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Home My WebLink About#3712 - CUP - amt. of fill � o� 0 0 �b. - C ITY of ORONO � � �� '� RESOLUTION OF THE CITY COUNCIL ��kESH�4�' NO. e� "� �� `,G+ A RESOLUTIO:� GRANTI:�'G A CONDITIO'�AL USE PER_VIIT PER MUNICIPAL ZUNING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 211b WHEREAS, John G. Walstedt and Lynn W. Walstedt, husband and wife, (hereinafter the "applicants") are the owners of the property located at �470 Bayside Road «�ithin the City ot Orono (hereinafter "City") and legally described as: Lot 23, Auditor's Subdivision I`To. 203, Hennepin County, Minnesota and Outlot A, Bayside Beach (hereinafter "property"); and WHEREAS, the applicants have applied to the Cit�� for a conditional use permit to permit the filling of approximately 600 cubic yards of fill and fer land alterations involvinQ approx;mately 1,000 cubic ��ards of earth per Municipal Zoning Code Section 10.03, Subdivision 19 that cannot be authorized under a buildina petmit for ne«� construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Nlit:r:esota: FINDINGS l. This application �i�as revie«�ed as Zoning File #2116. ?. 7'he propert}� is located in the LR-lA, Lal:eshore Residential Zoniny District requirinb t«'o acres in area. The property consists of two-plus acres. ;. On March 18, 1996, the Orono Plannina Commission reviewed the application and recommended appro��al of the application as proposed based on the follo��ing findin�s: a. The placin� of 600 cubic ��ards of fill resulting from excavations for new� construction on the property cannot be authorized under the authority of the buildin, permit nor can the fillin� be authorized under a staff=issued land alteration permit because the filling activities exceed 100 cubic vards. PaQe 1 of 5 � O� O O �b- � CITY of ORONO � � ti �� ,'� RESOLUTION OF�T �I Y COUNCIL �9kESH�4� NO. e3 � �_ � b. The chanoes in elevations on this propert5� �vill have no impact on the current drainage pattern of the area nor on adjacent properties. c. The property presently drains west to a low area near BedFrwood Drive. d. Approximatelv one acre of surface runoff or draina�e will now be redirected to the south or Bays:de Road. � e. Shav�m Gustafson in his report of March 12, 1996 reports that the grading plan appears acceptable from an enaineering standpoint an:i tliat tne grades along the ��est �i�here the drainageway is located ar� acceptable. f. Hennepin County shall review and approve the �radinQ plans and shall make :ecommendations if applicant shall be responsible for makin� improvements within the County ri�ht-of-way to maintain thz additional runoff to be received as a result of these impro��ements. 4. The Ciri� Council finds that granting a conditional use permit to allow the filling of approximately 600 cubic yards and chanQes in elevations involving total land alterations exceeding 1,000 cubic yards of earth movement 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 neighborin� properties, nor will its use depreciate surroundin� property values and that the proposed level of use of the property w�ill be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City�. �. The Cit�� Council has considered this application includina the findin�s and recommendations of the Planning Commission, reports by Cit�� staff, comments b�- the applicant and the effect of the proposed variance on the health, safet�� and welfare of the community. PaQe 2 of 5 � O� O O �:s. - C ITY of ORONO � � � �� 'ti RESOLUTION OF THE CITY COUNCIL L�kESH�4�' NO. � � � � CONCLL SIONS, ORDER A�D CONDITIO:�`S Based upon one or more of the abo��e findin�?s, th� Oronu City Ccuncil hereby �rants a conditional use permit per Municipal Zoning Code Section 10.0�, Subdivision I 9 to permit the fillin; of approximately 600 cubic yards to the north or rear yar�l of the property and ad�itional !and alterations to the w�est side of the house defining a new drainageway, subject to the followin� conditions: 1. All land alterations have been approved Fer plans by R. H. of Hauck Landscape Development dated Februar5� 21. 