HomeMy WebLinkAbout1987-12-24 Resolution 2320 Zoning Variancer
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2320________
A RBSOUITZOH GRAMTIMG
A VARJANCB TO
MOniCIPAL ZOM1H6 CODE
SECTION 10.55, 80B0XVX8X0N 8
AND A CONDITIONAL 088 PERMIT
PER 8BCTI0H 10.03, 80BDIVI8I0R 19
PILE 11216
HOERBAS, Clark Winslow (hereinafter "tne applicant") is tha owner
of the property located at 1595 Bohn's Point Road within the City of Orono
(hereinafter "City") and legally described as Lot 2, Block 1, Both and
Bridget, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of Orono
to permit the dredging of 1,548 cubic yards of spoils from a pond
approximately 1/2 acre in area and the excavation of 650 cubic yards of dry
land area adjacent to the pond to compensate for filling of road bed
located on east side of pond requiring a conditional use permit per Section
10.03, Subdivision 19 and per Section 10.55, Subdivision 8 seeks approval
of a variance because the pond is classified as a designated wetland.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 11216.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 2.12 acres in area.
4. The Orono Planning Commission reviewed this application on Octo^r
19, 1987, and recommended approval of the proposed variance to Section
10.55, Subdivision 8 allowing the dredging of a designated wetland,
and recommended approval of a conditional use permit per Section
10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of
spoils from the pond, based on the following findings:
A) The actual alteration will involve only 25% of the pond area
at approximately 1/2 acre.
B) The proposed depth of 12 feet will reduce algae growth and
pond orders.
C) .ne scope of the overall project is minimal and will result
in a negligible impact on the lake and wetlands.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2320
i. The proposed alteration will improve the aedimlni-»t-i«n capacity available and widlife habitat. »ediinlntatlon
li- J*'® proposed alteration would not appear to have anv
long term adverse effects on Lake Minnetonka. ' " ^
U'ihe C.P.CU,
B. The alteration will not pose a danger to life or property.
,.31?® P*'°P°®®1 appears to be compatible with the Citv’a desire to preserve natural land forms, vegetation and wetlands3
-"" "
:i.K “Ss
the improvement of the public road. ^ ^ith
h,.Uh. or ,o„oro. .o.cUr£,“t'hV i.V/irt'VdvUJJj
Page 2 of 4
I
Cilvof ORONO
; i*
RESOLUTION OF THE CITY COUNCIL
NO 2320
affect light, air nor pose a fire hazard or other da'^^cr
neighboring^ properties, nor will it depreciate surrounding property
values and that the proposed level of use of the property
keeping witl, the intcL and objectives of the Zoning Code and
Comprehensive Plan of the C: ../•
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the
Council hereby grants a variance to Municipal Zoning ^°de Section 10.55,
the subject property, subject to the following conditions.
1. Prior to dredging, silt fencing must be installed near the pond
outlet•
•> AnoUcant shall excavate 650 cubis yards of dry land area to
compensate for filling of designated wetlands P®J
exhibit D in Council packets for December 14, 1987 meeting.
« !S“clt, .ost b, .dvlSbd in writin. If there is . v.l.d
need to vary from this approved schedule.
4 Authorities granted by this resolution run with the
ilth iSe aopiicant. but are permissive only and must be «ercised by
application for a building permit within one year
Council approval, or the special conditions of this resolutii.n will
expire on that date (December 14, 1988).
5. Violation of or non-compliance with any of the terms and conji"
tions of this resolution shall constitute a violation
^od^, shall automatically terminate any authority granted herein, and
shall be punishable as a misdemeanor.
Adopted by the Orono City Council on this 14th day of December,
Jr^thy ft. llalii'n; City Clerk
/’LJl k ' ''
n*p-^R/ GrabeKT-ftayo^
Property Owner(s)Paqo 3 of 4
I
Cit y of OROxNO
\ i ir
RESOLUTION OF THE CITY COUNCI L
2320NO.
affect light, eir nor pose a £ire hazard or other danger to
neighboring properties, nor will it depreciate surrounding property
values and that the proposed level of use of the property
keeping with the intent and objectives o£ the Zoning Code
Comprolicnsive Plan of the C'
CONCLUSIONS, ORDER AND CONDITIONS
the subject property, subject to the following conditions:
1. Prior to dredging, silt fencing must be installed near the pond
outlet.
2 Applicant shall excavate 650 cubis yards of dry land area to
compensrte for filling of designated wetlands
exhibit B in Council packets tor December 14# 1987 meeting.
3. The hauling of the spoils shall not take place on Saturdays or
Sundays and shall only be conducted Monday through
to 4:30 p.ra. The City must be advised in writing if there is a valid
need to vary from this approved schedule.
4. Authorities granted by this resolution run with the Property not
with the applicant, but are permissive only and must be e^®tcis°^
application for a building permit within one year
Council approval, or the special conditions of this resolutli-n will
expire on that date (December 14, 1988).
5. Violation of or non-compliance with any of the terms and condi
tions of this resolution shall constitute a violation
code, shall automatically terminate any authority granted herein, an
shall be punishable as a misdemeanor.
6. The undersigned applicant has rood, understood and hereby agrees
to the terms of this resolution and on ^^ M
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 this 14th day of December,
ATTEST:,/
xttxrothy M.
/ 1 9 • f_ .
llallinT City Clerk Jam'm.s-,R/ GraboKT-Mayo^ .
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City of ORONO
RESOLUTION OF THE CITV COUNCIL
NO. 2320________
STATE OP MINNESOTA )
) S8.
COUNTY OF HENNEPIN )
On this
before me a Notary
day of OeQ^mber 198 7
__ __ __ _(tary Public within and for said county, personally
ap^ared 7- L ^
rtUlthe pers6n(8) "described in and who execiited the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
9 ■ ■ OOWTV ^
NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OP MINNESOTA )
)88.
COUNTY OP HENNEPIN )
On this _ _ _ day of __ _ _ _ _ _ _ _ _ _» 1»8_» before me
a Notary Public within and for said County, personally appearedknown to me to na tne
per8on( 8 r described in and who executed the f oregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
my COMMISSION EXPIRES
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