HomeMy WebLinkAboutRes 2083 V�_: _ yY City of ORINI
.� RESOLUTION OF THE CITY COUNCIL
NO. 2083
r
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE 11082
WHEREAS, John F. Dougan (hereinafter "the applicant") is the
owner of the property located at 2785 White Oak Circle within the City
of Orono (hereinafter "City") and legally described as follows:
Tract A, Registered Land Survey No. 1447, Hennepin County,
Minnesota, (hereinafter "the property" ) ; and
WHEREAS, the applicant has applied to the City of Orono for
a Conditional Use Permit to permit grading and excavation of a
retention pond and swale for flood control purposes, per Municipal
Zoning Code Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1082.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. On October 20, 1986, the Orono Planning Commission reviewed
the application as proposed and recommended approval , finding
that :
A) The applicant' s property suffers flooding on an
occasional basis. The property is relatively low within the
watershed and the property is nearly level from west to
east, hence drainage from the steeper watershed upstream
slows down and accumulates on applicant's property.
B) The drainageway through applicant's property is not a
designated wetland.
C) The applicant's drainfield is within the area that is
occasionally flooded and is affected adversely during such
periods.
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RESOLUTION OF THE CITY COUNCIL
NO. 2083
44
01191410
. ) The combination of pond excavation and associated fill
to direct the drainage away from applicant's drainfield may
have some beneficial effect on the drainfield but might not
solve the back yard flooding problem without a more
comprehensive project including neighboring properties
downstream. The applicant has acknowledged that this
project may not solve the entire flooding problem.
E) The applicant has obtained the required permit from the
Minnehaha Creek Watershed District.
4. Work done by private property owners which was tacitly
allowed by the City, which resulted in channelization of portions
of the upstream watershed, may be contributing to some degree to
the rate of run-off reaching applicant's property.
5. The proposed grading and excavation will have no anticipated
effect on the watershed upstream of the property, and is expected
to have no significant effect on nutrient retention or rates or
amounts of run-off downstream from the property.
6. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by staff and comments of the applicant and the effect of
the proposed use on the health, safety and welfare of the
community.
7. The City Council finds that granting a Conditional Use Permit
to allow the grading and excavation of a retention pond and swale
will not be detrimental to the health, safety or general welfare
of the public, would not adversely affect light, air nor pose a
fire hazard or other danger to neighboring properties, nor will
it depreciate surrounding property values and that the proposed
level of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the
City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Permit per Municipal Zoning
Code Section 10. 03 , Subdivision 19 to permit the grading and
excavation of a retention pond and swale for flood control purposes,
subject to the following conditions:
1. Applicant shall execute a Developer's Agreement and provide
acceptable security for the project prior to commencement of
work.
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% t. City of ORONO
,,,,,,,,;,,,w-:::_,;.tYRESOLUTION OF THE CITY COUNCIL
NO. 2083
ssc
2. Applicant shall grant Drainage Easement and Flowage &
Conservation Easements over the pond and swale, legal description
to be provided by the City Engineers.
3. Suitable erosion control measures shall be provided as
required by the City Inspector.
4. The disturbed areas shall be re-vegetated as soon as feasible
following completion of the grading work.
5. Applicant's contractor shall obtain a grading permit prior to
commencement of the work.
6. 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.
7. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his 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 this 24th day of
Nov- ber, 1986.
ATT `T:
d ' / / ' ' / \\\ kl.\N J
/._%
D• •thy M Hallin, City Clerk Mary C. B er, ayor
- /frV1,1:. ~A- �, .
Pro.-rty Owner(s )
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if City of ORON�O
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j x RESOLUTION OF THE CITY COUNCIL
2083
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 14th _lay of January , 1987
before me a Notary Public :within and for said county, personally
appeared John F. & E. Lynn Dougan, husband/wife known to me to be
the person(s ) described in and who executed the foregoing
instrument, and acknowledged that he (the, executed the same as
his (their) free act and de=
:d.
