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Home My WebLink AboutResolution 5118 SCANNED CITY of ORONO RESOLUTION OF THE CITY COUNCIL k'ESIIDg� NO. t A RESOLUTION GRANTING VARIANCES TOj MUNICIPAL ZONING CODE SECTION 78-1112, AND A CONDITIONAL USE PERMIT PER SECTIONS 78-1113/14(2b) FILE NO. 04-2985 WHEREAS, Michelle A. Cullum and Thomas C. Cullum, Jr., husband and wife (hereinafter"the applicants")are owners of the property located at 785 Ferndale Road North within the City of Orono (hereinafter "the City") and legally described as follows: Tract B, Registered Land Survey No. 1031, Hennepin County, Minnesota, according to the files of the Registrar of Titles. (hereinafter "the property"); and WHEREAS, the applicants have submitted an application requesting a variance to Municipal Zoning Code Section 78-1112 and a conditional use permit per Sections 78-1113/14(2b)to permit filling and grading within and within 26'of a City-protected wetland where no such activity is normally allowed; 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 February 17,2004,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 1. This application was reviewed as Zoning File#04-2985. 2. The property is located in the RR-1B Rural Residential Zoning District. Page 1 of 7 0 0 CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL SIIO4�G NO. 5i i 19 3. The Planning Commission reviewed the application for a variance and a conditional use permit at a public hearing held on February 17,2004 and recommended approval by a vote of 5-0 based on the following findings and hardships: A) Applicant requests variance approval for filling of a small portion of a City-protected wetland located mostly within applicant's property but partially within the neighboring property.The fill is intended to allow for the establishment of woody vegetation along the western property boundary.The 2,135 s.f.fill area will convert approximately 10%of the existing wetland from a shallow open water wetland to a wetland with saturated soils.The project also involves excavation of adjacent upland to create new wetland,requiring a conditional use permit. B) The property contains a small wetland which was modified in the 1950's (based on airphoto evidence)by dredging to make it deeper. The wetland since that time has generally had the characteristics of an open water pond. C) As a result of legal vegetation removals by the neighboring property owner to the west,the applicant's view over the pond area has changed,and now he views the neighboring residence rather than a wooded area. Because the far shore of the pond is on the neighboring property,applicant is proposing fill in a portion of the pond just inside his property boundary to create a"berm",which will allow the establishment of wooded vegetation to regain some of the wooded character of the lot and provide a buffer to the neighboring property. D) The applicant has engaged a variety of professionals to design a project that would meet the Wetland Conservation Act(WCA)guidelines for a wetland restoration,No-Loss status. The Minnehaha Creek Watershed District as the designated LGU for Orono has approved the fill and excavation project as a `No-Loss' wetland restoration based on reducing the impacts of wetland excavation that occurred in the 1950's,subject to certain conditions including submittal of a declaration for preservation of the wetland buffer which must be executed and recorded,and subject to ongoing monitoring and reporting of the wetland mitigation project for a five-year period. E) John Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants,has recommended approval of the project, noting that the project will result in an overall improvement to the wetland. Smyth noted Page 2 of 7 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL Si30 NO. 5 1 1 8 that the additional wetland to be created will meet the WCA replacement guidelines,and that this project can be considered as a restoration. Smyth recommended approval conditioned on 1) that the City receive a copy of the executed buffer preservation declaration required by the MCWD,and 2) that the City be provided with the required ongoing monitoring reports. F) The project has been highly refined to meet the WCA guidelines,and has been the subject of much scrutiny by the MCWD staff and consultants as well as aTechnical Evaluation Panel(TEP)consisting of representatives from the MCWD,the Board of Soil and Water Resources (BWSR), and Hennepin County Environmental Services. G) The hardship supporting the variance is that this wetland was altered in the past,and the the project will restore it to a condition more closely resembling its natural state. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff,comments by the applicants 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 variance and conditional use permit would not adversely affect traffic conditions,light,air nor pose a fire hazard or other danger to neighboring property;would not merely serve as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a substantial property right of the applicants;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 variance to Orono Municipal Zoning Code Sections 78-1112 and aconditional use permit perSections 78-1113/14(2b)to permit filling and grading within and within 26'of a City-protected wetland where no such activity is normally allowed, subject to the following conditions: Page 3 of 7 o.