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Home My WebLink AboutResolution 6138 . i � O� O �!` . O CITY of ORONO ' �a - �, � �� ' � RESOLUTION OF THE CITY COUNCIL 4,�,.: '�� ; ::�� ti. NO. � 1 z Q G ��kESH04� REVISED 5-10-12 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PURSUANT TO SECTION 78-966 & 78-968 FILE NO. 12-3546 WHEREAS, Maple Place LLC (hereinafter "the Owner") is the owner of the properties located at and adjacent to 1545 Maple Place (hereinafter the "Properties") within the City of Orono (hereinafter the"City") and legally described as: Lots 7, 8, 9, 10, 11, 12 and 13, Block 6, CRYSTAL BAY VIEW, Hennepin County, Minnesota; and WHEREAS, Todd Holmers (hereinafter "the Applicant") on behalf the Owner has made application to the City for a conditional use permit for land alteration in excess of �00 cubic yards of earth movement to create stormwater ponding and implement grade changes necessary for stormwater management to accommodate proposed development of seven individual single family homes on the Properties; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 19, 2012, at which time 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 l. This application was reviewed as Zoning File#12-3546. 2. The City Engineer has reviewed the plans and finds them acceptable. 3. The Planning Commission reviewed this application on March 19, 2012 and on a vote of 6 - 0 found that with conditions the application will satisfy the requirements for granting a conditional use permit. Page 1 of 4 � o� O a� O CITY of ORONO �,�;�, _ v.. � `� ;� � RESOLUTION OF THE CITY COUNCIL � .. ,�t :�,... �G� No. 6 � 3 8 �kESH�g' a. The Applicant will provide evidence of the appropriate MCWD approval prior to commencement of the project. b. The Applicant will apply for and receive an administrative land alteration/zoning permit prior to commencement of the project. c. The Applicant will provide an erosion control and zoning application escrow in the amount determined by the City Engineer prior to commencement of the project. 4. The City Council considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant and the public, and 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 proposed grading is in accord with the objectives of the LR-1C zoning district in which the properties are located and with the comprehensive municipal plan and that the proposed land alteration would 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 the above findings, the Orono City Council hereby grants a conditional use permit for land alteration in excess of 500 cubic yards of earth movement to create stormwater ponding and implement grade changes necessary for stormwater management to accommodate proposed development of seven individual single family homes on the properties, subject to the following conditions: 1. Council approval is based on the grading plan submitted by the Applicant, attached to this Resolution as Exhibit A. Any changes or amendments to these plans will require further Planning Commission and City Council review. 2. The Applicant and Owner shall comply with the following conditions of approval: a. Applicant and Owner shall adhere to the City's erosion control regulations as well as the permitting requirements of the MCWD. Page 2 of 4 � o� O �, O CITY of ORONO � �a��, -� a� � � �',�'`� � RESOLUTION OF THE CITY COUNCIL "�� '� .:�� ,�,�' � No. 6138 ��kESH�g'� b. Re-vegetation and stabilization of the site shall occur within a timely manner. Vacant lots shall be seeded and maintained per City codes. c. Before the project commences, a zoning permit for land alteration shall be obtained from the City and a copy of the MCWD erosion control permit provided to the City. In conjunction with the City permits, the Owner shall provide an escrow in an amount of $10,000 per the recommendation of the City Engineer and sign an escrow agreement to ensure that erosion and sediment control measures are properly maintained, and any damage to public property is repaired. 3. Calculation of the number of stories and defined buildin� height for all 7 proposed homes shall be based on the pre-existin� �rades. not the newlv created grades resulting from implementation of the grade ehan eg s a��proved with this Conditional Use Permit. 4. Developer shall pay the incremental Storm Water & Draina�e Trunk Fee for new development on the 6 vacant lots with each building permit as each lot develops. 5. Authorities granted by this resolution run with the Properties not with the Owner, but are permissive only and must be exercised by obtaining a land alteration permit. 6. 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. 7. 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 successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Properties. Adopted by the Orono City Council on the 14th day of May, 2012. ATTEST: �� Linda S. Vee, City Clerk Lili Tod McMillan, Mayor Page 3 of 4 � O� O � O CITY of ORONO '��- ;. � � �� °�;`?�. � RESOLUTION OF THE CITY COUNCIL �� n�' :�`� �� No. 6 1 3 8 � �kEsH�4'� ' c �-"a;�-�� Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This 'nstrument was acknowledged before me this � day of Lt..l�� , 2012 by �D c�C� �rV1�►"5 , its �{iC�'' �' on behalf of Maple Place LLC, a Minnesota Limited Liability Comp y. �� _, M� � i NICAA.FADNESS ot Public � _ NOTARY PUBLIC-MINNESOTA ,;,H,a My Commission Expires Jan.31,2017 .F.�: ... Page 4 of 4 _ i ' � GRADING AND SITE PLAN FOR � �� Resolution MAPLE PLACE, LLC �°�� ExhibitA , _ � OF LOTS 7-13, BLOCK 6, CRYSTAL BAY VIEW ` �� HENNEPIN COUNTY, MINNESOTA ^-� �—� YH \\ \�� 1 3 8 . �\\ � OENOTES PROPOSED SPOT EIEVAIWK IEIJ!SFJ�IEVEL DA71Y /�� I � �= DEND7E5 PROPOSFD COItfOIR LIE.1EAN SEA LEVEL M7U1 � 'f .m, ` --yy9--: E745TNG WNTOUR FRW 8-18-11 FE1D wpK O DQ�DlES ROH MAtM(ER I f` TOTIIL IiMEA�83.00D+-SF. 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