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HomeMy WebLinkAboutResolution 7487 IUP add soil • LAND TYPE Abstract(A) DOC NUM 11305017 Certified, filed and/or recorded on Aug 12, 2024 9:02 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 184 Pkg ID 2698968E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ORONO ) I certify the foregoing is the original resolution adopted by the City Council on July 8, 2024. Officially signed as City Clerk of Orono, Minnesota and the seal of the city on July 8, 2024. C e Lusian, Clerk 1cLOAtO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� 4. NO. 7487 `-KESHO A RESOLUTION APPROVING AN INTERIM USE PERMIT PURSUANT WITH MUNICIPAL ZONING CODE SECTIONS 78-916 & 78-1726 FILE NO. LA24-000026 WHEREAS, on April 24, 2024, Gregg W. Steinhafel and Denise E. Steinhafel (hereinafter "the Applicants"), the owners of the property, applied for an interim use permit for grading for the properties addressed 2265 North Shore Drive and 2285 North Shore Drive and legally described as: Attached as Exhibit A (hereinafter the"Property"); WHEREAS, the Applicants have made an application to the City of Orono for an interim use permit (hereinafter the "IUP" pursuant to Orono Municipal Zoning Code Sections 78-916 and 78-1726 to allow a maximum of 2,900 cubic yards of dewatered dredging spoils to be deposited on the Property for the creation of berms and dispersed on-site; and WHEREAS, on June 17, 2024, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on June 17, 2024, the Planning Commission recommended approval of the IUP as described; and WHEREAS, on July 8, 2024, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested IUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above-mentioned meetings, and all other materials distributed at these meetings are hereby incorporated by reference. A2. The Property is located in the LR-1A, One Family Lakeshore Residential Zoning District. -cLOAtO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL � •4. NO. 7487 kESHO� A3. The Property contains approximately 22 acres in area. A4. The Applicants have applied for an IUP for grading. A5. In considering this application for an IUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed IUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. INTERIM USE PERMIT ANALYSIS: The Council has determined that the proposed use will comply with the following IUP criteria outlined in Code Section 78-1726: B1. The use is allowed as an interim use in the applicable zoning district; Grading activities are permitted within the LR-1A Zoning District. This criterion is met. B2. The use will not delay anticipated development or redevelopment of the site; The grading activities will not impact future site development. This criterion is met. B3. The use will not be in conflict with any provisions of the city code on an ongoing basis; The plan will be reviewed by our City Engineer and the Applicants will be required to follow City requirements. The project will obtain all necessary permits with outside agencies including MCWD, LMCD, and NPDES permitting. This criterion is met. B4. The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The Applicants shall ensure the project scope remains within the property lines, the haul route is monitored (and cleaned as often as necessary), and that any adverse impacts are mitigated. This criterion is met. B5. The use will not impose additional unreasonable costs on the public; The project will not impose additional costs on the public. This criterion is met. B6. The date or event that will terminate the use can be identified with certainty; The Applicants have provided a project timeline which will commence in the Fall of 2024 and will be finalized mid-summer 2025. This criterion is met. 2 O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti- *4- NO. 7487 `i''EsH0iLt B7. And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. Approval of the Interim Use Permit will be done through a resolution that is recorded with the County. All requirements and conditions will be listed as part of the resolution. This criterion is met. Additional Applicable Regulations (Section 78-916) B8. Consistent with the community management plan; The proposed activity on the residential properties is consistent with the community management plan. Grade alterations are reasonable. B9. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; This criterion is met. B10.Adequately served by police, fire, roads, and stormwater management; This criterion is met. The Applicants will be obtaining all necessary permits. B11. Provided with an adequate water supply and sewage disposal system; This criterion is not applicable. B12. Not expected to generate excessive demand for public services at public cost; This criterion is met. B13.Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There is no change of use contemplated. This criterion is met. B14. Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; The project will not result in a change in character. 3 �O�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� NO. 7487 `-kESHO‘t--t B15.Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This criterion is not applicable. B16. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed land alterations will be contained to the site and will meet all requirements by the City of Orono and other outside agencies. B17. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The Applicants are encouraged to work with any potentially impacted neighboring properties with concerns about screening or buffering. No screening or buffer requirements are required by the City. This criterion is met. B18. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed project will be contained to the site and is not permitted to encroach on neighboring properties. A haul route has been reviewed and approved by the City for the imported dredging materials. This criterion is met. B19. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The dredging spoils will be transported by lake to the dewatering site and will be transported back to the site over an approved haul route. This should allow construction traffic to be less of an impact. This criterion is met. B20. