ --..__..._... . .... . . . . ... _. . . . _ .. ... . . .. . . .. ` 4 � J � O� • O O b � CITY of ORONO � � ��L �G'�' RESOLUTION OF THE CITY COUNCIL �kESH04 NO. 312 4 CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code � Section 10.55, Subdivision 8 to allow land alterations within the 0-75' lakeshore protected area and per Section 10.03, Subdivision 19 grants a conditional use permit permit for proposed land alterations involving earth movements in excess of 100 cubic yards, subject to the following conditions: 1. Applicant shall apply to the City of Orono for the legal combination of parcels P.I.N. 05-117-23 33 0001 and P.I.N. 05-117-23 33 0002 . 2. Upon approval of Application #1733 by the City of Orono Council, applicant shall apply for a land alteration permit. The permit application must include an amended • grading and drainage plan that includes the fol lowing information: A. Removal of underground PVC culvert. B. Class III ripr.ap at an average size of 9 inches must be used. � C. Filter fabric must be non-woven fabric per Mn/DOT specification 3733, Type IV. � D. Minimal slope with fabric and riprap required is 3:1. E. Provide amended topographic information where bank is to be altered. Locate areas where retaining walls are to be installed to protect mature trees. F. Riprap drainageway should be extended all the way to the water' s edge (929. 4 elevation) . G. Provide riprap to the downside of the spil lways to limit further erosion. H. Add erosion control measures to final plan. • I. Other pertinent conditions recommended in the Minnehaha Creek Watershed District permit (submit copy of MCWD permit with permit application). Page 3 of 5 ., . ° , � O 'Y w ° . ° . - CITY of ORONO � � ti �� G'�' RESOWTION OF THE CITY COUNCIL �kESI;�4 NO. 312 4 3. Authorities granted by this resolution 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 the special conditions of this � resolution wil 1 expire on that date (May 26, 1993). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of Temple Israel, its successors and assigns, hereby agrees to the recording of this resolution in - the chain of title of the property. 'M� Adopted by the Orono City Council on this 26th day of Ma 1992. ' ATT T: , Do othy Hallin, City Clerk Barbara A. Peterson, Mayor � Property �v�er s) �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of May, 1992 by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota ' municipal corporation and said instrument was executed on behalf of the City. , CAROLE A. HASEMAN Nota Public NOTARY PUBLICrMINNESOTA ,, j HENNEPIN COUNTY � �.rr cc:;r.7;�SI0N GXPIRES&23�93 page 4 Of 5 ...,..�.. �._�_ -.-,.�..__.._._---.._ . ... { �V O� , 7 • O O b � CITY of ORONO . � . � ti �� p'�' RESOLUTION OF THE CITY COUNCIL �kESH�g' . NO, 312 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . � On this �� day of � , 1993 before me a Notary P lic within and for said county, person lly appeared • known to me to b t person(s) e ribed in and o ex cuted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. . . � �,,...,� CHERYL L DINCAU !j NOTAHY PUBLIC•MtNNESOTA � HENNEPIN COUNTY ,,y Canuxsstton 5�res u�r.to,t099 N OTARY P L I C �.�_c:., 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 hi s� (their) f ree act and deed. NOTARY PUBLIC • � Page �5 of 5