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Home My WebLink AboutResolution 6189 -7 �7 F,- t,/xL� 1&g- l\l Doc No A09930703 Certified, filed and/or recorded on 3/19/13 2:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 949001 M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-966 & 78-968 FILE NO. 12-3584 3 O� O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 1 8 9 RSH0 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-966 & 78-968 FILE NO. 12-3584 WHEREAS, Ralph William Burnet and Peggy Ann Burnet, husband and wife (hereinafter "the Owners") are the owners of the property located at 517 Ferndale Road North (hereinafter the "Property") within the City of Orono (hereinafter the "City") and legally described as: Attached as EXHIBIT A; and WHEREAS, the Owners have 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 level and alter the existing natural grade to prepare for the 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 November 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 I. This application was reviewed as Zoning File#12-3584. 2. The City Engineer has reviewed the grading plans and finds them acceptable. 3. The Planning Commission reviewed this application on November 19, 2012 and on a vote of 7-0 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 CITY of ORONO RESOLUTION OF VJ CITg COUNCIL NO. SH0 a. The property was initially developed in 1955 with a single family home; the existing home and accessory structures were removed/demolished in October 2011 by a previous property owner. b. Clean fill material was brought to the site as required to fill the holes left by the demolition of the home and accessory structures in October 2011 by the previous property owner to satisfy the demolition permit requirements. c. The previous owner anticipated that fill would be needed for the Property to make it more buildable for a larger home. Approximately 360 cubic yards of excess fill was brought to the site without City approvals and administrative permits were eventually issued as the fill amount was less than 500 cubic yards. d. The previous owner subsequently brought additional fill material to the property without City permits which, when added to the previous 360 cubic yards, exceeded 500 cubic yards of fill material. e. The Owners are requesting that the conditional use permit for the fill be approved after-the-fact. 4. Planning Commission finds that the land alteration as it exists today complies with the conditional use permit criteria found in Section 78-916, as follows: a. The intended use of the Property is supported by the comprehensive plan. b. Only clean fill was used in conjunction with this project. A survey reflecting the existing grades was provided to the City Engineer for review; he has determined the existing site to be acceptable. c. 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. d. The Owners' septic contractor has submitted a report and determined that the filling activity on the Property has not impacted the viability or functionality of the septic treatment sites. e. The height of a new home and the determination of a basement will be based on the pre-fill grades as established on the survey by Gronberg & Associates dated 09/14/2011 attached as Exhibit B. f. 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. Page 2 of 5 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. t 1 8 9 �kESH0 g. The land alteration will not generate nuisances, and the plan approved by the City Engineer adequately addresses erosion concerns. h. 