THERESA L. NAAFI
y �.�_ NOTARY MINA- MINNESOTA
"K N.: HENNEPIN COUNTY� NOTARY PUBLIC
9/8/92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their ) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 4 of 4
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i1
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County, Minnesota , do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on November 24th , 19 86 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
15th , day of anuary , 19 87
,
D7 othy ( Hallin , City Clerk
(SEAL)
§ 10 .09
Subd. 8 . Conditional Uses : Lapse of Permit. A
conditional use permit shall lapse one year following the date on
which it became effective, unless prior to that time a building
permit is issued by the Building Inspector and construction is
commenced and pursued toward completion on the site which was the
subject of the conditional use permit application. A conditional
use permit may be renewed for an additional period of one year
provided that the request be filed prior to the expiration of one
year from the date when the use permit is filed with the Zoning
Administrator. The Council may grant or deny an application for
renewal of a conditional use permit.
Subd. 9. Conditional Uses: Lapse of Use. Should a
conditional use permit lapse or cease for a period of six (6)
months, future use shall be in conformance with the terms of the
Zoning Chapter unless such lapse or cessation is determined to be
due to illness , natural disaster or acts of war .
Source: Municipal Code
Effective Date : 9-14-67
Subd. 10. Conditional Use Permits for Non-Conforming
Uses. All non-conforming uses actually and legally existing on
December 1, 1974 , shall be issued a conditional use permit upon
application therefor not later than January 1, 1976. Such
conditional use permit shall allow the continuation of the non-
conforming use to the same extent and degree as then existing on
December 1 , 1974 . Such permits shall be granted without
application fee and the Council shall be limited in such permits to
the full and accurate statements of the conditions pertaining to
the existing uses. Such permits shall not be subject to periodic
review.
Source : Ordinance No. 172
Effective Date : 1-1-75
Subd. 11. Conditional Uses : Review Upon Neighbors'
Petition. Conditional use permits shall not be subject to periodic
Council review for the purpose of change or revocation, unless such
a review is one of the conditions of the original permit, or ,
unless the actual land use is determined to be in violation of the
terms of the permit, provided that, upon petition of 75% or more of
the adjacent property owners (defined here as those whose property
lies within 1,000 feet of the property subject to the conditional
use permit) the Council shall hold a public hearing on the
continuation of the permit. The Council shall determine, after
such public hearing, whether the continuation of the conditional
use in question is consistent with the health, safety, and general
welfare of the residents of the City. The Council may, after such
petition and hearing, continue the conditional use permit
unchanged, approve a new permit with such additional conditions as
may be necessary to protect health, safety or general welfare, or
ORONO CC 271 (4-1-84)
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 10, 1986
#1081 LONG CONTINUED
It was moved by Councilmember Callahan, secondee: by
Councilmember Adams, to table this request directing
staff to work with applicant on alternative plans and
bring back for Council review at the November 24t1'
\\ Council meeting. Motion, Ayes 5, Nays 0 .
#108 21JOHN F. DOUGAN
2765 WHITE OAR CIRCLE
CONDITIONAL USE PERMIT
RESOLUTION
Mr. Dougan wa:, not present for this matter.
City Administrator Bernhardson explained the request to
excavate a storage pond and swale for flood control
purposes. Staff and City Engineer Cook feels that the
proposal will not stop the ponding on the applicant's
property, however it will not aggravate the situation.
Councilmember Frahm stated that he felt that the
applicant should obtain written non-objection from the
neighbor to protect the City's liability.
It was moved by Councilmember Grabek, seconded by
Mayor Butler, to table this application pending comments
from the neighbor. Motion, Ayes 5, Nays 0.
#1084 ROBERT MAXFIELD
4175 NORTH SHORE DRIVE
VARIANCE
RESOLUTION #2079
Robert Maxfield was present for this matter.
