Loading...
HomeMy WebLinkAboutReso # 2971 CITYof ORONO VAjr ._ raj 1'r �Y,+ �� RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 2971 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1616 WHEREAS , Gary D. Mroz and Kenneth R. Hopkins (hereinafter "the applicants") have an interest in the property located at 59 Ferndale Green within the City of Orono (hereinafter "City" ) and legally described as Outlot A, Lots 1 and 2 , Block 1 , Fairway Hills Addition , Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicants have made application to the City of Orono to permit the installation of an access drive and sewer and water lines within a designated wetland where no land alterations are permited per Section 10.55 , Subdivision 8; and per Section 10.03, Subdivision 19 requests a conditional use permit for the installation of these improvements that involve land alterations in excess of 100 cubic yards. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1616 2. The property is located in the RR-1B Single Family Rural Residential Zoning District requiring 2 acres of dry continguous lands within each lot. 3 . The property is approximately 6 acres in area. 4. The Orono Planning Commission reviewed this application on January 22, 1991 and recommended approval of the proposed variances and conditional use permit, based on the following findings: A) There is no other access to the proposed residential sites except through a land corridor that is intersected by a designated wetland area. B) The wetlands is classified as a Type 6/7 wetlands and contains no standing water. Page 1 of 5 a CITYof ORONO 7 RESOLUTION OF THE CITY COUNCIL S �l�q : ,5 „O � NO. 2971 EIi C) The encroachment is deemed minimal by both the Minnehaha Creek Watershed District and the Corp of Army Engineers. The Corp has granted a national permit because the land alteration will encroach less than 10,000 s.f. of the wetland. The fill will affect 16% or 7,900 s.f. of the total wetland area. D) The alteration of the wetlands will not involve the construction of ditching, but flowage will be allowed to fan out over the grass land areas. E) The applicants have provided a minimal amount of additional retention area to mitigate the filling of the wetlands. The City of Orono has not asked for additional retention area to mitigate the filling for road construction within the wetlands. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light , air nor pose a fire hazard or other danger to neighboring properties ; would not merely serve as a convenience to the applicants , but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the installation of a driveway 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. Page 2 of 5 ➢a�r . _ CITYof ORONO 17 10P RESOLUTION OF THE CITY COUNCIL �kESll H0 N0, 2971 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 to allow filling and grading activities within a wetlands defined as a Type 6/7 wetlands; and grants a conditional use permit for filling and grading activities in excess of 100 cubic yards per Section 10.03, Subdivision 19. This approval is subject to the following conditions: 1. Construction of road cannot begin until the Minnehaha Creek Watershed District has issued a permit and City Engineer has approved final road construction plans and sewer and water plans. 2. Sewer and water lines and the shared drive must be all located within Outlot A and shall be installed with minimal impact upon the designated wetland. 3. Applicants to provide written statement from Wayzata Fire Chief confirming road design and layout will meet emergency access needs. 4. Applicants to maintain erosion control throughout the entire project until ground cover is restored. Approval is based on plans by Roger A. Anderson of Roger A. Anderson and Associates referred to as "Drainage, Driveway and Erosion Control Plans & Utility Plans" for Fairway Hills Addition and as approved by the City. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit for the retaining walls within one year of the date of Council approval , or the special conditions of this resolution will expire on that date (June 10, 1992). U 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. Page 3 of 5 O CITYof ORONO RESOLUTION OF THE CITY COUNCIL 2971 dersigned applicants hal©,e read, understood and agree to the terms of this resolution and on behalf of themselves, their 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 this 10th day of June , 1991 . ATT ST: 0 othy Hallin, City Clerk Barbara A. Pete son, Mayor roper y Owner STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrume t was acknowledged before me on this /O — day of �p 9/ , by Barbara A. Peterson & DorotTiy M. Hallin, Mayor a City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i Notary Public EGNOTARyERESA L NAA13 PuBLIC-MINNESOTA COUNTY ocpk""-92 Page 4 of 5 0 \', CITY of ORONO �'E�� �C� RESOLUTION OF THE CITY COUNCIL \kESIH�4 NO. 2971 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) T On this o2C'i day of 199 before me atary Public within and for said co ty, personally appeared P P_'�A rlA 0 Ir— known to me to be the persons described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and d. THERESA L NAAB NOTARY PUBUO-MINNESOTA HENNEPIN COUNTY IVcogmIssionexpires8&8-92 Notary Public S ) ss. COUNTY OF HENNEPIN ) On thi s day of V cam. _ , 199 before me a Notary ublic within and for said county, persona y appeared LCL/ ">Z � known to me to a the persons) -described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and Notary Public ' THERESA L NAAB WTARy pUBUO•MINNESOTA THENNEPIN COUNTY Page 5 of 5