HomeMy WebLinkAbout1986-11-10 Resolution #2078L
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2078
A RESOLUTION GRANTING
A CONDITIONAL OSB PERMIT
PER NDNICIPAL SOHIHG CODE
SECTION 10.03, SUBDIVISION 19
PILE 91078
WBEREAS, John B. Massopust and Longr'dge Associates (herein**
after "the applicants”) are the owners of the operty located at and
near 440 Brown Road South located within the City of Orono
(hereinafter ”City ”) and legally described as followst
Lot 3, Block, 1 Stronghold, Hennepin County, Minnesota;
and
The following described property in Section 3, Township 117
North, Range 23 West of the 5th Principal Meridian:
Commencing at the Northeast corner of the Northeast 1/4 of the
Southeast 1/4, then South 380 feet to a point 936.4 feet North of
the Southeast corner of the Northeast 1/4 of the Southeast 1/4,
then Westerly parallel with the South line thereof 456.05 feet,
then deflecting 89 degrees 45 minutes to the left a distance
191.55 feet, then Westerly parallel with the South J ine of the
Northeast 1/4 of the Southeast 1/h a distance 872.75 feet to a
point in the west line thereof a distance 744.85 feet North from
the Southwest cor.-^er thereof, then North 580 feet to the
Northwest corner thereof, then East to the point of beginning*
(hereinafter "property); and
WHEEBA8, the applicant has applied to the City of Orono for
a Conditional Use Permit to permit grading and excavation of a
wildlife pond per Municipal Zoning Code Section 10.03, Subdivision 19.
Minnesotai
HON, THESEPOEB, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning Pile #1078.
2. The property is located in the RR-IB Single i-amily Rural
Residential Zoning District.
3. On October 20, 1986, the Orono Planning Commission reviewed
the application as proposed and recommended approval, finding
that:
A) The pond area in question is not a designated wetland.
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A /
City of ORONO
RESOLUTION OF THE CITY COUNCIL
2078
B) The pond apparently existed previously as a pond only on
an intermittent basisr as indicated by inundated trees
present at the perimeter of the existing basin, noting no
cattails or other characteristic wetland vegetation at the
site.
C) The pond area may have previously had an outlet whic!.
was filled in during construction of the private road and
cul-de-sac.
4. The pond is at a very high point in the watershed of Lake
Minnetonka, and as previously existed had insignificant value as
a storage or nutrient retention area by virtue of a fairly small
influent watershed.
5. This proposal to excavate the center of the pond area and
fill at the perimeter will provide no designated outlet point,
creating a basin that by design will capture and retain the
current run-off inflow, hence additional storage and nutrient
retention will be provided in the watershed, which is a benefit
to Lake Minnetonka.
6. The City Council has considered this application including
the findings and recommendaticns of the Planning Commission,
reports by staff and comments of the applicant and the effect of
the proposed use on the health, safety and welfare of the
community.
7. The City Council finds that granting a Conditional Use Permit
to allow the grading and filling in this pond area will not be
detrimental to the health, safety or general welfare of the
public, would not adversely affect light, air nor pose a fire
hazard or other danger to neighboring properties, nor will it
depreciate surrounding property values and that the proposed
level of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the
City.
COHCLOSIOHS, ORDER AHD COMDITIOIIB
Based upon one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Permit per Municipal Zoning
Code Section 10.03, Subdivision 19 to permit the grading and
excavation of a wildlife pond, subject to the following ccnditionst
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.V V it
W- V«i ;\
City of ORONO
RESOLUTION OF THE CITY COUNCIL
2078
1. Applicants shall grant a Conservation and Flowage Easement to
the City over the pond area.
2. Applicants and applicants' contractor shall provide
appropriate erosion control measures as required by the City
Inspector.
3. The pond banks and disturbed area shall be re-vegetated as
soon as feasible following completion of the excavation and
grading.
4. The applicants are advised that upon granting of a
Conservation and Flowage Easement over the pond» the pond becomes
a designated wetland subject to the 26* wetlands setback. No
future additions to the house at 440 Brown Road South may extend
closer than 26' to the edge of the pond.
5. The applicants' contractor shall obtain a grading permit
prior to commencement of the work on the pond.
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 undersigred applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, 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 10th day of
Nov^ber, 1986.
ATTEST:
Hailin', City Clerk
OCIATES
\\ - V
*artaer -
bthy
LONGRIDGK Al^(
-Property OwnerU) w. Duncan MacMillan
Mary c. ^u5^er. Mayor
7yiciu0^
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City of ORONO
RESOLUTION OF TH^ CITY COUNCIL
2078NO.
“L'.'-" • .V- p'
STATE OP MINNESOTA )
)
COUNTY OF HENNEPIN )
) S6.
On this nhniveMTH-day of t40\/fe
before me a Notary Public within and for
appeared W«
said c
1986
county, personally
known to me to be
the person(s)described in and who executed the fore^oin^
instrument, and acknowled9ed that he (they) executed the same as
his (their) free act and deed.
■AAMAMAMMMAMMMMMAA/VMAAMA*
tOOO 0. ANDREWS
NOTARY PU8UC-MINNES0TA
MCNNEWN COUNTY
My Comm Eipir,* Aug 7. IM7
• WVWVWAAAAWWVWVWNA^VWWWy »
li
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OP HENNEPIN )
t^hOn this
a
rsci
day of /fi!H 1986, before me
u J
11^^ within and^ for sai<d County, ^rsonally appeared
known to me to be the
person(s) described in an^ who executed the foregoing Instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
{ n. .•
NOTARY PUBLIC J
MY COMMISSION EXPIRES
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