The URL can be used to link to this page

Home My WebLink About#02-2834 Recorded ResolutionSCANNED CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 9 ~/ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19, FILE NO. #02-2834 WHEREAS, Robert Wiens and Julie Wiens (hereinafter "the applicants") are the owners of the property located at 1425 Bay Ridge Road within the City of Orono (hereinafter "the City") and legally described as follows: Tracts A, B, Q and R, Registered Land Survey No. 192, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for, a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit in excess of 500 cubic yards of fill to be brought onto subject property for the purpose of constructing a berm along the northern border along North Shore Drive. · 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 November 18, 2002, 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 #02-2834. 2 . The property is located in the LR-1 A Zoning District, where 2 acres is the minimum required lot area. Page 1 of 6 Metro Legal Services Inc. BJX 491 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 8 9 ~f, 3. The Orono Planning Commission reviewed this application on November 18, 2002 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. Approximately 2,000 cubic yards of fill will be brought from off site. B. Grade changes are 5 ' or more from the lot lines . C. The toe of the slope will be at the sewer force main and will have no impact on that main. D . The berm will be of a 3: 1 slope. E. The berm will range in height from 4' to 8' and in width from 20' to 50'. F. The berm will have no negative neighborhood impacts. 5. The City Council finds that granting a conditional use permit 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 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 City Staff, comments by the applicants and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the abo v e findings, the Orono City Council hereby grants a c o nditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit Page 2 of 6 CITY of ORONO; RESOLUTION OF THE CITY COUNCIL NO. ~. t~ 9 $ in excess of 500 cubic yards of fill to be brought onto subject property for the purpose of constructing a berm along the northern border along North shore Drive. Appro v al is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. The applicants must obtain a land alteration permit from the City prior to hauling fill to the site. 3. The applicants must obtain a Minnehaha Creek District ·watershed District erosion control permit prior to commencing the project. 4. Silt fence shall be in place prior to fill or grading activities. Applicants and their contractors shall follow the "Best Management Practices for Protection of Water Quality in Urban Areas." 5 . A route map shall be provided to the City prior to the start of construction showing which county/city streets are to be used. 6. Berm shall have vegetation re-established immediately upon finished grading. 7. Applicants shall be responsible for any necessary public road cleanup immediately upon City request should the need arise due to hauling activity. 8. Authorities granted by this resolution 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 the special conditions of this resolution will expire on that date (November 25, 2003). 9. 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. 10 . The undersigned applicants hav e read, understood and hereby agree to the terms of Page 3 of 6 ST A TE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 489~ Barbara A. Peterson, Mayor The foregoing instrument was acknowledged before me on this 25th day of November, 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 ~~·Z'~:z:e:~::-.»::,.<>,-,.,.,,. ., r \ ALISSA A. WINTERNHEIMER '. NOTARY PU:JLIC -MINNESOTA My Commissioil Ex~::,:;s JJn. 31, 2006 6'"' ncl OQ~ ClUY1 }x.Jt . The foregoing instrument was acknowledged before me on this ~ day of !')lcwefuber, 2002 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. j) ~»?k:; Ee®-?:Z2,l ~c) __ _c_.0_Q Occt-If . r ";!:~:: Rt CHEL DODGE Notary Public l.; ' NOTN,Y :-:u suc_-M:NN::--;~~~(l~ ~ My Com rnl,s;on Expires Jan .~ _-x:,:L-_::;·:::,~~.a.a,; -·-' "' Page 4 of 6 CITY of ORONO; RESOLUTION OF THE CITY COUNCIL NO. 8 ~ %R ST A TE OF MINNESOTA COUNTY OF HE~PIN .. ~ r,11-·' r , ... \ t \ _f ~ I J 1\ t{U l 1 .(J personally On this cz_ day of ~-J-l c u ,2002, U ( 1 )f I L ( A . 1 -P ~ ,S 1 appeared before me, __ who is personally known to me ~ whose identity I proved on the basis of__._J \_,_1...,_~,______,_f)...4-.>al-=----------- --whose identity I proved on the oath/affirmation of ____________ , 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. >,·.. /"·~·\ RACHE L DODGE .· I . NOTARY PUB LIC· MINNEnOTA , My Commission Expires Jan. 31 . 2005 '',r -·~~~ ... ,<,>;•*"&:c:&:"..:k ~d:' ~. \ STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public Dcol¥'= On this j #. day of Lec.11.1'4-~tr ' 2002, ~1 u l ; L A . Cu; e n 'S ) (hu.11--;· u:,(~ersonally appeared before me, __ who is personally known to me _JL whose identity I proved on the basis of_L,_!.._.).J..., __ 1_b...:c< --=(_=----------- --whose identity I proved on the oath/affirmation of , 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 DENISE M. LESKINEN NOTARY PUBLIC· MINNESOTA ~. My Commission ExpireS Jan. 31, 2005 Page 5 of 6 \ . ···-! .. -~ I() 0 z 0 <( 0 0:: >-.... z ::, 0 u z z w I ! ii i ' I I I :! ti ' i ··~ Exhibit A , . mllC!: ·······~-Mt.fr-"':..,.iJW~.:.:7.=,~ rlf&i2~:ii2£i?.&Ai1:!@~.Jf=,.."'"'""' Page 6 of 6 ... h ~ - N"~ l ;1~ 1 =~a ;;ij; ft~! ~/;&, 4 ' ( ' t \ " l ( 'i l ( \ 3r ··--.·~ 1.-17 0' i'< ----:c ~ (l} ~ 0 -< Oz 3) ~ ~ mrg o p' "T1 :oz m \J(j' rr1 =\.,oo '\ ~1~ co :I.! 0 ,, '"t1 ~ c..; I rnc-1m -I . ~ Oz- ~ -;x; ·~ c,, ~~~;ffl ..... ~ > ~ "'1 :0 ' "-> ~ "'1 i~ a, rn ~ -s Oz ~ ..;:., z -i Om ~ .~, zcn -J ~ Q i r ..---~ m ,.., """""D _s