HomeMy WebLinkAbout1987-07-13 Resolution 221617 - ly of ORONO
--,=_�,OLUTION OF THE CITY COUNCIL
NO. 2216
A R$30LUTION GRANTING
A COtVolTIONAL USE PERMIT
PER r"IMICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19 i 20
FILE #1154
WHEREAS, Paul Vitko (hereinafter "the applicant") is the owner of
the property located at 80 Cygnet Place within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 4, Block 2, Swan Lake Addition, Hennepin County, Minnesota
(hereinafter "property"); and
WHEREAS, the applicant has applied to the City of Orono for a
Conditional Use Permit to permit filling in of a pond area requiring in
excess of 100 cubic yards of material per Municipal Zoning Code Section
10.03, Subdivision 19 & 20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1154.
2. The property is located in the LR-lB Single Family Lakeshore
Residential Zoning District.
3. On June 15, 1987, the Orono Planning Commission reviewed the
application as proposed and recommended approval making the following
findings:
A) The pond was created in approximately 1972 and is a man-made
excavation of area 201x601x6' deep.
B) The pond is on relatively high ground and is not a designated
wetland area.
C) The pond is currently dry and with very steep banks and a
depth of 61, is a potential safety hazard to children playing in
the area.
D) A similar pond on propez,.y :..ocated at 60 Cygnet Place
currently has an overflow pipe which drains into applicant's
pond. Filling of applicant's pond will necessitate appropriate
site grading to transport the neighbors' pond overflow across
applicant's property to the park lot adjacent to applicant's
southerly property line.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2215
E) Filling of the applicant's pond will require approximately
450 cubic yards of fill.
F ) Filling of the pond will have a beneficial effect on the
safety of neighborhood children.
4. Applicant has received approval from the Public Works Coordinator
to transport the necessary fill across the park lot to avoid
disturbing his septic system, subject to Council approval.
5. The City Council has considered this application including the
findings and recommendations 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.
6. The City Council finds that granting a Conditional Use Permit to
allow the proposed filling of the pond area with 450 cubic yards of
fill will not be detrimental to the health, safety or general welfare
of the public, would not adversely affect light, air nor pose a fire
hazari 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grant-s a Conditional Use Permit per Municipal Zoning Code
Section 10.03, Subdivision 19 & 20 to permit fill in the amount of
appoximately 450 cubic yards to be placed within the pond area, subject to
the '.lowing conditions:
1. Applicant shall, as part of the final grading of the fill, create
a swale within the 10' drainage easement along the rear of the
property, at an elevation and slope that will transport any overflow
from the existing pond connection pipe from 60 Cygnet Place, to the
south end of applicant's property, where such overflow will then flow
naturally across the park lot to the creek.
2. Permission to cross City property known as Cygnet Park adjacent t�,
80 cygnet Place is granted subject to the following conditions:
a) Entrance and exit to City property at one location as agreed
upon by applicant and Public works Coordinator.
b) No trees, shrubs, bushes, etc. will be damaged or removed.
Page 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2216
c) Permission will be for 90 days from the time the first load
of fill is brought in, but no fill may be brought in after
October 13, 1987.
d) Inspection of the area to be conducted by applicant and
Public Works Coordinator upon completion of project.
e) If during the course of the project it is determined by the
Public Works Coordinator or City representative that conditions
of permit are not being followed, this permit upon verbal or
written notice to applicant will be null and void.
3. A General Improvement Project Agreement shall be executed by the
applicant, including such security as may be deemed necessary by the
Public Works Coordinator to ensure restoration of park property if
damage, and creation of the required swale across the draina5:,
easement.
4. Violation of or non-compliance with any of the terms and condi-
tions 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.
5. The undersigned 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.
/ ,
ATJES T :
Adopted by the Orono City Council on this 13th day of July, 1987.
0 othy alli C'ty Clerk
'7'r A
Property Owner(s)
JCk
Ja es R. Gra e , Mayo
Page 3 of 4
City of ORRONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
C n this
before me a Notary Publ
appeared anu l' , b
RESOLUTION OF THE CITY COUNCIL
NO
2216
day of 'Oug I S f- , 1987
c within and for said county, personally
known to me to be the person(s) aescribea in ana wno executea the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
r
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
MY COMMISSION EXPIRES
On this day of AUS f , 1982, before me
a ntary Publi� /wit in and for saidCounty, personally appeared
A / /� ,yi y known to me to be the
persons) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
07M
L MAASp!j1g MN C�"YTA _
MY COMMISSION EXPIRES
Page 4 of 4