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HomeMy WebLinkAbout#7016 331-5 T-�is Str•-e-d-' Doc No T05646088 Certified, filed and/or recorded on Sep 19, 2019 1:36 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 152 Pkg ID 1878366E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1445314 This cover sheet is now a permanent part of the recorded document. v-Okp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� G,fi NO. 7 0 1 6 `1kkSHOSLt A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-1726 FILE NO. LA19-000055 WHEREAS, on July 17, 2019, on behalf of Hendel Homes (hereinafter the "Applicant), applied for an Interim Use Permit (hereinafter the"IUP"); the property addressed 3345 Fox Street and legally described as: Lot 2, Block 1, Fullerton 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 hauling of approximately 1,400 cubic yards of material from the Property to facilitate the construction of a new residence on the property; 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 IUP for the Property; 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 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 #LA19-000055. 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 �0k0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� �,� NO. 7 0 1 6 G tikESHG4' 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 3. The Property contains 4.67 acres in area and has a defined lot width of 225 feet. 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,after the fact,allowing the hauling of approximately 1,400 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 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 grading activity was 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 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 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 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 materials. However,activity of exporting approximately the proposed amount of material 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 2 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G,� NO. 7016 '1kEsxoO' construction of the proposed home may have resulted in additional noise,dust,vibration and traffic on the haul routes and immediate neighbors. 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.Do complaints were brought to the city's attention regarding this project while it was under construction. 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 was submitted for the new home. At that time it was identified that additional grading took place on the property requiring the need for an after the fact IUP. 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 applicant has already completed the hauling and the new home on the property. 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 hauling of approximately 1,400 cubic yards of material from the Property 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 approved project shall conform to the survey and grading plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. 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 by July 8, 2020 and commencing construction of said project. 5. 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. 3 �ONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� C. NO. 7 0 1 6 tikssH00' G ADOPTED by the Orono City Council on this 14‘ day of SQcky b0( , 2019. ATTEST: CITY OF ORONO: 1 iA A dt / 4.0 na Carlson, City C erk Dennis Walsh, Mayor 4 tr Y-CO-EGO ILLI-LI (LLI MSM*•WS!11t•••••m b .-a-1 0.04,4 MSS ,4n 3 Y1 7,401 3Mq N.OT1 ,4110,4 Gr• �� `'W�Mn•°N16�yw••a— __ 667NNY1(0NY1 VIIOUAYl16 WTI•RW N17N9 11117 11-0-6 WI••V+ ••,•6 1,•1 Y••••Il lry•we i M �O 'DNI 'S3,1VI00SSV v 021313,40210 133rOdd tom%"wgryg Zr;•N Y11`21, ,w` o.•.. .,...•.,.--- ...e -- ' , ( - -' L ' i ' I/ ',''^ >\ fir.; - ,r' ti < ,. ..,. , I GI .„ , PI i3I I , \\ •a i -- II _4 g I - I / / / \ , ' \, '9( _- I1\ ` - --- - E-1_� i .r/ N� , / )( , 1\ J' . - __ \ w � I -____!1 -� / A ' ,^\ --._- • i .d,D _ 71 �/ Q . 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'6" .- i a a e 'fit Piiiitz'l z \ art 3 ? gad Z II a Y STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 9, 2019 with the original thereof on file in my office, and the same is a correct transcription thereof WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 10th day of September,2019. OF Anna Carlson, City Clerk (seal) I/1f,} .'