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The project will obtain all necessary permits from outside agencies such as MCWD, LMCD, and DNR as well as an NPDES permit. This criterion is met 4 AzLOtTO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7487 -Os HO B21.All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; This criterion is met; and B22. Not detrimental to the public health, public safety, or general welfare. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an interim use permit pursuant with Orono Municipal Zoning Code Sections 78-916 and 78-1726 to allow approximately a maximum of 2,900 cubic yards of material to be deposited on the Property for the creation of berms and to be dispersed on-site, subject to the following conditions: C1.Council approval is based on the entire record and the above Findings. C2.The approved project shall conform to the survey dated 04/19/2024 by Gronberg and Associates submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit B. C3.The approved material haul route is attached as Exhibit C. The Applicants shall monitor the haul route and respond accordingly. The Applicants shall ensure the project scope remains within the property lines, impacted roadways are cleaned as often as necessary, and any adverse impacts are mitigated promptly. C4.Any amendments to the plans that are not in conformity with City codes may require further Planning Commission and City Council review. C5.The Applicants agree to comply with the permitting requirements of all applicable jurisdictions including the Minnehaha Creek Watershed District. C6.Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by commencing said project. The project must commence within one year of the date of Council approval, or the IUP will expire on that date (July 8, 2025). 5 -cLO to CITY OF ORONO RESOLUTION OF THE CITY COUNCIL tiF !riNANO. 7487 `AkESHO0' C7.Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. C8.The undersigned Applicants are the owners of the Property and agree to the conditions herein. ADOPTED by the Orono City Council on this 8th day of July, 2024. CITY OF ORONO: Dennis Walsh, Mayor ATTEST: Chris ' usian, C' Clerk 6 0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� �4" NO. 7487 !-kESHO�� Gregg W. Steinhafel, Property Owner Denise E. Steinhafel, Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2024, by Gregg W. Steinhafel, husband of Denise E. Steinhafel. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2024, by Denise E. Steinhafel, wife of Gregg W. Steinhafel. Notary Public 7 Resolution No. 7487 Exhibit A LEGAL DESCRIPTION OF PREMISES: 2285 North Shore Drive / PARCEL 2: / From Document No. 7933525 PID: 1011723330006 That part of the following described property:All of the Southwest Quarter of the Southwest Quarter of Section 10, Township 117, Range 23; also all that part of Lot 4 in said Section 10 which lies West of the westerly line of the right-of-way of the Great Northern Railroad; also all of Lot 1 in Section 16 in said Township and Range; also all that part of Lot 1 of Section 15 in said Township and Range, which is described as follows: Commencing at the intersection of the North line of Lot 1 and the Northwesterly line of the right-of-way of the Great Northern Railway, and running thence southwesterly along said right-of-way 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West, 341.8 feet; thence South 73 degrees West 200 feet; thence South 58 degrees 30 minutes West, 99 feet more or less to the shore of the lake; thence northerly and westerly along said lake shore to the West line of Lot 1; thence North to the northwest corner thereof; thence East to the place of beginning. Excepting and excluding, however, the following described tracts of land, to wit: (1) That part of Government Lot 1, in Section 15, and Government Lot 4 and of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 117, Range 23, described as follows: Beginning at a point in the South line of Section 10 distant 919.4 feet East of the Southwest corner of said Section 10; thence East along the South line of Section 10, a distance of 128.6 feet; thence northeasterly deflecting 63 degrees 34 minutes to the left from last described line a distance of 505.1 feet; thence East parallel with the South line of said Section 10 a distance of 375 feet to the Westerly line of the right-of-way of the Great Northern Railway Company; thence southwesterly along the westerly line of said railroad right-of-way 473.6 feet to the South line of said Section; thence continuing southwesterly along the westerly line of said railroad right-of-way in Section 15, a distance of 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West, 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet, more or less to the shore of Lake Minnetonka; thence in a general northerly direction along the of said lake to the intersection of said shore line with a line drawn southerly from the point of beginning and parallel with the West line of Section 15 (which intersection point is northerly of two such intersection points); thence North along said parallel line to the point of beginning; (2) That part of the Southwest Quarter of the Southwest Quarter of Section 10, Township 117, Range 23, described as follows: Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 10; thence South along the West line of said Section 596.7 feet; thence East parallel with the North line of the Southwest Quarter of the Southwest Quarter of said Section 10 a distance of 425 feet; thence North parallel with the West line of Section 10, a distance of 596.7 feet to the North line of the Southwest Quarter of the Southwest Quarter of said Section; thence West along said North line 425 feet to the point of beginning; (3) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at a point in the West line of the Southwest Quarter of the Southwest Quarter of said Section 10, distant 596.7 feet South of the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence East parallel with the North line of said Southwest Quarter of the Southwest Quarter a distance of 425 feet; thence South parallel with the West line of said Southwest Quarter of the Southwest Quarter, a distance of 584 feet; thence South 80 degrees 06 minutes West, 172.45 feet; thence North 82 degrees 08 minutes West, 155 feet; thence South 57 degrees 31 minutes West, 120.6 feet, more or less, to a point in the West line of said Southwest Quarter of the Southwest Quarter distant 653.4 feet South of the point of