�,. 0 0 CITY of 0 ON ti ti RESOLUTION OF THE CITY COUNCIL SII Og�G NO. �� 1 1 - kE 1. Council approval is based on the site grading and wetland restoration plan submitted by the applicants and annotated by City staff,attached to this Resolution as Exhibit A. Any amendments to the plan which are not in conformity with the approved plan will be at the discretion of City staff and may require further Planning Commission and City Council review. 2. The applicant shall provide the City with a copy of the executed buffer preservation declaration required by the MCWD. 3. The applicant shall provide to the City copies of the required ongoing wetland restoration monitoring reports as required by the MCWD. 4. The applicant shall execute the standard Flowage and Conservation Easement over the wetland and its MCWD-required buffers. 5. The applicant and his agents shall comply with all permit requirements of the various agencies having jurisdiction over this wetland. 6. The applicant shall apply for and obtain a land alteration permit from the City prior to commencing the project. 7. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the project within one year of the date of Council approval,or the variance will expire on that date(February 23, 2005). 8. 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. 9. The undersigned applicants have read,understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants'heirs,successors and assigns,hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 7 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ESH�4� NO. 5i 1 !' Adopted by the Orono City Council on this 23rd day of February, 2004. s S 'y1 L , y Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 5 of 7 o , o CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESIi0 NO. STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of V( 1p ,2004 by Barbara A.Peterson,Mayor of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. '!{; r `. Notary Public 1 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this day of L ,UYt1-"1,2004 by Linda S.Vee,City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. . ' RACHEL DODGE C NOTARY PUBLIC-MWNE OTA Notary Public `,�� My Cannbabn Expifes.Ian.31,2005 S Page 6 of 7 0 0 CITY of O711 RONO ti RESOLUTION OF THE CITY COUNCIL Og�G N0. KESS STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 0 day of_ r(1 ,2004 by Thomas C. Cullum, Jr., husband of Michelle A. Cullum. c BARBARA G.SILUS NOTARY PUBLIC-N1NN=SOTA Notary Public Commission Expires Jan.31,2008 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of rc- 2004 by Michelle A. Cullum, wife of Thomas C. Cullum, Jr. { jjt..7 BARBARA G. SILUS 0'aC NOTARY PUBLIC-MINNESO"A Notary Public My Commission Expires Jon.31,2008 Page 7 of 7 ),3j �1 L^ r L7 OFFICE ROF RT REQ ISTRAR� HENNEPIN CONY, MJNNESOT CERTIFIED FILED ON MAY 10 2004 BY4MRIARIF TITLES DEPUTY //,0 �y� • A � oowno3 06, GRADINGPLAN ' _ N j `Lath on line 1 25 Minimum Buffer WD AND PUBLIC VALUE CREDIT !' _4 Property Line MC = ``- AREA 3.39 A C Iirierf: FR i# _ 'ape( _ -Lath on line �e .. . ... .... . ........ .. . : ... ..... .: ALLOW FOR - 15' `il - . .. KJOLHAUG WETLAND BUFFER s' MIN. LENGTH POST .. REFER TO DRAINAGE 17IRU psi / PLAN FOR BUFFER TREATM&VT AT 4' MAX. SPACING BERM. lr GEOTEXTILE FABRIC / FABRIC ANCHORAGE TRENCH. = DIRECTION OF BACKFILL WITH TAMPED ~� NOTE' WETLAND RUNOFF FLOW NATURAL SOIL \ -a' IMPACT CONSTRUCT BERM 15'.t WIDE, Y00 / AREA ...:::_:: � -ZRrA CT B � o TDP ELEVA77ON = 99.0 (APPROXIMATELYs--.I- ^�+ 1 it 0.5 ABOVE WEIZAND ELEVA770N.) MIN Z_ - _ = = . / a .3 PROPOSED WE71AND IMPACT = 2,135 SF 1... SILT FENCE DETAIL TOTAL M/TIGA]]ON AREA-2,135 SF 'n' —Sf'—SF--SF—DENDTEs SILT FENCE 25' BUFFER AREA=5,157 SF 16.5 BUFFER ARE4=6,630 SF TOTAL BUFFER AREA 11,787 SF t ` . 3tF'ine Property Line,�-••• Property Descrlp tion: Tract A Registered Land Survey . No. 1031, Hennepin County, Minnesota, Note: according to the riles of the Registrar of Ptles. 1. Wetlands Delineated by. Kjolhoug Environmental services. 2. The buildings, if any, were not located as part of this survey, — — FIGURE 3 Requested By: I HEREBY CERTIFY THAT THIS PLAN, denotes iron monument found SPECIFICATION, OR REPORT Revised: r WAS PREPARED BY ME OR UNDER Web Site: 11/01/02 KDK Q denotes iron pipe Set °nO,� Tom 1m CUII u 1 1m MY DIRECT SUPERMSION. www.ottoassociates.com AND THAT I AM A DULY LICENSED and marked as- shown: PROFESSIONAL ENGINEER UNDER THE F ' °rr°-x°°62 Date: • Drawn9 West Dtv!$lon St. o denotes - wood loth y: Scale: Checked By: LAWS HE SToATE OF MINNESOTA ju Buffalo,M14 55313 Job NO. SSOCIATES .4727 denotes soil boring 08/14/02 KDK 1 =50 " ' Ph:(763)682Fax:(763)682.3522 Q denotes percolation test hole LICENSE # 19901 Engineers and Land Surveyors, Inc. 1639