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Home My WebLink AboutResolution 6315 � o� O � O CITY of ORONO _ , � �F RESOLUTION OF 6H3E,�Illf COUNCIL � �, NO. 5 ��k'EsH�g'� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916, 78-966 & 78-1286 FILE NO. 13-3624 WHEREAS, Wagener Properties LLC, a Minnesota Limited Liability Company (herein after the "Owner") is the owner of the property located at 3165 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Government Lot 1, Section 9, Township 117, Range 23 West of the 5th Principal Meridian described as commencing at a point in the West line of said Government lot distant 1160.8 feet North from the Southwest corner of said Government lot; thence East parallel with the South fine of said Government lot a distance of 442.93 feet, passing through a judicial landmark set pursuant to Torrens Case No. 11475; thence South parallel with the West line of said Government lot a distance of 102.5 feet; thence East parallel with the South line of said Government lot a distance of 211.0 feet, more or less, to the shore of Lake Minnetonka to the actual point of beginning of the land being described; thence West along the last described line to a point distant 442.93 feet East of the West line of said Government lot and 1058.3 feet North of the South line of said Government lot; thence North a distance of 102.5 feet to the North line of the South 1160.8 feet of said Government lot; thence West on the North line of the South 1160.8 feet of said Government lot a distance of 197.93 feet (or to a point 245.0 feet East of the West line of said Government lot); thence South parallel with the West line of said Government lot a distance of 175 feet; thence Southeasterly deflecting to the left 78 degrees 00 minutes, a distance of 330 feet, more or less, to the shore of Lake Minnetonka; thence Northeasterly along the shore of said lake a distance of 180 feet, more or less, to the point of beginning, Hennepin County, Minnesota, (hereinafter the "Property"); and WHEREAS, the Owner has made application to the City of Orono for a conditional use permit (hereinafter the "CUP") for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916, 78-966 & 78-1286 to incorporate approximately 2,267 cubic yards of fill into the Property in order to blend the contour with the Owner's adjacent property; Page 1 of 4 .� 0,�. O � O � CITY of ORONO � � �� RESOLUTION OF THE CITY COUNCIL �'� �J C,'�' NO. L�kEsH�g'� 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 August 19, 2013 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 13-3624. 2. The Property is located in the LR-1 B, One Family Lakeshore Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on August 19, 2013 and voted 6 for and D against on a motion to approve the CUP. The Planning Commission finds that the following factors support the granting of the requested CUP: a. The Property is 1.5 acres in area; has 173 feet of width at the lakeshore and 149 feet in width at the 75-foot setback. b. The request for fill in excess of 500 cubic yards will not impact the Property as viewed from the lake. c. The elevation which the fill is ultimately achieving will be consistent with the grades on the Owner's property to the south. d. The fill will be brought in over the Owner's access off of Bohns Point Road and not over the shared driveway accessing off of North Shore Drive. Neither the shared driveway nor the adjacent properties will be negatively impacted by the proposed fill. 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. Page 2 of 4 .� o,� O , O CITY of ORONO _ , � � � �;�' � � RESOLUTION OF�TF�E1C�TY COUNCIL �� '�' NO. 3 �kESH��' CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a CUP for filling and grading activity in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-916, 78-966 & 78-1286 in order to incorporate approximately 2,267 cubic yards of fill into the Property; subject to the following conditions: 1. Council approval is based on the grading plan submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the grading plan may require further Planning Commission and City Council review. 2. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 3. The Owner shall conform to the recommendations of the City Engineer. 4. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 5. An administrative Zoning Permit for Major Land Alteration is required prior to the commencement of grading activities. 6. The Owner shall submit an escrow in the amount of$5,000.00 for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 7. An as-built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 8. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by completing the project within one year of the date of Council approval, or the CUP will expire on that date (August 26, 2014). 9. 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. Page 3 of 4 � o� O � O CITY of ORONO � �1 �; � RESOLUTION OF THE CITY COUNCIL �� F NO. S 3 1 5 �kEsH�g'� 10. The undersigned Owner has read, understands and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner'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 26th day of August, 2013. ATTEST: ��Gx-c_�.z.2 do ce.�,�- �,�n�/�4-I��.0/�i--- Rachel Dodge, City Clerk Lili Tod McMi�lan, Mayor ,' r Prop rty O n s),/ v STATE OF MINNESOTA COUNTY OF HENNEPPIN This instrument was acknowledged before me this Z'1�'�• day of �"t � w�'�' , 2013 by 1"l a.r.�cst J,l.�c. its C�►i�c� `�w�►.a�4Ri� � on behalf of t,JasZa�.¢�. n�� L�C.. , the Owner. 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