beginning; thence North along the West line of said tract 653.4 feet to the point of beginning. (For purposes of this description, the West line of the Southwest Quarter of the Southwest Quarter of said Section 10 is assumed to be a due North and South line.) Which lies easterly of the following described line: Commencing at the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence easterly along the North line of said Southwest Quarter of the Southwest Quarter a distance of 925.00 feet to the point of beginning of the line being described; thence southerly parallel with the West line of said Southwest Quarter of the Southwest Quarter a distance of 500.00 feet; thence southeasterly deflecting left 58 degrees a distance of 420.00 feet; thence southwesterly, deflecting right 88 degrees a distance of 125.00 feet; thence westerly, deflecting right 49 degrees a distance of 215.00 feet; thence southwesterly, deflecting left 35 degrees a distance of 235.00 feet; thence southerly deflecting left 19 degrees a distance of 544.66 feet; thence southerly, deflecting left 25 degrees a distance of 550.00 feet; thence southeasterly, deflecting left 45 degrees a distance of 300.00 feet, and said line there ending. 2265 North Shore Drive / PARCEL 3 / From Document No. 8300213 The land referred to is situated in the State of Minnesota, County of Hennepin, and is described as follows:All of the Southwest Quarter of the Southwest Quarter of Section 10, Township 117, Range 23; also all that part of Lot 4 in said Section 10 which lies west of the westerly line of the right-of-way of the Great Northern Railroad; also all of Lot 1 in Section 16 in said Township and Range; also all that part of Lot 1 of Section 15 in said Township and Range, which is described as follows: Commencing at the intersection of the North line of Lot 1 and the Northwesterly line of the right-of-way of the Great Northern Railway, and running thence southwesterly along said right-of-way 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet more or less to the shore of the Lake; thence northerly and westerly along said lake shore to the West line of Lot 1; thence North to the northwest corner thereof; thence East to the place of beginning. Excepting and excluding, however, the following described tracts of land, to wit: (1) That part of Government Lot 1, in Section 15, and of Government Lot 4 and of the Southwest Quarter of the Southwest Quarter of Section 10, all in Township 117, Range 23, described as follows: Beginning at a point in the South line of Section 10 distant 919.4 feet East of the Southwest corner of said Section 10; thence East along the South line of Section 10, a distance of 128.6 feet; thence northeasterly deflecting 63 degrees 34 minutes to the left from last described line a distance of 505.1 feet; thence East parallel with the South line of said Section 10 a distance of 375 feet to the Westerly line of the right-of-way of the Great Northern Railway Company; thence southwesterly along the westerly line of said railroad right-of-way 473.6 feet to the South line of said Section; thence continuing southwesterly along the westerly line of said railroad right-of-way in Section 15, a distance of 1292.86 feet; thence North 72 degrees 42 minutes 30 seconds West, 341.8 feet; thence South 73 degrees West, 200 feet; thence South 58 degrees 30 minutes West, 99 feet, more or less to the shore of Lake Minnetonka; thence in a general northerly direction along the of said lake to the intersection of said shore line with a line drawn southerly from the point of beginning and parallel with the West line of said Section 15 (which intersection point is northerly of two such intersection points); thence North along said parallel line to the point of beginning; (2) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 10; thence South along the West line of said Section 596.7 feet; thence East parallel with the North line of the Southwest Quarter of the Southwest Quarter of said Section 10 a distance of 425 feet; thence North parallel with the West line of Section 10, a distance of 596.7 feet to the North line of the Southwest Quarter of the Southwest Quarter of said Section; thence West along said North line 425 feet to the point of beginning; (3) That part of the Southwest Quarter of the Southwest Quarter of Section 10 Township 117, Range 23, described as follows: Beginning at a point in the West line of the Southwest Quarter of the Southwest Quarter of said Section 10, distant 596.7 feet South of the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence East parallel with the North line of said Southwest Quarter of the Southwest Quarter a distance of 425 feet; thence South parallel with the West line of said Southwest Quarter of the Southwest Quarter, a distance of 584 feet; thence South 80 degrees06 minutes West, 172.45 feet; thence North 82 degrees 08 minutes West, 155 feet; thence South 57 degrees 31 minutes West, 120.6 feet, more or less, to a point in the West line of said Southwest Quarter of the Southwest Quarter distant 653.4 feet South of the point of beginning; thence North along the West line of said tract 653.4 feet to the point of beginning. (For purposes of this description, the West line of the Southwest Quarter of the Southwest Quarter of said Section 10 is assumed to be due North and South line.) Which lies westerly of the following described line: Commencing at the Northwest corner of said Southwest Quarter of the Southwest Quarter; thence easterly along the North line of said Southwest Quarter of the Southwest Quarter a distance of 925.00 feet to the point of beginning of the line being described; thence southerly parallel with the West line of said Southwest Quarter of the Southwest Quarter a distance of 500.00 feet; thence southeasterly deflecting left 58 degrees a distance of 420.00 feet; thence southwesterly, deflecting right 88 degrees a distance of 125.00 feet; thence westerly, deflecting right 49 degrees a distance of 215.00 feet; thence southwesterly, deflecting left 35 degrees a distance of 235.00 feet; thence southerly deflecting left 19 degrees a distance of 544.66 feet; thence southerly, deflecting left 25 degrees a distance of 550.00 feet; thence southeasterly, deflecting left 45 degrees a distance of 300.00 feet, and said line there ending. 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