HomeMy WebLinkAboutResolution 6449 �0 C ���
Doc No T05207558
Certified, filed and/or recorded on
Oct 14, 2014 2:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 97 Pkg ID 1164831M
Doc Name: Conditional Use Permit
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1384199
This cover sheet is now a permanent part of the recorded document.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
Fsxo� 6449
l
o NO.`
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PURSUANT TO MUNICIPAL ZONING CODE
SECTION 78-966
FILE NO. 14-3682
WHEREAS, James A. Kelly and Margaret B. Kelly, (hereinafter "the
Applicants") are the owners of the property located at 1855 Concordia Street within the City of
Orono (hereinafter the "City") and legally described as: Lot 2, Block 1, Fagerness Woods,
according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the
"Property"); and
WHEREAS, beginning in July 2014, the Applicants began land alterations on the
Property within the 75-foot setback from Lake Minnetonka which exceed 10 cubic yards of
disturbance without proper City authorization and permits for which a Stop Work order was
issued by the City; and
WHEREAS, the Applicants have made application to the City of Orono for an
after-the-fact approval of a conditional use permit (hereinafter the "CUP") pursuant to Orono
Municipal Zoning Code Section 78-966 to allow grading activities exceeding 10 cubic yards
within the 75-foot setback on the Property; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the
Orono Planning Commission on September 15, 2014 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 number 14-3682.
2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning
District which requires a minimum lot area of 0.5 acre and a minimum lot width of
100'.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
� 6449
N O.
l�kE S H o �
3. The Planning Commission reviewed this application at a public hearing held on
September 15, 2014 and voted 6 in favor and 0 against on a motion to approve
the after-the-fact CUP. The Planning Commission finds that the following factors
support the granting of the requested CUP:
a. The Property contains 26,976 square feet in area and has a defined width of
124 feet at the lake and 123 feet at the 75-foot setback.
b. The Applicants are currently conducting improvements to the yard and the
existing home on the Property.
c. The Property will conform to the 25% maximum hardcover limitations of a
Tier 1 lot.
d. The resulting grade should allow for continuation of the historical drainage
swale which existed between the Property and the property to the north.
e. The Applicant indicates that the proposed grading within the 75-foot setback
area is the minimal amount necessary to create a level yard area.
f. The grading activity resulted in removal of considerable amounts of
understory vegetative screening, additional mature trees in the lake yard, and
may have induced stress to the remaining trees on the Property and on
neighboring properties. The Property may appear to be out of character with
the surrounding area; the Applicants' landscape plan should address lost
trees and vegetation cleared from the site.
g. The proposed grading of the Property is residential in scope and there should
be no change in the use and enjoyment of adjacent properties.
h. The proposed grading on the Property is designed to minimize any
environmental impacts.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by the
Applicants and the public, and the effect of the proposed CUP on the health, safety
and welfare of the community.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
N O.
6449
E S H O��
5. The City Council finds that the conditions existing on this Property are peculiar to it
and do not apply generally to other property in this zoning district; that granting the
CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or
other danger to neighboring property; would not merely serve as a convenience to
the Applicants, but is necessary to alleviate a practical difficulty; is necessary to
preserve a substantial property right of the Applicants; and would be in keeping with
the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants
after-the-fact approval of a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to
allow grading activities exceeding 10 cubic yards within the 75-foot setback on the Property;
subject to the following conditions:
1. Council approval is based on the grading plan and landscape plan (hereinafter the
"Plans") submitted by the Applicants and annotated by City staff, attached to this
Resolution as Exhibits A & B. Any amendments to the approved Plans which are not in
conformity with City codes will require further Planning Commission and City Council
review.
2. Proposed hardcover levels shall be conforming to the Tier 1 standards; no hardcover
variances are granted. Structural coverage limitations shall also be met.
3. The drainage patterns created by the grading plan for the site shall not cause an
increase in runoff impacting adjacent properties. The City engineer has reviewed and
approved the grading plan.
4. The resulting grade shall allow for perpetual continuation of the historical drainage swale
between the Property and the property to the north at 1825 Concordia Street.
5. The proposed grading within the 75-foot setback area shall be limited to what is the
minimal amount necessary to create a level yard area, and shall not have any negative
impacts upon surrounding lands.
6. The proposed grading on this lot shall be designed to minimize any environmental
impacts.
7. The Applicants shall install a landscape plan which provides for replacement trees, and
additional vegetative screening between the adjacent properties and a lakeshore buffer.
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
�G~�
NO. 6 4 4 9
kFs x o�
8. Authorities granted by this resolution run with the Property not with the Applicant, but are
permissive only and must be exercised by applying for and obtaining an administrative
zoning permit for land alteration (major) and commencing said project within one year of
the date of Council approval, or the CUP will expire on that date (September 22, 2015).
