HomeMy WebLinkAboutResolution 7015 Doc No A10703665
Certified, filed and/or recorded on
Sep 19, 2019 1:35 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 102 Pkg ID 1878364E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. O
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A RESOLUTION
APPROVING AN INTERIM USE PERMIT
PURSUANT TO
MUNICIPAL ZONING CODE
SECTION 78-1726
FILE NO. LA19-000054
WHEREAS, on July 17, 2019, John Kraemer(herein after the"Applicant"), applied
for an interim user permit to export approximately 3,200 cubic yards of fill material pursuant to the
City Code from the property addressed 855 Old Crystal Bay Road South and legally described as:
Those parts of Government Lot 7 in Section 9, Township 117, Range 23 West of the 5th
Principal Meridian, and Lot 3, Block 1, LITTLE ORCHARD described as follows: Commencing at
a point 302.81 feet South of the North line and 462 feet West of the East line of said
Government Lot 7, also being the Northwest corner of Lot 3, Block 1, LITTLE ORCHARD;
thence South 78 degrees 04 minutes 18 seconds West, 95.89 feet; thence South 7 degrees 30
minutes 30 seconds West, 135.11 feet to the point of beginning of the parcel being described;
thence continuing South 7 degrees 30 minutes 30 seconds West 100.80 feet; thence South 37
degrees 22 minutes 34 seconds West 491 feet more or less, to the shore of Maxwell's Bay,
Lake Minnetonka; thence Southeasterly along the shore of said lake to an intersection with a
line running Southerly, parallel with the East line of the above mentioned Government Lot 7 in
said Section 9, from a point bearing South 12 degrees 54 minutes 40 seconds West and distant
766.76 feet from the point of commencement, said last described course being hereinafter
referred to and designated as "Line X'; thence North along "Line X"to said point being South 12
degrees 54 minutes 40 seconds West and distant 766.76 feet from said point of
commencement; thence North 12 degrees 54 minutes 40 seconds East along a line which if
extended would go to the point of commencement, said last described line being designated as
"Line Y" a distance of 371.76 feet to the Southwest corner of said Lot 3, thence easterly along
the southerly line of said Lot 3 a distance of 98.00 feet, thence North 5 degrees 19 minutes 53
seconds East a distance of 134.99 feet; thence North 50 degrees 48 minutes 01 seconds West
a distance of 171.70 feet to the point of beginning.
For the purposes of the foregoing description
The East line of the aforesaid Government Lot 7 in said Section 9, Township 117, Range 23
West of the 5th Principal Meridian, is assumed to be a due North and South line.
The point of commencement is the same as the point of beginning of the description of the
property conveyed to Leonard G. Carpenter and Geraldine K. Carpenter, husband and wife, by
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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Trustees'Deed dated September 26, 1938, between Charles Koon Velie, et al as Trustees
under the Last Will and Testament of Charles D. Velie, deceased, and said Carpenters, filed for
record in the Office of the Register of Deeds of Hennepin County, Minnesota, on November 10,
1938, in Book 1445 of Deeds, Page 293, and
Line X and Line Y are a portion of the Westerly boundary of the property conveyed by said
Trustees'Deed of September 26, 1938 to said Carpenters, and are now a part of the West line
of the plat of LITTLE ORCHARD, Hennepin County, Minnesota (hereinafter the"Property");
WHEREAS, the Applicants have made application to the City of Orono for an
interim use permit pursuant to Orono Municipal Zoning Code Section 78-1726 to allow the
export of approximately 3,200 cubic yards of excess fill material from the Property in conjunction
with construction of a new residence; and
WHEREAS, on August 19, 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 August 19, 2019, the Planning Commission recommended
approval of the interim use permit; and
WHEREAS, on September 9, 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 interim use permit 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#LA19-000054. 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.
2. The Property is located in the LR-1A Single Family Lakeshore Residential Zoning
District.
3. The Property contains 2.46 acres in area and has a defined lot width of 210 feet.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7 0 1 5
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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. An Interim Use Permit for the export of approximately 3,200 cubic yards of fill
from the Property.
6. In considering this application, the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed project
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.
ANALYSIS:
The Planning Commission may recommend and the Council may grant an Interim Use Permit
(IUP). 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 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.
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
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RESOLUTION OF THE CITY COUNCIL
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fill materials. However, activity of exporting approximately 3,200 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 builder and
owner will be responsible for keeping debris off of the roadways. 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 MCWD, the City Engineer, and building inspectors
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 at the closing of
the permits.
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 as required.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1726 to allow the export of approximately
3,200 cubic yards of excess fill material from the Property in conjunction with construction of a
new residence; subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to Building Permit RPS19-000079 for the new home.
3. The Applicant shall follow the approved haul route.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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4. 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.
5. 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.
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 9th day of September, 2019.
ATTEST: CITY OF ORONO:
nna Carlson, City Clerk Dennis Walsh, Mayor
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