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Home My WebLink AboutResolution 6155 . � � O� O , O CITY of ORONO ��' a � � � � ,;G1 � RESOLUTION OF THE CITY COUNCIL ' �� No. 6 1 5 5 ��E o4�G SH A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-966 & 78-968 FILE NO. 12-3560 WHEREAS, Matthew K. Kissner and Neena S. Kissner, husband and wife (hereinafter "the Owners") are the owners of the property located at 3205 Graham Hill Road (hereinafter the "Property") within the City of Orono (hereinafter the "City") and legally described as: Lot 1, Block 1, GRAHAM HILL PRESERVE, Hennepin County, Minnesota; and WHEREAS, Sven Gustafson dba Stonewood, LLC (hereinafter "the Applicant") on behalf the Owners has made application to the City for an after-the fact conditional use permit for land alteration in excess of 500 cubic yards of earth movement to elevate and alter the existing natural grade for construction of a new residence on the Property; 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 June 18, 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 1. This application was reviewed as Zoning File #12-3560. 2. The City Engineer has reviewed the as-built grading plans and finds them acceptable. 3. The Planning Commission reviewed this application on June 18, 2012 and on a vote of 6-0 found that the application satisfies the requirements for granting a conditional use permit, and made the following additional findings: Page 1 of 5 . .� o�. O � O CITY of ORONO � _ � i � ° � � RESOLUTION OF THE CITY COUNCIL � ti 6 � 55 �'�,� .°�" G NO. �kEsH04� a. Graham Hill was a new subdivision approved in Sept. 2007; grading and installation of road and stormwater facilities by the original developer occurred in 2007/2008. b. Excess fill from construction on the adjacent lot to the west was placed on the Property in 2011, the developer anticipating that fill would eventually be needed for the Property to make it more buildable for a walkout situation. The fill was done without City approvals. The developer subsequently indicated he would make the appropriate applications for after-the-fact approval of the fill but that did not occur before the Property was sold for development in December 2011. c. Applicant is requesting that the fill be approved after-the-fact to allow construction of a new home for the Owners. A building plan has been provided that is expected to meet the 2-1/2 story and 30-foot height limits when measured based on the new grades established by the new fill. d. Planning Commission finds that the land alteration as it exists in the as- builtcondition complies with the conditional use permit criteria found in Section 78- 916, as follows: - The intended use of the Property is supported by the comprehensive plan. - Only clean fill was used in conjunction with this project. An as-built plan for the fill was provided to the City Consulting Engineer for review and analysis, and his comments provide guidelines for information needed prior to issuance of a building permit for the site. - The Property can be adequately served by well and septic, and the grading is not expected to generate excessive demand for any public service at public cost. - Potential maximum building height atop the new grade will be substantially similar to pre-existing conditions and will be compatible with the surrounding residential land use and existing neighboring homes. - The character of the area will not be impacted as final grades will tie into existing grades on neighboring properties in a manner that appears as natural and not contrived. The building pad will accommodate a home at an elevation and style that is compatible with adjacent land. - The land alteration will not generate nuisances, and the plan approved by the engineer adequately address erosion concerns. Page 2 of 5 , .� o�. '��;a - O CITY of ORONO � ° ,,u � RESOLUTION OF THE CITY COUNCIL �',� ' � :a`° G��' No. 6 � 5 5 ��kESH�4� - The land alteration will not generate excessive non-residential traffic or lighting directed onto neighboring properties. The land alteration does not include aspects counter to public health, safety or welfare. 4. The City Council has 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 land alteration is in accord with the objectives of the RR-1B zoning district in which the Property is located and with the comprehensive municipal plan and that the land alteration will 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 an after-the fact conditional use permit for land alteration in excess of 500 cubic yards of earth movement to elevate and alter the existing natural grade for construction of a new residence on the Property, subject to the following conditions: 1. Council approval is based on the as-built 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. b. Re-vegetation and stabilization of the site shall occur within a timely manner. c. Applicant shall obtain an after-the-fact zoning permit for the land alteration prior to or concurrently with the pending building permit for construction of a new residence on the Property. � Page 3 of 5 . .� o�. O �, O CITY of ORONO �a�= _ � � ' � � RESOLUTION OF THE CITY COUNCIL �� ' .:�� Gti No. 6 1 5 5 �k'ESH�g'� 3. This approval specifically allows the calculation of the number of stories and defined building height for a proposed home on the site to be based on the as-built grades as shown in Exhibit A. 4. Applicant shall adhere to the recommendations of the City Consulting Engineer, including submittal of a Storm Water Pollution Prevention Plan; provision of security for sediment and erosion control; engineered design for any retaining walls in excess of 4 feet in height; and obtaining the required MCWD erosion control permit. 5. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining the required after-the-fact land alteration permit within one year of the date of this approval (no later than July 9, 2013). 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 Owners have read, understand, and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Properties. Adopted by the Orono City Council on the 9th day of July, 2012. ATTEST: b��:�. �- /� � .� I��.�'�. Lincia S. Vee, City Clerk Lili Tod McMillan, Mayor �--- /� � / Property Owner r erty Own Page 4 of 5 . . � °� O �,, O CITY of ORONO � - � � RESOLUTION OF THE CITY COUNCIL '�,� v� ;�` G,ti,�' NO. 6 1 � 5 ��kESH�g'� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this � day of , 2012 by Matthew K. Kissner, husband of Neena S. Kissner. MONICAA.FADNESS C� (/j' • •� NOTARYPUBLIC-MINNESOTA Notary Public '.i8•,; My Commission Expires Jan.31,2017 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this � day of ��` , 2012 by Neena S. Kissner, wife of Matthew K. Kissner. 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