City Administrator Bernhardson explained the request to
allow a second residence to be constructed on a group of
commonly owned, separate tax parcels totaling 1.03 acres
in the LR-1B one acre zone. There are 5 parcels in
total. The proposal is to keep 3 parcels totaling 0.57
acres (125' in width) with the existing house and bui ] dd
another house on the remaining 2 parcels totaling 0.46
acres (100' in width). He noted that the 5 parcels have
been assessed a total of two sewer units when sewer wan
installed. He also noted that Hennepin County ban
approved the access.
Mayor Butler asked how these proposed lot sizes compat •
with the general lot sizes of the neighborhood .
Assistant Zoning Administrator Gaffron stated that t}, ''
are similar to the neighborhood lot f.i zes. He no'
that the vacant 0.46 acre lot is larger than 2r44 of
existing developed LR-1B properties.
•
ZONING FILE NO. 1082
CITY OF ORONO NOTICE OF PLANNING COMMISSION ACTION
•
P.O. Box 66
Crystal Bay, MN 55323 473-7357 Date of Notice: 10/24/86
TO: John F. Dougan COPIES TO:
2785 White Oak Circle
Long Lake, MN 55356
TYPE OF APPLICATION: XX Conditional Use Permit
DATE OF MEETING: 10/20/86 VOTE: 4 For 0 Against
Planning Commission recommends the following:
XX Approval: Subject to conditions noted below
NOTES AND SPECIAL CONDITIONS:
1. Subject to applicant signing a developers agreement (plea:"
contact staff to discuss this) .
2. Subject to granting a conservation and flowage (drainage)
easement over the pond and swale.
Applicant's next scheduled meeting is confirmed as:
Council Monday November 10, 1986
If you desire certified copies of the official Planning
Commission minutes, they are available from the City Recorder
after review and approval by the Planning Commission.
•
YA� CITY of ORONO
Post Office Box 66•Cryetal Bay,Minnesota 55323.Municipal Offices
k 'OF Z
QOn the North Shore of Lake Minnetonka
i3ON;d
October 22, 1987
John F. Dougan
2785 White Oak Circle
Long Lake, MN 55356
Re: Conditional Use Permit for Pond Construction Zoning File #1082
Dear Mr. Dougan:
In reviewing our files, I note that you have not yet commenced work1on
the pond which was approved per Resolution No. 2083 on November 24,
986.
i suspect the relatively dry winter and spring somewhat decreased the
severity of the drainage problem on your property.
This letter is to alert you that the Conditional Use Permit approved
to construct the pond expires on November 24, 1987. You have the option to
apply for a 1-year extention of that Conditional Use Permit.
The renewal application fee is $100, half the inital application fee.
Your fee and completed application (copy attached) would have to be
returned to the City offices no later than Tuesday November 24, 1987. No
other new submittals would be required.
The renewal, if approved, would allow you to construct the pond before
November 24 , 1988.
Please contact me at 473-7357 if you have any questions.
Sincerely,
it�Y•(' ('/' ' /"_-�_
Michael P. Gaffron
Arlt . Planning F. Zoning Administrator
incl r 1lrplicr.^z•' Copy, Resolution #2083
Copy of Goction 10.09 Subd 8
i';r,' Application Form
1r,.frN:ISru %;1c1•;.c. rr�Vv(1 a-i,l<q . 19 NI
MII:U71::i or THE PLANNING COMI.IIJSIO: MEETING HELD OCTOBER 20, 1986
1001 LONG CONTINUED
It Was :ove.I by Ch.. I r man :;b con .ed by L L 1 LOWS, t•.
recomucen,l approval based on staff's findings an:1 the
Cvllc.win:3 cvncliLions:
1. riurt remove c.juivalont amounts of 0-73' har .:covur
so that fl-75' hardcover remains at existing level of
41. 9% (1152 s. f. ) .
