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Home My WebLink About#2216 Recorded ResolutionCITY of ORONO RESOLUTION OF THE CITY COUNCIL a 112 NO.------- A RESOLUTI ON GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2116 WHEREAS, John G . Walstedt and Lynn W . Walstedt. husband and wi fe . (hereinafter the "applicants") are the owners of the property located at 3470 Bays ide Road within the City of Orono (hereinafter "City") and legall y described as : Lot 23 , AuditOi's Subdivision N o. 203 , Hennepin County , Minnesota and Outlot A, Bayside Beach (hereinafter ''property "); and WHEREAS, the applicants have applied to the City for a conditional use permit to per mit the filling of approximately 600 cubic y ards of fill and for land alterations involving approximatel y 1,000 cubic yards of earth per Municipal Zoning Code Section 10 .03 , Subdivision 19 that cannot be authorized under a building permit for new construction . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono , Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2116 . 2. The property is located in the LR-1 A. Lakeshore Residential Zonin g District requiring two acres in area. The property consists of two-plus a cres . 3. On March 18. 1996 , the Orono Planning Commission reviewed the application and recommended approval of the application as proposed base d on th e following findings : a . The placing of 600 cubic yards of fill resulting from excavations for new construc!ion on the property cannot be authorized under the authority of the building permit nor can the filling be authorized under a staff-issued land alteration permit because the filling activities exce ed 100 cubic yards . Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 712 NO. b. The changes in elevations on this property will have no impact on the current drainage pattern of the area nor on adjacent properties. c. The property presentl y drains west to a low area near Bederwood Drive . d . Approximatel y one acre of surface runoff or drainage will now be redirected to the south or Bay side Road. e. Shawn Gustafson in his report of March 12 , 1996 reports that the grading plan appears acceptable from an engineering standpoint and that the grades along the west where the drainageway is located are acceptable . f. Hennepin County shall review and approve the grading plans and shall make recommendations if applicant shall be responsible for making improvements within the County right-of-way to maintain the additional runoff to be received as a result of these improvements. 4. The City Council finds that granting a conditional use permit to allow the filling of approximatel y 600 cubic yards and changes in elevations involving total land alterations exceeding 1,000 cubic yards of earth movement will not be detrimental to the health, safety or general welfare of the public, would not adversel y 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. 5 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community . Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 ! 2 CONCLUSIONS , ORDER Al\'D CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10 .03 , Subdivision 19 to permit the filling of approximately 600 cubic yards to the north or rear yard of the property and additional land alterations to the west side of the house defining a new drainag eway , subject to the following conditions : 1. All land alterations have been approved per plans by R. H. of Hauck Landscape Development dated February 21 , 1996 and as amended by Shawn Gustafson's report of March 12 , 1996 . 2. Prior to the issuance of a land alteration permit by the City, applicants' contractor shall arrange for a site inspection with the Orono staff and Hennepin County Department of Transportation to determine the need for ditch cleaning or any other improv ement required to maintain additional runoff. 3. Erosion control shall be in place at the west property line near the lower area and in front of the house prior to any land alterations in order to protect the lake. 4. Applicant shall install sod within sensitive areas on the west and to the south of the residence in order to minimize potential of erosion. 5. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit \Vithin one y ear of the date of Council approval or the special conditions of this resolution will expire on that date (April 8 , 1997). 6. 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 an y authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 7 ~-2 7 . The undersigned owners have read , understood and hereby agree to the terrns 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. Adopted by the Orono City Council on this 8th day of April , 1996 . J f ~{/ )~· /}/ I -,. I -J.-~ .. tf .'. -{ Jl/. /_ .,J :/-i l ~ ; I I , /'' /' • I , .. · ST A TE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April , 1996 b y Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono , a Minnesota municipal corporation and said instrument was executed on behalf of the City. /--. ~ ~ I ' 1 , \ a,tr{e_, (r. /~~--n~ =- CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31 , 2noo Notary Public Page 4 of 5 STA TE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF T,..t-:f E CITY COUNCIL NO. 3 l 12 On this i-i_-i ! • day of /J .-r i , 199 e:-before me a Notary Publicwithinandforsaidcounty,personallyappeared .T/,0 1.'. h '../.-r .,,,/7 ,n.·, ,-, .,,r/ j . i 1 ,,,, 1i.· ~1,G'/.-,7,,,/-t known to me to be the person(s ) described in and who executed th e foregoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed. NOT ARY PUBLIC STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this_ -~t·-t-h day of I · /7 , 199(:. before me a Notary Public within and for said county, personally appeared i "'-f e ( r- L t1 n C. hlr1 I s te Jr known to me to be the erson(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A HASEMAN NOTARY PUBLIC-MINNESOTA M ~EN.NEPIN COUNTY Y Comm,ss,on Expires Jan . 31 , 2noo Page 5 of 5 STATE OF 11INNESOTA ) ) COUNTY OF HEi'fflEPIN ) ) CITY OF ORONO ) RESOLUTION# 8 7 12 I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on April 8 , 19...2...§_, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 9th -------day of April , 1996 -- (SEAL) ·. 2734362 · ~VGI. c3)1 1d-••• 03~]0 <C OPY Off!CE OF THE REGISTRAA) OF TITLES KENNEP!N COUNTY. MINNESOlI] CERTIFIED FILED ON AU G 1 5 1996 LJr': /-.: I! 17} ;t ~ ... ~~~....;. q :C¥\.__ REGISTRAR OF TITLES ait __ _ DfeUnt fl I/. drti 0)« 1 Se,,,. '-" s ,NL..-c_