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Home My WebLink AboutResolution 4857CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 51 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 02-2819 \VHEREAS, Timothy Devries and Gayle Devries, (hereinafter "the applicants") are owners of the property located at 2180 Abingdon Way within the City of Orono (hereinafter "the City") and legally described as follows: Lot 6, Block 1, Abingdon Glen, Hennepin County, Minnesota (hereinafter "the property"); and \VHEREAS, the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration of 1,040 cubic yards of fill to be moved, approximately 120 cubic yards of which will be trucked from the property to another location, approximately 500 cubic yards will be trucked to the property located at 2150 Abingdon \Vay, and the remaining 420 cubic yards will be used as a base fill for construction of a tennis court; 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 August 19, 2002, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NO\V, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #02-2819. 2. The property is located in the RR-lB, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 19, 2002 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. Land alteration greater than 500 cubic yards is a conditional use in all districts. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 5 7 B. The applicants have requested land alteration totaling 1,040 cubic yards, of which 120 cubic yards will be trucked from the property to another location, 500 cubic yards will be trucked to the property located at 2150 Abingdon Way, and the remaining 420 cubic yards will be used as a base fill for construction of a tennis court. C. The fill trucked to Lot 5 (2150 Abingdon Way) will be used to correct grade irregularities, cover small stumps and debris, and to eliminate an 18-inch difference in grade from the existing driveway on Lot 6 to Lot 5. D. This property is not within the MUSA and the City does not intend to bring municipal sewer to this area. Maintenance of septic system options is critical. A fence to protect the sites on Lot 5 should be constructed prior to fill moving, and while no storage or trucking is intended to occur beyond the fence. E. The proposed grading and land alteration as proposed is entirely outside the defined wetland areas and outside the 26' wetland buffer. F. The proposed tennis court meets all required setbacks to property lines and wetland buffer areas. 5. The City Council finds that granting a conditional use permit to permit 1,040 cubic yards of fill will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use 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. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration of 1,040 cubic yards subject to the following conditions: Page 2 of 5 CITY of ORONO RESOLUTION OF THE crrv COUNCIL NO. 4 8 5 '1/ 1. Property owner shall obtain a land alteration permit from the City prior to commencing any grading. The MCWD shall issue an erosion control permit prior to the City issuing a land alteration permit. 2. Temporary fencing shall be installed around the drainfield sites to provide 50' of buffer between those sites and placement of fill on Lot 5, Block 1, Abingdon Glen for some measure of future flexibility in septic site location should the existing tested sites be disturbed or found to not be usable. 3. Heavy duty silt fence and other protective measures such as signage shall be installed around the portion of Lot 5 where fill will be deposited, and around the portions of the property on Lot 6 to protect the wetland and wetland buffer zone. 4. The delineated non-City protected wetlands on the survey shall be documented via a notification to be filed in the chain of title. The wetland delineation will be kept on file for this property for future reference. 5. The grading plan must be revised to eliminate any fill within 26' of the delineated wetlands. 6. Property owner shall be advised that the Orono Zoning Ordinance requires lighting in all instances to be diffused or directed away from property lines in R Districts. Directing light to the west, towards the house, is encouraged to protect the properties to the west from light sources for the tennis court/ice rink. Light use is encouraged only while the tennis court/ice rink in is use. 7. Authorities granted by the conditional use permit run with the property not with the applicants, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval, or this conditional use permit will expire on that date (August 26, 2003). 8. Violation of or non-compliance with any of the terms and conditions of the conditional use permit approval 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 owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ·4'ss~ NO. ----'-=--=--((,.,__.;___ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 26th day of August, 2002. ATTEST: Linda S. Vee, City Clerk ~-PropertyO\: STATE OF MINNESOTA COUNTY OF HENNEPIN ~ Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 26th day of August, 2002 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Not KRISTI 8. ANDERSON NOTARY PU8UC-M1NNESOTA The foregoing instrument was acknowledged before me on this ,.,,-) (/I J... J day of Y\ U-ZLlA ;f. , 200 0 (1--·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. ~1 _ . . . RACHEL O??C · '~'. f2') .:i:~:;:~:;~ "' ,:-,Ji -.-·:;;..:_. ~<; ;:::~~:....,.,;.;. .... --'._. -Notary Public Page 4 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 5 ":I On this )J day of c;J(p"te.mh-Q/\, 20 o·~---·T-i; mc>I h'J Dev r '1 es ; J(Vk:'",t v·A e c __ personally appeared before me, who is personally known to me _v ___ whose identity I proved on the basis of /VIN ()L --whose identity I proved on the oath/affirmation _______ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. ii ~ RACHEL DODGE 0 ( > J NOTARY PUBLIC· MIIJCJTA : ~ · ! My Commi5$ion Expires J,w, '. ·, ·" f?- L~:: ........ :..:.:...:·--=·-. ~-.:.~:·:::::r,:,,:=22~-~::--· .-·· STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public On this ?-7-J;;:y of Sc pto_ m l".]Qll' 20 D~ 0-~ CL y / e oe Vy j < s __ personally appeared before me, who is personally known to me -v-.,. -whose identity I proved on the basis of rnN DI. __ whose identity I proved on the oath/affirmation _______ _, a credible witness and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. Notary Public Page 5 of 5