2. approve increase of hardcover in 75-250' from
43.1'% to 43. 7%.
:lotion, Ayes 4 , Nays 0.
41082 JOHN F. DOUGAN
2785 WHITE OAK CIRCLE
CONDITIONAL USE PERMIT
PUBLIC HEARING 10:14 10:29
John Dougan was present for this matter .
The Affidavit of Publication and Certificate of Mailing
was noted.
Assistant Zoning Administrator Gaffron explained the
request to create a ponding area and swale to collect
runoff from the occasional "gully washer" that inundates
their backyard for 12 to 48 hour periods. He stated
that the City Engineer has reviewed the plan , and
although he generally has no problem with the proposal,
he has some reservations that it will solve the problem.
He noted that staff recommends requiring a developer's
agreement and granting a conservation & flowage
esement.
Bellows indicated concerns that this project will not
suffice to correct the problems.
Assistant Zoning Administrator Gaffron stated that
applicant has been made aware of the concerns and
realizes that the proposal is net a cure-all.
Mr. Dougan stated that the problems started after
work was done on the east and north of his property and
a culvert was put in two years ago.
No one was present from the public regarding this matter
and the public hearing was closed.
It was moved by Bellows , seconded by Goetten , to
recommend approval subject to:
1 . applicant signing a developers agreement .
2. granting a conservation & flowage can ment over
the pond and s•.,'ale.
Motion, Ayes 4, Nays 0.
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CITY of ORONO
Post Ofti' Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
On the North Shore of Lake Minnetonka
•
May 29, 1984
82
, ,
Mr. John Dugan
2785 White Oak Circle
Long Lake, Minnesota 55356
Re: Drainage Problem
Dear Mr. Dugan:
I reviewed your drainage situation with Glenn Cook, City Engineer,
and John Gerhardson, Public Works Coordinator. Mr. Gerhardson
informed me that the grading work done at 425 South Old Crystal Bay
Road had been maintenance of the existing drainageway and did not
require a permit. Our 1971 file air photos indicate the area was
not a retention basin then, which bears out the fact that this is
an historic drainageway. Mr Cook indicated that in his opinion,
the grading in itself, would likely not have the effect of signifi-
cantly increasing the volume or velocity of flow through the culvert
onto ycur property.
A topographic investigation of the watershed draining through your
property indicates it is roughly 17 acres in area. The relatively
steep slopes and clayey soils throughout this area would tend to
create a naturally speedy runoff.
Both Glenn and John were of the opinion, and I concur, that the
ponding effect you are getting is most likely a result of the "trapped"
basin behind your house. The water level has to raise to a certain
level before it overflows across into Marier 's property and to the
southeast. There may be an old agricultural drain tile in this low
spot that has plugged up or broken, which could also be slowing the
drainage. We know there was a 12" diameter (approximately) draintile
found during construction of the home at the end of White Oak Circle.
A tile system may indeed extend into your property. Air photos show
this property has been under cultivation previously.
am afraid I do not have a quick and easy solution for your ponding
problem. You might consiuer creating a swale across the hump between
your property and Marier 's so that water does not stand in your back
d. r do not know what effect this might have on Marier 's property
++\r^,-. J'1 'I'' • \I)t1I\ICIH%HO\A IIVAK('1 4/171tM • 1'1 RI I( NO14 1'I •)cv
John Dugan
May 29, 1984
Page 2
or others downstream. Depending on the scope of such a project,
a permit might be required. You might consider consulting an engineer
or hydrologist on this matter.
Please feel free to call me if you have further questions.
Sincerely,
Michael P. ffron ,.
Assistant Zoning Administr r
Attachments ;1,.
cc: Mr L. James Marier,
2775 White Oak Circle
Long Lake, MN 55356
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GRADING AND DRAINAGE PLAN
FOR JOHN F. DOUGAN
IN TRACT A R.L.S. 1447
HENNEPIN COUNTY, MINNESOTA
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