HomeMy WebLinkAboutResolution 6516 wilt /2d
Doc No A10246827
Certified, filed and/or recorded on
Oct 8, 2015 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 97 Pkg ID 1304194M
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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N O. 6516
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A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
PURSUANT TO MUNICIPAL ZONING CODE
SECTIONS 78-916 and 78-966
FILE NO. 15-3716
WHEREAS, Mark Anderson and Kristen D. Anderson, a married
couple (herein after the "Owners") are the owners 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, in June 2014 the City granted conditional use permit
(hereinafter the "CUP") via Resolution No. 6411 for filling and grading activity in excess
of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916 and 78-966 to
incorporate a total of 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, the Owners imported a total of 17,000 cubic yards of material
to the Property and were issued a Stop Work notice by the City and were instructed to
seek after-the-fact approval of the additional 7,000 cubic yards of material;
WHEREAS, the Owners have made application to the City of Orono for
an after-the-fact and amended CUP per Orono Municipal Zoning Code Sections 78-916
and 78-966 in order to import a total of approximately 10,000 cubic yards of additional fill
(7,000 cubic yards after-the-fact and 3,000 cubic yards new additional) brought into the
Property in order to complete the project to create a level slope for farming; and
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 June 15, 2015 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 15-3716.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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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 June 15, 2015 and voted 6 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:
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 filling and re-grading of the Property, once completed, will have
no impact on surrounding lands. The grades, once vegetated, will
blend into the rest of the pasture acreage.
d. The proposed grading and improvements will not substantially impair
the use and enjoyment of the properties in the area or have an
adverse impact on the property values in the area when compared to
the impairment or impact of generally permitted uses.
e. The result of the proposed grading will not change the intended
residential use of the property so there should be no change in the
use and enjoyment of adjacent properties resulting from the import of
fill. However, the prolonged activity of importing fill and actively
grading the property will have an adverse impact on neighbors,
surrounding properties, and users of Watertown Road. Trucks hauling
and equipment working on the site will likely 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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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�sxoti NO.
6516
f. The haul routes shall 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 10,000 cubic yards of additional fill into the Property for a total import of
20,000 cubic yards; 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. A double row of silt fencing shall be placed and maintained between the extent of
the grading activity and the wetlands on the Property.
3. Only clean fill is permitted. The City Engineer shall be allowed to inspect any fill
being imported to the site prior to deposition;
4. Owners shall provide certification documentation evidence that all fill brought to
the Property to date and all fill to be brought to the Property consists of only
clean fill material;
5. A haul route shall be submitted to the City Engineer for approval and inspection
prior to commencement of hauling to the site. The Owners shall be responsible
for repair to roadways for any adverse impacts. Upon inspection, the City
Engineer shall establish an appropriate escrow amount to guarantee repair of
roadways;
6. Hauling activity may occur only Monday through Friday between the hours of
7:00 a.m. and 8:00 p.m. as designated in Section 58-121;
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 5 1 6
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7. Equipment activity specifically relating to the grading project within the Property
may occur only Monday through Friday between the hours of 8:00 a.m. and 6:00
p.m.;
8. The grading activity should ensure the surface overflow is maintained at existing
elevations on the south side of the wetland on the Property;
9. Upon completion of the project an as-built survey shall be submitted reflecting
conformance with the approved plan. The Property will be evaluated from an
erosion and sediment control risk perspective prior to release of escrow funds;
10. The Owners shall submit plans and a permit application to address the retaining
walls constructed on the site without proper City permits prior to the release of
the escrow funds;
11. The Owners shall comply with the ongoing recommendations of the City
Engineer and the requirements of the other involved regulatory agencies;
12. An administrative Zoning Permit for Land Alteration will be required and a pre-
construction meeting involving all relevant parties shall be held at least 7 days
prior to commencement of grading work following any approvals granted by the
City Council;
13. Hauling activity shall be limited to a total of 60 days from the date of the pre-
construction meeting. A 10-day extension of the hauling activity timeline may be
granted by staff upon request 10 days prior to the 60th day;
14.Authorities granted by this resolution run with the Property not with the Owners,
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 22, 2016).
15. 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.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
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16. The undersigned Owners have read, understand and hereby agree to the terms
of this resolution and on behalf of the Owners and the Owners' heirs, successors
and assigns, hereby agree to the recording of this resolution in the chain of title
of the Property.
Adopted by the Orono City Council on the 22"d day of June, 2015.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 65 16
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ATTEST:
eTiegs, CityrlerlqLili Tod McMillan, Mayor
Property Owner(s)
STATE OF MINNESOTA
COUNTY OF HENNEPPIN
This instrument was acknowledged before me this day of JJAJI.4, ,
2015 by Mark Anderson husband of Kristen D. Anderson.
MONICAA.FADNESS
NOTARY PUBLIC MINNESOTA Notary Public
My Commission Expires Jan.31,2017
STATE OF MINNESOTA
COUNTY OF HENNEPPIN
This instrument was acknowledged before me this o2( day of r
2015 by Kristen D. Anderson, wife of Mark Anderson.
ANotaPublic
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MONICA A.FADNESS
NOTARY PUBLIC-MINNESOTA
NN Commission Expires Jan,31,2017
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65 76 Resolution
Exhibit A
PROPOSED GRADING PLAN AND
TOPOGRAPHIC DETAIL FOR
MARK AND KRISTEN ANDERSON
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STATE OF MINNESOTA )
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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 June 22, 2015 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 geal��the`City this
22°a day of September, 2015. ��;� �� •fl,! ; ;
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