1996 and as amended bc Sha�tin Gusta�son's re�.�ort of March 1?, 1996. '?. Prior to the issuance of a land alteration permit by the Cit}�, applicants' contractor shall arranae for a site inspection with th� Orono staff and Herulepin County Department of Trar�sportation to detern�ine the need f��r ditcl: cleaning or any other impro��ement required to maintain additional runoff. 3. Erosion control shall be in place at the west property line near the lower area and in front of the house prior to any land alterations in order to protect the lake. 4. Applicant shall install sod c�rithin sensitive areas on the ��est and to the south of the residence in order to minimize potential of erosion. 5. Authorities �ranted by this resolution run with the property not with the ovvner but are permissi��e only and must be exercised by application for a land alteration permit wzthin one year of the date of Council approval or the special conditions of this resolution will expire on that date (April 8, 1997). 6. Violation of or non-compliance ��th any of the terms and conditions of this resolution shall constitute a violation of the Zonin� Code, shall automatically terminate an�' authorin� aranted herein, and shall be punishable as a misdemeanor. Paae 3 of � � O� O O �b- - CITY of ORONO � � ti �� G'� RESOLUTION OF THE CITY COUNCIL t9kESH04� NO. •t� � 1 � � 7. The undersi��ned o«�ners ha`�e read, understood and hereb�� agree to the tenns of tbis r�soli.tion and on behalf of themselves, their h�irs, successors and assigns, hereby aQree to the recordin� of this resolution in the Chain of Title of the propert}�. Adopted by the Orono City Council on this 8th day of April, 1996. ATTEST: ;, � ;' r j �� ., � � �� C �..!�-''f� -- orothy M. a :n, City Clerk Edward J. Callal}�n, Jr., Mayor , � � , � � , i/ �`�,�-,�v'��l�;yi , ;�j r ;��,�,�;' f i � � ,,, �, l� �=�� :�� roperty Owner(s) STATE OF NiINNESOTA ) ) ss. COUi�TTY OF HENNEPIN ) The foregoing instrument was acl:nowledaed before me on this 8th day of April, 1996 bv Edward J. Callahan, Jr. and Doroth�� M. Hallin, I��layor and City Clerk of the City of Orono, a Minnesota municipal corporatio:, and said instnzment was executed an behalf of the Ciri�. ` CAROLE A.HASEMAN � � ,�, /' y NOTARY PUBIIC-MINNESOTA � � ,� ' o '�., HENNEPIN COUN7Y ��'��'1�'I 9, i. �f• ��/ �=�'�"��J�1�f � :��' — � My Commission F�cpires Jan.31,2�00 j\OtaI'y Public }�.-�-�---�-:a-e _ � Pa�e 4 of� � o� ; o 0 � �b: - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL t9kESHOg'� NO. � � �. `� STATE OF MINN�SOTA ) ) ss. COUNTY OF HENNEPIN ) On this '��' day of ,��r� 1 , 199 C� before me a Notary �Public within and for said counry,personally ap eared�i��,{,� �� .�!'��l< T�c�T ��'��''r^��'�-�`.�--- � �) ��, �� c,�� ;nown to me to be the person(s) described in and who executed the �oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. S�y�`� C ROLE A.HASEMAN �'t � (_� , � a l z_��_.�z�.� � NOTARY PUBUC-MINNESOTA C `L`` �<J ,� S � .-.; ,,_ . HENNEPIN COUNTY NUTARY PUBLIC �`��•'°� My Commission Expires Jan.31,2n00 STATE OF MINNESOTA ) ) ss. COUNTY OF HENIv'EPIN ) On this � (�+h _ day of �1 ��r , 19�, before me a Notary Public within and for said counry,personally appeared • r�n �,� �� fcc�t M�+�'('� �� t'-_ . ' t known to me to be the erson(s) described in and who executed ;��n � k�l�sf�cl the foregoing instrument, and acknowled�ed that he (they) executed the same as his (their) free act and deed. _ � CAROLE A HASEMAN � �l ' � NOTARY PUBUC-MINNESOTA 1� � ��' 1 �� ' HENNEPIN COUNTY �`-�•••'� My Commis�ion Expires Jan.31,2no0 NO ARY PUBLIC � PaQe 5 of 5 