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Home My WebLink AboutResolution 54901] CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 49 0 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-967 FILE NO. 06-3209 WHEREAS, Wendy B. McLaughlin, a single person (hereinafter "the applicant") is the owner of the property located at 1180 Phillips Drive within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Phillips Woodland Terrace, Hennepin County, Minnesota. (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit in order to conduct land alterations in excess of 500 cubic yards pursuant to Orono Municipal Zoning Code Sections 78-967 (B) (2), to conduct land alterations in order to create a pond and re -grade the area to the rear of the home. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 06-3209. 2. The property is located in the RR -1B One Family Rural Residential Zoning District which requires a minimum lot area of 2.0 dry acres and a minimum lot width of 200 feet. 3. The Planning Commission reviewed this application at a public hearing held on July 17, 2006 and recommended approval of the conditional use permit based on the following findings: a. The lot contains 114,328 s.f. or 2.62 acres in gross area. The property contains a wetland delineated under current ordinances which were not in effect at the time the property was created and developed. Under Page l of 5 g CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL Si304� NO. 5 49 0 current ordinances the lot area is nonconforming with regard to dry buildable area. b. The wetland body will not be impacted by the proposed grading or filling. c. Neither of the adjacent properties will be negatively impacted by the proposed fill. d. Although the wetland protection ordinance has not been triggered by the proposed land alteration, the applicant has proposed a buffer around the wetland areas with the exception of the area directly to the rear of the home, meeting the standards of the "buffer flexibility" section of the wetland protection ordinance. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit in order to conduct land alterations in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-967 (B) (2), to conduct land alterations in order to create a pond and re -grade the area to the rear of the home, subject to the following conditions: 1. Council approval is based on the site plan and grading plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Page 2 of 5 • CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 9 0 Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The applicant shall install/maintain a vegetated buffer area as shown on the site plan attached as Exhibit A. 3. The applicant shall perform all proposed work in accordance with the Minnehaha Creek Watershed District, Wetland Conservation Act and the City of Orono regulations. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date (July 24, 2007). 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 applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 the 20 day of July, 2006. ATTEST: Linda S. Vee, City Clerk Tiffs �./ Property Z -_ • Barbara A. Peterson, Mayor /flyI ...u. / 11►�I Page 3 of 5 • • 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 4 9 0 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisp� day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota muni pal corporation and said instrument was executed on behalf of the City. P? JACQUELYN M. YUUNU Notary public -Minnesota pAy Commission Expkes Jan 31_ 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN S -f" The foregoing instrument was acknowledged before me on this day of 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota munici al corporation and said instrument was executed on behalf of the City. AlRACHEL DODGE l , P\—"11 i NOTARY PUBLIC - MINNESOTA Notary Public My Commission Exi�ires Jan. 31, 2010 Page 4of5 • 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 49 0 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of Oe7 btr-, 2006 by Wendy B. McLaughlin, a single person. DENISE M. 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