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Home My WebLink AboutResolution 6996 1 II Il II 11 11111 1 1111 I 1 11111 1 11 II Doc No A10679050 Certified, filed and/or recorded on Jul 15, 2019 2:29 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 1845037E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6996 kESH0 A RESOLUTION GRANTING A WETLAND ALTERATION PERMIT PURSUANT TO ORONO MUNICIPAL CODE SECTION 78-1610 FILE NO. LA19-000032 WHEREAS, Gregg W. Steinhafel and Denise E Steinhafel, a married couple (hereinafter the"Owner")are the owners of the property located at 2265 North Shore Drive within the City of Orono (hereinafter"City") and legally described as attached Exhibit A (hereinafter"the Property"); and WHEREAS, John Adams (hereinafter the "Applicant") on behalf of the Owners has made an application to the City pursuant to Orono Municipal Code Section 78-1610 for a wetland alteration permit (hereinafter the "Permit") in order to fill in the wetland adjacent to their residence building on the Property, identified as Wetland E on the attached Exhibit B (hereinafter the "Wetland"); 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, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on June 17, 2019, 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 LA19-000032. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on June 17, 2019 and recommended conditional approval of the Permit based on the following findings: Page 1 of 9 �°moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6996 kESHO� a. The application was reviewed based on the wetland delineation report and the construction plans by ISG (hereinafter the"Plans"): b. The Applicant has received Sequencing approval by the Technical Evaluation Panel (hereinafter the "TEP") pursuant to Wetland Conservation Act (hereinafter"WCA") regulations in order to conduct the filling activities. c. The TEP recommended mitigation for the wetland filling activity at a 2 to 1 ratio pursuant to WCA requirements. d. The TEP recommended the mitigation be done off-site via purchased wetland banked credits. e. This application was reviewed as MCWD application number W19-01. 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 conditional approval of MCWD application number W19-01 by the MCWD, and comments from the public, as well as the effect of the proposed conditional use 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-1B 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 78-1610 for a Permit for wetland alteration 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 and annotated by City staff, attached to this Resolution as Exhibit C. 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 land alteration permit or a zoning permit for the project and commencing said project. The project must be commenced Page 2 of 9 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ESHO� NO. 6996 K within one year of the date of Council approval, or the Permit will expire on that date (July 8, 2020). 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 Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' 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 8th day of July, 2019. ATTEST: CITY OF ORONO: A na Carlson, City Clerk Dennis Walsh, Mayor Page 3 of 9 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6996 kESHO� OWNERS: 4 v "Gregg . Ste' afe Denise E. Steinhafel STATE OF MINNESOTA COUNTY OF HENNEPIN - II This instrument was acknowledged before me this /0 day of J�-1 _ 20I, by Gregg W. Steinhafel, husband of Denise E. Steinhafel. N tary Pu V, E,,�- Nola J.DickhausenNotary PublicSTATE OF MINNESOTAMinnesota 1y CammWm E*u January 31,2022 COUNTY OF HENNEPIN \ This instrument was acknowledged before me this 1�day of J UA�j 20 /�, by Denise E. Steinhafel, wife of Gregg W. Steinhafel. NotAry Publ Q-- Nola J.Dickhausen Notary Public Minnesota . My CmmmiWw E*m January 31,2022 Page 4 of 9 Resolution No. 6996 Exhibit A #LA19-000032 From Document No. 8300213 The land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows: All of the Southwest Quarter of the Southwest Quarter of Section 10, Township 117, Range 23; also all that part of Lot 4 in said Section 10 which lies west of the westerly line of the right-of-way of the Great Northern Railroad; also all of Lot 1 in Section 16 in said Township and Range; also all that part of Lot 1 of Section 15 in said Township and Range, which is described as follows: Commencing at the intersection of the North line of Lot 1 and the Northwesterly line of the right-of-way of the Great Northern Railway, and running thence southwesterly along said right- of-way 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet more or less to the shore of the Lake; thence northerly and westerly along said lake shore to the West line of Lot 1; thence North to the northwest corner thereof,- thence East to the place of beginning. Excepting and excluding, however, the following described tracts of