HomeMy WebLinkAboutResolution 1270 City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1270
OF
_ � A RESOLUTION APPROVING AN AFTER THE FACT
APPLICATION FOR A CONDITIONAL USE PERMIT
OF VERNE HUBBELL FOR GRADING AND FILLING
ON PROPERTY LOCATED AT 3340 WATERTOWN RD.
WHEREAS, the City of Orono is a Municipal Corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statute 412 et. seq. and 463 et. seq
the City Council of the City of Orono has adopted zoning regulations for
the protection of the public health, safety and welfare; and
WHEREAS, pursuant to section 31 .700 of the Orono Zoning Code ,
Verne Hubbell has been required to file an application for a Conditional
Use Permit for grading and filling work done without the City' s approval
on property located at 3340 Watertown Road; and
WHEREAS, after the review of the Planning Commission and City
Staff , the City Council hereby makes the following findings of fact:
1 . The Hubbell property consists of 2 parcels legally
described as follows :
PARCEL #1 COM AT A PT 14 FT E OF NE COR OF E 3 ACRES OF THAT PART OF W 30 RODS OF
SE 1/4 OF SE 1/4 LYING H OF ROAD TH W TO irA CCR OF SAID 3 ACRES TH S ALONG
W LINE THOF TO N LINE OF ROAD TH SELY ALCNG SAID ROAD LINE TO A PT 10 9/10
FT SELY FROM SE COR OF SAID 3 ACRES TH NLY TO A PT 1032 FT S FROM N LINE
-OF SE 1/4 OF SE 1/4 AT PT OF BEG TH N TO BEG
PARCEL #2
C01 AT THE t'W COR OF THE E 3 ACRES OF THAT PART OF THE W 30 PC^S OF THE
SE 194 CF THE SE 1&4 N OF ROAD TN S TQ -:J Cul THEREOF TH WLY •.LCN*'N LINE
OF ROAD TO SE COR OF THE W 6 ACRES OF THAT PART OF THE SE 1&4 OF SE 1&4
N OF ROAD TH N TO HE COR THEREOF TH E TO BEG
2 . The fill site covers 24000 square feet of area or
. 55 acres; 175 square feet of a designated wetland
has been filled.
3. Hubbell states that he has been filling and grading
within the subject area for 15 years. The volume of
fill totals 2900 cubic yards.
PAGE 1 OF 3
a
l
City of ORONO
RESOLUTION OF THE CITY COUNCIL
CITY NO. 1270
OF
• R • •
4 . The fill area is unprotected; the fill consists
of black dirt with some sections containing large
chunks of concrete and cement blocks.
5 . The neighbors properties are not affected by
drainage from the fill site.
6. The majority of the surface drainage runs towards
the wetlands to the north; there was no sign of
excessive sedimentation along the southern edge
of the wetland.
7 . To require the removal of such an extensive area
of fill would create greater environmental harm
to the neighboring properties and the wetlands to
the north.
8 . To commence an immediate program of conservation
and protection of the subject area would be more
in keeping with the intent and objectives of the
Orono Zoning Code and Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Orono hereby approves the after the fact application of Verne
Hubbell for a Conditional Use Permit for grading and filling subject to
the following conditions :
1. All fill' to be removed from the designated
wetland and from an area 26 feet in width
around that defined wetland.
2. All concrete chunks and cement blocks buried
to allow adequate maintenance and the remaining
fill graded so that the sides do not exceed a
4 . 1 slope.
3. The entire area is to be reseeded; hay bales
placed along the southern edge of the wetlands
are to remain in place until a final inspection
of the site confirms that the reseeding has taken
hold.
PAGE 2 OF 3
City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 1270
ORONO
4 . All corrective work is to commence as soon
as the City' s road restrictions are removed.
Council and the applicant have agreed upon
August 1 , 1981 as a realistic and feasible
completion date. The City is to be notified
if Hubbell finds that he cannot meet the agreed
upon deadline.
5. Any violation of this agreement or failure to
comply with all conditions will be considered
a violation of the Zoning Ordinance of the City
subject to full prosecution therefore.
ADOPTED BY the City Council of the City of Orono , Minnesota at a regular
meeting held 1981 .
Verne Hubbell
zlupj�Lm X ,
William B. Van Nest, Mayor
ATTEST:
Alberta M. Strom, City Clerk
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
On this gy day of z 19 V before me
personally appeared
, to me known to be the person (s) described in and who
signed the foregoing instrument, and acknowledged that they executed
same as their free act and deed.
NOTIjM
l+wdo ua�w�MMI(IM Nld3NN3H
*nWW AWUW
I AOM'S At"