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Owners 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. 6. 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 level and alter the existing natural grade to prepare for the construction of a new residence on the Property, subject to the following conditions: 1. Council approval is based on the post-fill conditions survey by Gronberg & Associates dated 08/02/2012, attached to this Resolution as Exhibit C. Any changes or amendments to these plans will require further Planning Commission and City Council review. 2. The Owners shall comply with the following conditions of approval: a. Owners 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. Page 3 of 5 O O CITY of ORONO r1 RESOLUTION OF THE CITY COUNCIL No. 6189 ��kESH0 c. Owners shall pay an after-the-fact zoning permit application fee for the land alteration prior to or concurrently with the building permit for construction of a new residence on the Property. 3. This approval specifically dictates the calculation of the number of stories and defined building height for a proposed home on the site to be based on the pre-fill grades as shown on the survey by Gronberg & Associates dated 09/14/2011 attached as Exhibit B. 4. 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 at or before such time when a building permit is issued for construction of a new home on the Property. 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 Property. ,Adopted by the Orono City Council on the 10th day of December, 2012. >a ASST r , -in 4,S_Vee Qity Clerk` Lili Tod McMillan, Mayor Propel Owner Prope y er Page 4of5 O O CITY of ORONO a RESOLUTION OF THE CITY COUNCIL NO. � 1 8 9 SH0 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of dt 2� , 2011by Ralph William Burnet, husband of Peggy Ann Burnet. _ , RACHEL DODGE Notary Public fl:�OTARY PUBLIC-MINNESOTA �.. 7" ?iw CamMission Expires Jan.31,2015 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day o , 2002 by Peggy Ann Burnet,wife of Ralph William Burnet. MONICAA.FADNESS Nota Public ` NOTARY PUBLIC MINNESOTA P My Commission Expires Jan.31,2017 y„a,.... Page 5 of 5 awl &IT LEGAL DESCRIPTION: the North Half of the Southeast Qt°of ethe f 5th Principal MeNortheast ridian, f That part of of a 23 Wes Section 36, Township 118 iNorth,at Range in the d o South line 1 ofsaid �East rof the o described as follows: Beginning3nt said South line 330 feet; thence at a the Southeast Quarter of the Northeast Quarter, o West to an intersection with a Southwest corner thereof; thence ence sa{alaongghtangle right angle North 344.5 feet; running from a point in the South line 391 sfeetNEast of Half the Southwest Southeast line t distant Quarter of the Northeast Quarter, section said last described line o a Dint distant 675 feet South of See North line and 830.75 feet nes thereof, t P of the East line of Government Lot 3 in to the North line of said North Half of the hereinafter designated and referred of as "Line A"; thence Northerly North being point 200 feet south orallel with the said Line A to a p an thence Wes p Southeast Quarter of the Northeast Quarter; para f said North Half of the Southeast Quarter point of Northeast P r o Dint line o parallel line to thep intersection with a tine drawn thence o southerly along last said with aforesaid "Line A of beginning. .VLV ! • �t-4-t�1 6 1 $ 9 SONO COPY BOUNDARY AND TOPOGRAPHIC SURVEY FOR PERRY SCHMIDT / IN THE N 112,SE 114,NE 114 36-118-23 HENNEPIN COUNTY, MINNESOTA \ w•Ix�eae To.w.n f�i 1 \ feFxlxx'e1WY MmDO1�1xRNE5T OF 1•E 46f 1 1Y60r fdVt lOTieEC f►I�W fpllxlU'rr orrvtee w, w , \ attxstua '�''� 1 \ \ � ��ire• / I SCALE IN FEET I rerxeer«ww I I I i , I I t l ♦ I / I \ ` 1 1 11 1 EXISTING HOUSE —^---- c 0517 ED 1 / rmveo•W slm . ..ri..rrr.rr.