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Home My WebLink AboutResolution 7290 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G NO. 7290 -A-ESHoo' A RESOLUTION APPROVING A WETLAND ALTERATION PERMIT PURSUANT TO ORONO MUNICIPAL CODE SECTION 78-1609 FILE NO. LA22-000049 WHEREAS, City of Orono (hereinafter the "Owner") is the owner of the property located at 365 Old Crystal Bay Road North within the City of Orono (hereinafter "City") and legally described as attached Exhibit A (hereinafter"the Property"); and WHEREAS, the Owner has made an application to the City pursuant to Orono Municipal Code Section 78-1609 for a wetland alteration permit to facilitate the removal of land from the wetland overlay district (hereinafter the "Application") in order to fill in the wetland adjacent to the proposed building on the Property, WHEREAS, the Applicant proposes to mitigate for the impacts to the wetland off- site via the purchase of banked credits as governed by the Minnehaha Creek Watershed District (hereinafter the "MCWD"); and WHEREAS, on September 12, 2022, the Orono City Council voted 5 to 0 in favor of a motion to hold the required public hearing on this Application by the Council at the September 26, 2022 City Council meeting; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the City Council held a public hearing on September 26, 2022, 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 LA22-000049. 2. The Property is located in the RR-1 B Rural Residential District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The City Council reviewed this application at a public hearing held on September 26, 2022 and recommended approval of the Application based on the following findings: Page 1 of 5 g-ONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 7290 G t-kFSHO�� a. The Application was reviewed based on the wetland delineation report and the construction plans (hereinafter the "Plans"): b. The Applicant has received Sequencing approval by the Technical Evaluation Panel pursuant to Wetland Conservation Act (hereinafter"WCA") regulations in order to conduct the proposed filling activities. c. The Applicant will purchase credits for the wetland filling activity at a 2 to 1 ratio pursuant to WCA requirements. d. The Applicant will mitigate off-site via purchased wetland banked credits. e. This application was reviewed as MCWD application number 21-698 and WCA permit W21-060. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant, the approval of MCWD application number W21-698 and permit W21-060 by the MCWD, and comments from the public, as well as the effect of the proposed rezoning on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the wetland alteration is in accord with the objectives of the RR-1 B zoning district in which the Property is located and with the comprehensive municipal plan and that the wetland alteration will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants approval pursuant to Orono Municipal Zoning Code Section 78-1609 for wetland alterations in order to fill in portions of the Wetland, subject to the following conditions: 1. Council approval is based on the Plans submitted by the Applicant. Any amendments to the Plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a permit for the project and Page 2 of 5 iiL.-O�p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiFtgk� or- commencing NO. 7290 SH commencing said project. The project must be commenced within one year of the date of Council approval, or the Permit will expire on that date (September 26, 2023). 3. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. 4. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owners' 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 26' day of September, 2022. ATTEST: CITY OF ORONO: nna Carlson, City Clerk Dennis Walsh, Mayor Page 3 of 5 MONO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7290 EXHIBIT A PROPOSED FINAL LEGAL DESCRIPTIONS: Parcel A : City of Orono -Public Works Commencing at the South 1/4 corner of Section 33,T.118,R.23,Hennepin County,Minnesota;thence North 00 degrees 16 minutes 00 seconds East,assumed bearing,a distance of 2178.57 feet along the East line of the SW 1/4 of said Section 33;thence North 89 degrees 13 minutes 12 seconds West a distance of 33.00 feet to Right of Way Boundary Corner B 16,as shown on Minnesota Department of Transportation Monumentation Plat No. 27-M16,and POINT OF BEGINNING;thence South 00 degrees 16 minutes 00 seconds West a distance of 14.12 feet along the west right of way line of Old Crystal Bay Road;thence North 89 degrees 04 minutes 19 seconds West a distance of 1286.44 feet along the south line of the North 10 acres of that part of the East Half of said Southwest Quarter lying south of the right of way of the Burlington Northern and Santa Fe Railway Company;thence South 00 degrees 31 minutes 59 seconds West a distance of 300.26 feet along the west line of the East 1/2 of said SW 1/4 and east line of Outlot B, CRYSTAL CREEK,according to the recorded plat thereof,Hennepin County;thence North 89 degrees 28 minutes 01 seconds West,perpendicular to said east line,a distance of 51.07 feet;thence North 69 degrees 06 minutes 44 seconds West a distance of 372.17 feet;thence North 00 degrees 31 minutes 59 seconds East a distance of 415.00 along the west line of the East 400 feet of said Outlot B;thence South 89 degrees 11 minutes 00 seconds East a distance of 400.00 feet along the north line of said Outlot B to the northeast corner thereof and Right of Way Boundary Corner M26,Plat No. 27-M16;thence continuing South 89 degrees 11 minutes 00 seconds East a distance of 944.90 feet along the south right of way line of said railway and north line of Excess Acquisition Parcel 16,as described in Minnesota Department of transportation Conveyance No.2021-0108,C.S.2713 (12=10)903 to Right of Way Boundary Corner B22;thence continuing along said north line South 89 degrees 11 minutes 02 seconds East a distance of 320.50 feet to Right of Way Boundary Corner M2;thence South 05 degrees 59 minutes 13 seconds West a distance of 50.20 feet to Right of Way Boundary Corner B19;thence South 00 degrees 48 minutes 59 seconds West a distance of 79.00 feet to Right of Way Boundary Corner B18;thence South 89 degrees 11 minutes 02seconds East a distance of 25.65 feet to Right of Way Boundary Corner B 17; thence South 00 degrees 16 minutes 00 seconds West a distance of 101.45 feet to Right of Way Boundary Corner B 16 and POINT OF BEGINNING. Subject to a permanent access easement in favor of the State of Minnesota over the northerly 20 feet thereof,to drainage easements as shown on said plat of CRYSTAL CREEK and to additional restrictions of record, if any.No access shall be permitted to Trunk Highway No. 12 from the lands herein conveyed, except that access shall be permitted to Old Crystal Bay Road. Outlot B,Crystal Creek—Remainder(City of Orono) (Outlot B minus Tract 3) Page 4 of 5 gONp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�tgk� o��G� NO. 7290 SH Outlot B, CRYSTAL CREEK, according to the recorded plat thereof, Hennepin County, Minnesota EXCEPT that part lying northerly and easterly of a line described as: BEGINNING at a point on the east line of said Outlot B, distant South 00 degrees 31 minutes 59 seconds West,assumed bearing, 542.30 feet from the northeast corner thereof;thence North 89 degrees 28 minutes 01 seconds West, perpendicular to said east line, a distance of 51.07 feet; thence North 69 degrees 06 minutes 44 seconds West a distance of 372.17 feet;thence North 00 degrees 31 minutes 59 seconds East a distance of 415.00 along the west line of the East 400 feet of said Outlot B to the north line thereof and there terminating. Subject to a permanent access easement in favor of the State of Minnesota over the northerly 20 feet thereof and to drainage easements as shown on said plat of CRYSTAL CREEK. Also subject to additional restrictions of record,if any. Page 5 of 5