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Home My WebLink AboutResolution 7001 Doc No T05627199 Certified, filed and/or recorded on Jul 11, 2019 3:02 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 148 Pkg ID 1843845E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1477554 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CIITY COUNCIL yF �� NO. 7001 G ,let A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 FILE NO. LA19-000040 WHEREAS, on May 22, 2019, on behalf of the property owner, Pelican March Trust, L. Cramer Builders + Remodelers, (hereinafter the "Applicant'), applied for an Interim Use Permit (hereinafter the"IUP"); the property addressed 3280 Fox Street and legally described as: Lot 1, Block 1, Maxwell Bay Estates, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the export of approximately 4,000 cubic yards of material from the Property to facilitate the construction of a new residence on the Property; and WHEREAS, on June 17, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 17, 2019, the Planning Commission recommended approval of the IUP for the Property; and WHEREAS, on July 8, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested IUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000040. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 1 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 O 0 1 `gkFSHO�� 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 3. The Property contains 4.9 acres in area and has a defined lot width of 209 feet at the ordinary high water level. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Interim Use Permit allowing the export of approximately 4,000 cubic yards of material. 6. In considering this application, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed plan upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. INTERIM USE PERMIT ANALYSIS: On the basis of the application and the evidence submitted, the City Council determines that the use will comply with the following: 1) The use will meet the general performance standards in section 78-916 of this chapter; the removal of fill will not increase the height of structures on the property, proposed grading will conform to the standards within Section 78-916 of the Zoning Code. 2) The use is allowed as an interim use in the applicable zoning district; grading and export of materials are permitted within the LR-1A zoning district; this statement is true. 3) The use will not delay anticipated development or redevelopment of the site; the proposed grading activity will be conducted in conjunction with the development of the new single family home on the Property. This statement is true. 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code. 2 CITY OF ORONO RESOLUTION OF THE CITTY COUNCIL ESHG�� NO. 706 1 G tgk 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; this standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed material removals will not change the intended residential use of the Property so there should be no change in the use, the grades, or enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 4,000 cubic yards of fill and active grading of the Property during construction can have a temporary adverse impact on neighbors. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 6) The use will not impose additional unreasonable costs on the public; the home builder, builder's subcontractors, and Owner will be responsible for keeping debris off of the roadways; and will provide photo documentation of the condition of the City's roads on the route prior to hauling; repair to any damaged roadway will be the responsibility of the Owner. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. The grading and construction project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the Property. An as-built survey shall be submitted to confirm conformance with the approved grading plan prior to occupancy of the principal structure. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented herein as required. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No 7 0 0 `gkBSHO'' CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an IUP pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the export of approximately 4,000 cubic yards of material to facilitate the construction of a new residence on the Property; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The export calculations shall be provided as part of the Building Permit application 3. The Applicant shall provide photo documentation of the condition of the City's roads on the route prior to hauling; and shall be responsible for repair to any damaged roadway. 4. Any substantive increase in the quantity of material to be exported which are not in conformity with this approval may require further Planning Commission and City Council review. 5. Authorities granted by this resolution run with the Property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. 6. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 8th day of July, 2019. ATTEST: CITY OF ORONO: a22-�1=614e-' - N*4 � Anna Carlson, City Clerk Dennis Walsh, Mayor 4 BOLLIG & SONS INC. 7 O O 1 11401 COUNTY ROAD 3 Reol. No. HOPKINS MN 55343 Exhibit A 952-938-4133 FAX 952-938-9615 #LA19-000040 bolligandsons@msn.com June 11, 2019 To: L Cramer Design +Builders Attn: Greg Jurvakainen, Chris Email: greggicramer.com, chris�,Icramer.com JOB SITE: 3280 Fox Street Orono Job Description: See below proposed haul route- To whom it concerns- Load and haul 4000 yards of fill off site,to Bollig and Sons shop- Starting at 3280 Fox Street to Old Crystal Bay Road to Hwy 12 to 394 to 494 to Hwy 7 to Shady Oak Road, Approximately 4000 yards. Thank you for the opportunity to work with you on this project. We do appreciate your business. Respectfully, Jim Beuch