-rrwr.r.-r tMCW®1a IfORIN IRi�•Mrglr.Ow.rrrrrr.r x0uMu6OF x011111 xR. rr.rrr�«rr rr cew.1•a wleawnw m--.ee w.n!wlxt4lwx .�r.o.r«rWer.•wrmrr«r �•wsrrrrrrrrr.r.'•r.� r«�rrrw�ril..e••«..rr.r1�""r....".. .fir....his.�:..rr...`...`r..�rr.•.r..�.�.++ .rrrr GRONBERG 3 ASSOCIATES,INC. aF1.ma�a.wo n111Ferolu,wum Fur�a+c M6 N.11Y4LOW DAWl Lain LANE.fm Ms- FAY-M41144"s s- FAY-M41144"s a1L' it - Cl/ CSS I n��c� �' rr K BOUNDARY AND TOPOGRAPHIC SURVEY FOR 61 8 9 G PERRY SCHMIIDT INT HENNEPIN COl//UNTY, MINNESOTA NE 1/4 8_23 / S 8fS8ZrE 180MNE A ExTENDS TO A PONT "675 ET SOUTH OF THE NORTH LINE YAND 630.75 ET WEST OF THE EAST LINE OF GOV T LOT 3.SEC.36-116-23 SOUTH LINE OF NORTH 21 I \ FEET OFN T2 SE 1M.NEJ/N BEC.36-1 ISM / \ 7NER /=-- -20 0 ZO 40 60 S C A L E I N E E E T I / I �...-......LINE PARALLEL. / WRN7NEK N BS'SCSO'W 19.01 —_—_—_ —_—_� I I I I If I + I I 1rz ALT oT IA01\\ I NDI Nj \\ 'C` \\ ' _ I °wr,ra............ ' ♦' / �E.TnsleFEc NCE ba. ! \ -m�a�':� \\�1' \\VI 1 I+-,......NOTE PROPOSED �\SEPTIC AREAS, TO BE LH*TURBED ANDILEFT AS S d'T IIII $Rwb / 4 �` mo ` \ I \ ` NOTE EFAroF�aFAT1A0EO \d\ roAa S SLOPE x\ / / io a l nape A9RYE9t H—E 1Rd1WT031 1 1 I ! \ e'OF TOPSOIL TO BE INCORPORATED INTO _ T16 AREA EMLIDING PROPOSED STRUCTURE TO Ube WILL OCCUR T ALL TOPSOIL NCDRRAXION T 11' /f jCo \t EXISTING GRAVEL DRIVE/ AREA m SE REGRADED PIX AOPFEIIW. -- r YAIaAN To of w. NIN 330,%1 - —— �.,— lrrvaw /211 DO v NeS'SS'Tww 3101 AO .... w S' CO R fX Np81H 1 /2. SOU1R LM Of HORTw 1/2. LEGAL MS-1— SE 1/,.NE 1/,SE c.38-118-2J SE 1/,.N: /,SEC.36-119-23 ne Ho•tn Ha na SputMaal Ouo•le•c M Nmineoel Ouw le•of 5«Iwai 36�'lowNip 118 Nmin1 Rerpe 23 Wec1 of Ine 151n P•a W N tdwn. . Bpwrnnq o1 ne Sop1n line Ndl o/ M�Sou1Mm1'Qwler o Ne•IM®i Ouerler,dlelanl 211 o1ee1 Em�al IM $1NInNe1 c e Caa1 e1en9 e d Spuln tine 330 feel:lnerv. •iqn uangweq Noin 4..5 les a •ipnl w t 10 'mle•eecli.n n . o OIs1e•oC 111e Norineosi gvle•�Eielonl 391 feel E.1.1IlnvS.WMnlMca'1n mt 675 leer S 1n pl ne No•1n Ime mw 930.75 leer weal M 'ml a,e�o'I Ge.nmsM let 3 n __- mRw�Nw�WwWNwp E;r.:,too �d -w l...-lh-°.11. RECEIVED Saena»1 f?wle•o ne t Ouprler:tMnc ea wNw eiln 1M N Ye of sad Coln.1 pl 1.Sputneocl Mtw of IM lbtnea:l Wm1er to a-W nasty—IM' of 9i-9 om po•a1e� ei'1n awewE'nLne A-:I—xw—I,4o Wp1 mead paroeN One Ip IHe yoinl pf� OCT 252012 I..v ase pplegmies prtl tapo9•oMY pl Ine mo•e de iced p 'Y'n dees$.1 pupal 1-enov mY other immovemenlp e,mcrac+•wn1s. ^ ITY OF ORONO EsislmR eimtpv Ym.mem eep NCN mlum FIE Bumulgs gw.n we ppFed'+pm m mwmee mlvn VISIONS GRONBERG SL ASSOCIATES, IN r�i DA,C B. ENnRrcS wmrtwn lem111w CML ENGINEERS,LAND SURVEYORS,LATf7 PLAN m lwnp 445 N.WILLOW DRIVE LONG LAKE,WIN Ef, N - I..e. L7! PHONE:952-473.4141 FAX:252-177e-A/ c — L STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on December 10, 2012, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this. day of December , 2012. Y{ i t+ A City Clerk (seal) ,f { O