land, to wit: (1) That part of Government Lot 1, in Section 15, and of Government Lot 4 and of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 117, Range 23, described as follows: Beginning at a point in the South line of Section 10 distant 919.4 feet East of the Southwest corner of said Section 10; thence East along the South line of Section 10, a distance of 128.6 feet; thence northeasterly deflecting 63 degrees 34 minutes to the left from last described line a distance of 505.1 feet; thence East parallel with the South line of said Section 10 a distance of 375 feet to the Westerly line of the right-of-way of the Great Northern Railway Company; thence southwesterly along the westerly line of said railroad right-of-way 473.6 feet to the South line of said Section; thence continuing southwesterly along the westerly line of said railroad right-of-way in Section 15, a distance of 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West, 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet, more or less to the shore of Lake Minnetonka; thence in a general northerly direction along the of said lake to the intersection of said shore line with a line drawn southerly from the point of beginning and parallel with the West line of said Section 15 (which intersection point is northerly of two such intersection points); thence North along said parallel line to the point of beginning; (2) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 10, thence South along the West line of said Section 596.7 feet; thence East parallel with the North Page 5 of 9 6996 line of the Southwest Quarter of the Southwest Quarter of said Section 10 a distance of 425 feet, thence North parallel with the West line of Section 10, a distance of 596.7 feet to the North line of the Southwest Quarter of the Southwest Quarter of said Section; thence West along said North line 425 feet to the point of beginning; (3) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at a point in the West line of the Southwest Quarter of the Southwest Quarter of said Section 10, distant 596.7 feet South of the Northwest corner of said Southwest Quarter of the Southwest Quarter, thence East parallel with the North line of said Southwest Quarter of the Southwest Quarter a distance of 425 feet; thence South parallel with the West line of said Southwest Quarter of the Southwest Quarter, a distance of 584 feet; thence South 80 degrees 06 minutes West, 172.45 feet; thence North 82 degrees 08 minutes West, 155 feet; thence South 57 degrees 31 minutes West, 120.6 feet, more or less, to a point in the West line of said Southwest Quarter of the Southwest Quarter distant 653.4 feet South of the point of beginning, thence North along the West line of said tract 653.4 feet to the point of beginning. (For purposes of this description, the West line of the Southwest Quarter of the Southwest Quarter of said Section 10 is assumed to be due North and South line.) Which lies westerly of the following described line: Commencing at the Northwest corner of said Southwest Quarter of the Southwest Quarter, thence easterly along the North line of said Southwest Quarter of the Southwest Quarter a distance of 925.00 feet to the point of beginning of the line being described; thence southerly parallel with the West line of said Southwest Quarter of the Southwest Quarter a distance of 500.00 feet; thence southeasterly deflecting left 58 degrees a distance of 420.00 feet; thence southwesterly, deflecting right 88 degrees a distance of 125.00 feet, thence westerly, deflecting right 49 degrees a distance of 215.00 feet; thence southwesterly, deflecting left 35 degrees a distance of 235.00 feet; thence southerly deflecting left 19 degrees a distance of 544.66 feet; thence southerly, deflecting left 25 degrees a distance of 550.00 feet; thence southeasterly, deflecting left 45 degrees a distance of 300.00 feet, and said line there ending, Hennepin County, Minnesota. Page 6 of 9 Resol. No. 6 9 96 Exhibit B #LA19-000032 — D fi • � � � it' yt.., • F gegen n Q?roJect��er> N Wetland Delineation - eUand Type }yn n y7c %-F-esh;'Ner)Meadow t, 711i i_Si^aSlow Marsh Y -?pe a_peep Marsh t Tuesday.'Jcto�er 61.''01•.. ..�..,;.. - Figure 6 R 700 400 �' Wetland Delineation Overview ManeOrthaphotc(Henne)ain Co..2C!51 ,n='COmw��wllrll Feet North Shore Meadows Wetland[-)4neation(ISG.2018, F Wetland Delineation Orono, Hennepin County, Minnesota Page 7 of 9 • SP 17-FUp - ' . *`wetland _ a r SP, !4'E W'" �--* m t r -43 Lake Minnetonka E OHWL 929.4' SP 23-H Up 3 Legend Project Arm r-� ". � SP;24-H Wet a Photo Location r ' f ` Wetland H VV�dan�Delineation 554 Acres Wedand ype Type 3 SWI..Mar�h Deep Marsh f W - • ,p: Ia*,V ''11IRf qw Resol. No. 6 9 96 _ t Exhibit C #LA19-000032 �� y - � � � r i fi s ' 4 441 ;� y p�;. Nt #: yyy�' �,�, a.� ybp p sir �.LL''a✓' y1t. 1 Wt It Y t '•oi o 0 4 �s2g s -ty 1 m a3 G� F$ SBC H51 \ K. o& R. n Qv M R EH gg 0 N cm too Orn N®� O �6� H O gP U Page 9 of 9