9. Prior to the issuance of the administrative zoning permit for land alteration (major),
evidence of compliance with all Minnehaha Creek Watershed permits shall be required.
10. City staff shall inspect the Property once each year in 2015 and 2016 to ensure the
Plans as set forth in this resolution have been followed and the vegetation established.
11. Violation of or non-compliance with any of the terms and conditions of this resolution
shall constitute a violation of the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
12. The undersigned Applicants have read, understand and hereby agree to the terms of
this resolution and on behalf of the Applicant and the Applicant's 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 the 22 t day of September, 2014.
ATTEST:
Rachel Dodge, City Clerk Lili Tod McMillan, Mayor
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CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
No. 6449
�kEstio
aim
Prot
ro erty Own s)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this V day of SEP 2014, by
James A. Kelly, husband of Margaret B. Kelly.
LOUIS THOMAS L
1VOTARYPUBLIC MINNESOTA otary Public
SMALAN
y COMMISSION EXPIRES 01131118
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this oL-7 day of�, EV 7 2014, by
Margaret B. Kelly, wife of James A. Kelly.
ALAN LOUIS THOMASoma----
I&RypUBUC.MINNESOTA Notary Public
MY COMMISSION EXPIRES 01131118
Page 5 of 5
GRADE TO DIRECT SURFACE
FLOW AWAY FROM
NEIGHBORING PROPERTY- LEGEND:
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wGFOSNtllee-eACx rut eynpte
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SILT FENCE,MS I I W �4 ] te59 CONtONDDrsr. !te'► �([�yJ c .- �'•nae /
.. 1• OROND MN eau` V`4
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15W MADE
PLANTED BUFFER
p-re" /
—�.. _ ••"4 ib, -' _ REMOVE 2 EA CEDAR
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GRADE SWALE TO DRAIN
OUTSIDE OF LANDSCAPED AREA
(AS FEASIBLE) v
15 LF WALL
sa N!r F
GRADE SWALE BEHIND WALL;
DO NOT DIRECT FLOW TO
NEIGHBORING PROPERTY /
/
CONSTRUCTION NOTES: SITE GRADING&SUBGRADE PREPARATION: SEDIMENT CONTROL&TURF RESTORATION NOTES:
t. The suloWem utMty meatiun mbraretim n this plan b utMty Quality level D.This utility ouflty buel was 1. finless odrewlee noted,AN Proposed green shown am finished orad.. 1. IneeB preenenNW or madilna-sIInE sit h,K+(38X6)ar WoroN(3897.2A)srounE anY toll a[ockplln MF'
determbwd aoxrdaq to one quldMMf of tvASCE 1"4 Wed-standard Guidelines fe the cbllectlon and 2. CrnVSCw shM grade sous n krtllcated,dbectllg furfece now towards hka at sat Imes. "'I"
be pmnm more Man 7 dsya.
DWkU==S.".=
tf Exlfkg Subwrbra lRNly Dab.'Eglnee don not ouwentee toe ox aq Gf vM"l mdws a 3. At locations wham new work mrnKb to edsbrg work,said ueNy existing elevabons and grades prior to 2. Aro outside W plan"regions m be sodded.
that.0 axbtkp u S.sm - Co=-ar b nesponWe for muting utile.. begbang"nen wonL Mater odSmq erodes at conztnndlon trusts. 3. Ran we slit term after vegetrum growth exmeds 70%ctwerage oust aN disturbed arnf.
2. Exbtag boundary,way aM topographic brbrmetNo shown an Mb plan b ham the war torous,perfornad by 4. iopsdl Fond 9raal.q_sh.a be stripped.Mh'epad aM stod4alad:sub-4 below anal grade for
Soho"umd Services,trrc. placement of a nrnktean of 6'sabaged top" RECEIVED
3. Remove ban n Indicated;protect trees nat marked M rmlo L 5. Contractor,b raponWe far keepbg s"i—t Irani entering the sake;adjust croft.end fedmmt control
measuro n site canWW l dictate.
SEP 18 2014
CITY OF ORONO
.. la a Dec gt,a�ICN KELLY PROPERTY LANDSCAPING RQ
CIVIL METHODS,INC. e . 0c3o 1555 CONCORgA SL,ORONO,MN I 1 a
1551 Uvingfon Avenue,Surae 100
West st.paw,MN 551181763.210.5713 • F••t a re, pule GRADING PLAN 1
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RECEIVED
SEP"a4 2014
CITY OF ORONO
Y • \
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on September 22nd , 2014, with the original thereof
on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate seal of the
City tlii�day of ��� ��G�1 , 2014.
City Clerk
Ps'�r