HomeMy WebLinkAboutResolution 645RESOLUTION NO. 645
A RESOLUTION GRANTING RICHARD KENNEDY A VARIANCE
FROM THE ORONO ZONING CODE TO ALLOW FILL TO BE
PLACED ABOVE THE 930 CONTOUR LEVEL, ALONG THE
WESTERLY LOT LINE OF HIS PROPERTY, WITHIN THE 26
FOOT SETBACK FROM THE MARSH, BUT NOT TO EXTEND
INTO THE MARSH ITSELF
WHEREAS, Richard Kennedy applied for the variance from
Sections 31.830 of the Orono Zoning Code, also known as Ordi-
nance No. 125 as amended, to fill and grade a wetland area of
his property, said property legally described as Lot 3, Block
1, Dicon Addition, and
WHEREAS, the City Council and Planning Commission re-
viewed the proposal on several occasions, and
WHEREAS, the City staff had reviewed the proposed vari-
ance and thereafter Richard Kennedy amended his initial appli-'
cation to request a permit to fill and grade within 26 feet of• -
the wetland and marsh area, and
WHEREAS, the City Council and staff have reviewed the
amended application on several occasions,
NOW, THEREFORE, BE IT RESOLVED:
That the applicant is granted the.•variance to allow fill..
to be placed within the 26 foot setback�of the marsh subject."-
to the following conditions and regulations:
1. Prior to the placement of the fill the applicant
shall do the following:
a. Stake the entire area to be altered showing .the
grade lines on the stakes,
b. Construct a temporary earthen berm at the base
of the existing slope to the marsh; the berm shall be placed
between the enbankment and the existing earthen mound. The
berm shall be constructed in such a way as to divert runoff
into the existing pond during the grading operation.
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C. The berm shall be covered with straw to retard its
erosion. The applicant shall place hay bales at the base of
the slope along the marsh during the filling operation..
d. No excavation shall take place on the property in
order to provide the fill to be used in the filling operation.
e. The material to be used for fill shall be placed
in such a manner so that it does not erode into the swamp and
the filling operation shall be accomplished two days after
the operation is commenced and sodded within 48 hours after
completion of the operation.. After the sodding of all dis-
turbed areas is complete, the temporary berm and hay bales
shall be removed by the.applicant.
2. The applicant shall notify the City Engineer at
least 24 hours prior to the commencement of the operation and
shall allow the City Engineer to monitor the operation and
inspect said operation after it is completed.
3. The applicant shall grant to the City of Orono an
easement for utility and drainage purposes to provide for the
placement, construction and maintenance of the storm water
pipe to allow for the water to be discharged from the black-
top road into the marsh on applicant's property. Said pipe
shall be constructed and maintained at no cost to the appli-
cant.
4. The variance is being granted pursuant to these
conditions since the proposed filling within 26 feet of the
marsh will not be inconsistent with provision of 31.830 of
the Zoning Code as long as the filling is as set forth herein
and pursuant to the directions of City staff and is being
granted because otherwise the applicant has no access to
Lake Minnetonka from his home.
5. It is specifically understood by the applicant that
the implementation of the erosion control measures contained
herein and/or the granting of a variance does not relieve the
applicant from his responsibility for correcting any damage
to the lake and/or neighboring property which might result
directly or indirectly from his operations.
6. Moreover, the applicant acknowledges that he hereby
agrees to the terms of this Resolution and amends his applica-
tion for a variance accordingly.
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7. The applicant acknowledges that this variance does
not grant the applicant any right to fill the marsh in any way
whatsoever nor to move any other dirt on his property except
as set forth in this Resolution.
8. That the variance granted in this Resolution shall
expire on November 10, 1976 if not acted upon prior to that
time.
Adopted by the City Council on November 10, 1975 by a
vote of ' 3 ayes and 0 nayes.
I.�CL ��Q "'•/� I i 1�2;jiG Lit •t jLL' (y7 "L: (i LLi.' L!�o, L•'� a`'K 1
Robert L. Searles`, Mayor '
Attest:
Wa1te Bexison,
Clerk -Administrator
The applicant hereby agrees to the terms and conditions as
set forth above.
Richard Kennedy
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