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Home My WebLink AboutResolution 6411 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G� 6 4 1 1 NO. t�kESHo � A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 and 78-966 FILE NO. 14-3.669 WHEREAS, Mark Anderson and Kristen D. Anderson, a married couple (herein after the "Owners") are the owner of the property located at 3850 Watertown Road within the City of Orono (hereinafter the "City") and legally described as Lot 1, Block 1, Hillaway Farm, Hennepin County, Minnesota, (hereinafter the "Property"); and WHEREAS, the Owners have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916 and 78-966 to incorporate approximately 10,000 cubic yards of fill into the Property in order to create a larger flat area west of the barn for the keeping of horses; WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on May 19, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 14-3669. 2. The Property is located in the RR-1A, One Family Rural Zoning District which requires a minimum lot area of 5.0 dry acres and a minimum lot width of 300 feet. 3. The Planning Commission reviewed this application at a public hearing held on May 19, 2014 and voted 7 for and 0 against on a motion to approve the CUP. The Planning Commission finds that the following factors support the granting of the requested CUP: Page 1 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y 6411 �~ NO. Fs H oV a. The Property is 22.5 acres in area; has over 850 feet of width along Watertown Road. b. The request for fill in excess of 500 cubic yards will not significantly impact the Property as viewed from Watertown Road. The grading on the Property will have no impact on surrounding lands. The finished grade will be vegetated with a pasture mix to blend into the pasture acreage on the Property. The project, once completed, should not result in undesirable views requiring mitigation. c. The proposed grading will not change the intended rural residential use of the Property so there should be no change in the use and enjoyment of the adjacent properties. d. The haul routes should be submitted to the City and will be monitored. The Owner will be required to keep debris off of the public roadways. The grading project has been evaluated by the City Engineer and should not create a nuisance situation. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed CUP on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916 and 78-966 in order to incorporate approximately 10,0000 cubic yards of fill into the Property; subject to the following conditions: 1. Council approval is based on the grading plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the grading plan may require further Planning Commission and City Council review. 2. An administrative Zoning Permit for Major Land Alteration is required prior to the commencement of grading activities. 3. A double row of silt fencing shall be placed and maintained between the extent of the grading activity and the wetland on the Property. Page 2 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiF q �G~ NO 6411 kES H O� 4. The Owner shall submit haul routes to the City for approval with the administrative Zoning Permit for Major Land Alteration. 5. The Owner shall conform to the recommendations of the City Engineer as outlined in the May 15, 2014 memo. 6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 7. The Owner shall submit an escrow in the amount of $3,000 for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 8. An as-built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 9. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by completing the project within one year of the date of Council approval, or the CUP will expire on that date (June 9, 2015). 10. 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. 11. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 9th day of June, 2014. ATTEST: Rachel Dodge, City Clerk Li i Tod Mc illan, Mayo Page 3 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 4 1 1 kESHO� Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this �_day of 2014 by Mark Anderson husband of Kristen D. Anderson. .m MONICAA.FADNESS } -F` NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2017 STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this 7 day of l k4 , 2014 by Kristen D. Anderson, wife of Mark Anderson. B,ARBARAG-SILUS Notary Public NOTARY KI&IC•�NESOTA µY Cm n EXp len.31,MO Page 4 of 4 B .. 07 I.. -7 - F, -T--- vi: (� .�,.<a,: III111111111 il'v f f o I 1 T 11 i I 111"1/ 1 �.. i j H� PROPOSED GRADING PLAN FOR /I 1111//�/ 6` \ nl. �l., \. 11e \\\\\1 11 11j11 �\\ \\111111111\► 1� I�I �MARK 8 KRISTEN ANDERSON \\16 U), IN LOT 1, BLOCK 1, HILLAWAY FARM >w,..� ,,.n i \/// 111 / �;'//�'J 111\\\` I 1\. \ `•'\\\\'\111111\\ --�I!. °�S HENNEPIN COUNTY, MINNESOTA I;l(;Ill %III �'' ' �6 �•`'?II \ ;.\ \\\ 111\ '\\\'- UP Ill//11111 \ d /� I I II\1111111\�, =— =ice L Z Z o 1002 aoo SCALE IN � IEGIOESCYtVT10H OF PFEeYSESBWVe'IFL' I � '� "� LOT AREA,22.54 -ACRES �,,,.++M \MIa.kntV _LF 1 •'JiH 'la PROPOSED IMLYAR 5 �� \,l•/ (( \ 70,160s-CUBIC YAR 5, III�L• \ I "Em H ASE( \\ Nall UieWcex elwwi in peaatiaftl we elkd bx.d—pkn b,mb +'�.`. 4-�_, I 1 \ \`\\` \`•`�-�� .` 51 C O k EtllaexnB eaM<uk-0— M maps w n \' �aonla..xn< b omaa � Y a i RECEIVED tl:� [172oll CITY OF ORONO ;u lei x $ 2: o cr cr D0 I ; ; 5 uloe ...•. 118-23'-�•.,\ I II 1 I I I ��r 01\ ��\\ `�\ \\ \\ \ `\ 11111 \\ `\ I � I }• \ \ \ \\\\ `\\ \ \\111 11 111 1 1 _ � 4 - ` WO 11111 \- -------- ? \ ;�• \ \ \ \ \ 1 \ \ -,oer-------- W • ��/ I IL.0'w4 Nw h 11.6 1 I 1 ( / I \ \ \ \ \ I\ 1\ I\ I IofC`A 4,OW 11a,Sac.3F1AIN\\ \ \ \ \\ \ \ \ 89'O6'2�w�3a \ \ \\\ � \ •op\\ \ \\ \ \\ —f 1 \ ��\�\\�—�—X022--_�r a.ems \ \— \ Nd ELL NN e Iwthln II \\ \\ \ \\ \ \ \ \ iEXI$Tk -�18 j/' 3 I \� (�� / Ns9•mzo'w 2�w \, N e9• ,W w iz fm PROPOSED FILL \ / I 10,150+-CUBIC YARD�Y WETLAND AIN- EATED BYPT•HERS "' \96.0 11 I\ V A d PR POSE IL C \ \\\ \ \ ••• N