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Home My WebLink AboutReso # 4729 qV \\ % ;; CITY of ORONO RESOLUTION OF THE CITY COUNCIL ES110 � NO. 472 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 01-2732 WHEREAS, Revis Stephenson III and Meghan Stephenson, (hereinafter "the applicants") are owners of the property located at 1850 Fox Ridge Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4,Block 1,Fox Ridge,Hennepin County,Minnesota(hereinafter"the property"); and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.03,Subdivision 19 to permit land alteration and fill of 3,280 s.f.of material to the rear of the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 19, 2001, at which time 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 401-2732. 2. The property is located in the RRAB, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on November 19, 2001 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The slope is not located within a shoreland area, where trees and existing grades of greater than 12% are protected. Page 1 of 6 j CITY of ORONO RESOLUTION OF THE CITY COUNCIL \�es_ o NO. 4729 B. The proposed restoration plan does replace some trees. Many of the existing trees, that are to be removed include box elders, which the property owners would like to replace with maples and other trees that are deciduous hardwoods. C. The material will be transported to the site via Brown Road to Fox Ridge Road. D. Fox Ridge Road is a City Street that has potential to be disturbed or damaged by vehicles and equipment used for the project. The property owner and contractor are responsible for the maintenance of the road. E. The elevation of the back yard is 966'. The lowest elevation at the wetland is approximately 938'. The total drop of the hillside is 28'. Overall the slope will be decreased to a 4:1 slope. Typically, the City will require grading projects have a finished slope of 3:1 or less. The proposed slope is flatter than 3:1 and therefore meets this requirement. F. A utility easement is located through the property. In the 1970s the easement was acquired for a metro sewer main. The sewer main line was never constructed. Parts of the original easement had been vacated after it was determined the line would not be constructed. G. Below the hillside is a large wetland. The City of Orono requires a 26' setback to wetlands for any land alteration activities. The proposed grading plan does not impact the wetland or wetland setback. A final wetland delineation shall indicate the edge of the protected wetland. H. The Minnehaha Creek Watershed District (MCWD) has been asked to comment on the proposed project. They will require an erosion control permit. I. The hillside will be restored with natural grasses and with some deciduous hardwoods trees that would be replanted after the grade change is complete. Page 2 of 6 0 0 � CITY of ORONO RESOLUTION OF THE CITY COUNCIL \'t Z 140% NO. 4729 5 The City Council finds that granting a conditional use permit to permit 3,280 s.f. of land alteration will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by staff and comments of the applicants and the affect of the proposed use 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 approves a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of 3,280 s.f. of material to the rear of the property subject to the following conditions: 1. A determination is made by all agencies with rights to the utility easement that 12' of fill can be located over the easement. 2. A letter shall be submitted by the property owner indicating that two silt fences would be installed to protect the existing wetland, and that the silt fence would be installed prior to any tree removal or land alteration. 3. The MCWD shall issue an erosion control permit prior to issuance of a land alteration permit. 4. The flushing station located on the property shall be protected by fencing to ensure it will not be damaged during the project. 5. All slopes shall be restored with a minimum of 4-inches of topsoil and seeded or restored with some type of erosion control measure, erosion control plan shall be approved by the MCWD and City Engineer. 6. The property owner provide some type of financial guarantee that could be used to correct any damage to the road caused by the contractor's activities. Page 3 of 6 / O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL -kksli NO 4729 7. Fox Ridge Road is a residential street. Contractor shall place signs on Fox Ridge Road alerting other users of the road of the contractor work taking place. 8. Temporary fencing shall be installed around the construction activity to separate the land alteration activity from surrounding property. 9. Final vegetative restoration shall be complete prior to June 30, 2002. 10. The contractor,property owner,and City Staff shall meet prior to any land alteration activity to determine method of financial guarantee and to determine parameters and existing condition of Fox Ridge Road. 11. Authorities granted by the conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or this conditional use permit will expire on that date (November 26, 2002). 12. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 13. The undersigned owners have read,understand and hereby 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. Page 4 of 6 D - CITY of ORONO RESOLUTION OF THE CITY COUNCIL zSH0 NO. 4729 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of November, 2001. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Property Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 26th day of November,2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAWE YOUNG NOTARY PUBLIC-MINNESOTA , My Cm rftMm Expkm Jan.31,2005 o ary Public ' STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of w2m� 1200 / by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. DENISE M.LESYJNEN NOTARY pMUC-WNNEWTA my Coav*sion Exom,Ian,31,= Notary Public Page 5 of 6 b CITY of ORONO I iJ RESOLUTION OF THE CITY COUNCIL � E_�� No. 4729 STATE OF MINNESOTA COUNTY OF HENNEPIN Onthis Iq day of cQm&ej , 20—ii , ,��v,s S*F��hFoSan personally appeared before me, who is personally known to me whose identity I proved on the basis of MN IDL. whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the samrashis/her/their free act and -tiISE M.LESKINENUBLINOTARY PC-MINNESOTA My Comnt*n Expkm Jan.31,2M5 Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN On this t-,, dayof D(2c-Py-Y)bek 20ol , ni �rh n � fe ��h�nSC , /r1�k,ei�c� personally appeared before me, who is personally known to me whose identity I proved on the basis of n? t7 L– whose identity I proved on the oath/affirmation , a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Publi '`� My Cemrr ssicn .; 31:2005 rY .y Page 6 of 6