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Home My WebLink About#3710 - variance/CUP � o� 0 0 �b. - C ITY of ORONO � � �� ,'� RESOLUTION OF THE CITY COUNCIL t�kESH�g'� N0. s� � �. O A RF,SOLL''I'ION GRANTING A ��R1�;�CE TO MIJNICIPAI. 70NL�1G CODE SECTION 10.55, SUBDIVISION 8, AND GRANTS A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2114 WHEREAS, Clark J. Winslow (hereinafter the "applicant") is owner of the properties located at 1595 and 162� Bohns Point Road within the City of Orono (hereinafter "Ciry") and legally described as follows: Lot 2, Block 1, Beth and Bridget, and Lot 9, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter the "properties"); and V�'HEREAS, the applicant has made application for a conditional use permit per Section 10.03, Subdivision 19, to permit the dredging of approxunately 80 cubic yards of debris and sediment from an open water pond desi�nated as a Type V wetland of the City of Orono where no such land alterations are permitted per Section 10.55, Subdivision 8. NO`�', THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS -• 1. This application was reviewed as Zoning File #2114. 2. The property is located in the LR-1B Sinale Family Lakeshore Residential Zoning District requirina 1 acre in area. The properties consist of 3+ acres. 3. The Orono Planning Commission reviewed this application on March 18, 1996 and recommended approval of the variance and conditional use pernut as proposed based on the following unique findings and hardships: a. In both November and December of 1987, the City granted a conditional use permit to permit the dredging of approximately 1,500 cubic yards of spoils from the Type V designated wetland. PaQe 1 of 5 � O� O O �Ab� - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL t�kESH�g'� N0. sg � � � b. The purpose of the original application was to cr�ate open water areas in an attempt to remove algae from the pond and reduce the odors that impacted the surroundina neighborhood. c. The 80 cubic yards of spoils consist of muck, branches and weeds that have clogged the pond along the south side. d. Maintenance dredging has been required nine years after the original dredging improvement because of original construction problems resultinv from the attempt to create a 12' deep open u��ater area iti the middle of the pond and with the installation of lawn area surrounding pond along the south side on properiy located at 1625 Bohns Point Road. e. The proposed improvement will have no impact on t�le road improvements completed by City in 1987 nor will it have an impact on the intent and purpose of the ori�inal plan of improvement for the pond. 4. The 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulry; is necessary to preserve a substantial property right of the applicant; -- and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. �. The City Council finds that granting a conditional use permit to allow the maintenance dred�ing of approximately 80 cubic yards of spoils from the existinQ open water pond will not be detrimental to the health, safery or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danaer to neighborin� property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keepinQ with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. PaQe 2 of 5 . . . � O ' Y O O �Ab. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL t9kESH�4��' NO. � � � � CO?�'CLUSIONS, ORI)ER AlV`D CONDITIONS Based upon one or more of the above findings, the Orono City Cour.cil hereby arants a variance to Municipal Zonin� Code Section 10.55, Subdivision 8 and grants a conditional use permit per Section 10.03, Subciivision 19 to permit the dredging of approxunately 80 cubic vards of spoils and debris from the open water pond, classified as a Type V wetland that is protected by the City of Orono. Approval is subject to the followin� conditions: 1. Banks of the pond where dred�ing shall take place shall be restored to an 8:1 slope. Appropriate aquatic and wetland vegetation shall be restored within the disturbed area. 2. The spoils shall be removed from the site. 3. The approved or avera�e water ]evel of the pond shall be at 929.4. 4. Authorities granted by this resolution run with the pr�perty not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (April 8, 1997). 5. 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 ternunate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby aarees to the recording of this resolution in the chain of title of the property. Page 3 of 5 . , . � O� O O �b� � C ITY of ORONO � � �•� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. � � 1 � Adopted by the Grono City Council on this Sth day of April, 1996. ATTEST: , , ; � • ' .�c'� �� -�'-' — orothy M. al in, City Clerk Edward J. Call an, Jr., 1Vlayor �. 1 , , �f � (� � , �,��— �" �Ct-��il,�(� ��, c.��C�`,..� �ti � � Property ner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Cin�. � � ;rr-�; �/- �/_ , CAROLE A HASEMAN Notary Public NOTAAY PUBIIC-MINNESOTA '�- �- � HENNEPIN COUNTY �`��••'°• My Commission Expires Jan.31,2�00 Page 4 of 5 . � � O ' V O O �Ae- - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESH�g'� NO. s � 1 0 STATE OF MINNESOTA ) ) ss. COUNTY UF HENNEPIN ) On this /�-�h day of �; � , 199C� , before me a Notar�� Public within and for said County, pzrsonally ap eared `j� , )< �� ,L;,,� /n�,� n-,� Y�r,�P�/ known to me to be the person(s) described in and who executed the foregoing instnxment, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A HASEMAN � ' l � . T Y P B IC-MINNESOTA �� '"��'�=�� No Ew u � No�r� Public - ' H6NNEPIN COUNTY �' �-••�•'� My Commission Expires Jan.31,2�00 _.-c.e STATE OF MINNESOTA ) ) ss. COUNTY UF HENNEPII� j On this �--�(�-f�� day of ; , 199 �- , before me a Notar�- Pubiic �vithin and for said County, personally ap eared y�,��r / . �.� i;,,�,1 n y,:', m� �-�--;e�__ known to me to be the person(s) described in and who executed the foregoing instrument, and acl:nowledged that he (they) executed the same as his (their) free act and deed. -- ��.,,� i \"�i� e� C i d�.��-�ztt�J � CAROLE A.HASEMAN Notary Public NOTARY PUBIIC-MINNESOTA �' HENNEPIN COUNTY � . `--�•'° My Commission Expires Jan.31,2�00 �� Page 5 of 5