The URL can be used to link to this page

Home My WebLink AboutResolution 4844 �.:�f �. � ,.. � O`V • O �. O . - �. � CITY of ORONO . � �-- � � .., � �,� �j'�' RESOLUTION OF THE CITY COUNCIL ��kESfl�g'� � NO. `� $ � � � A RESOLUTION GRANTING AN AFTER-THE-FACT VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND AN AFTER THE FACT CONDITIONAL USE PERMIT TO SECTION 10.03, SUBDIVISION 19-21 . . FILE NO. 02-2793 • WHEREAS, Revis Stephenson III and Meghan Stephenson, (hereinafter "the applicants") are owners of the property located at 1850 Fox Ridge Road within the City of Orono (hereinafter "the City") and legally described as follows: Lot 4,Block 1,Fox Ridge,Hennepin County,Minnesota(hereinafter"the property"); � and • � WHEREAS, during routine inspections of the property it was determined that the amount of fill placed on the hillside exceeds what was allowed by a Conditional Use Permit that was granted by the Ciry of Orono to permit 3,280 cubic yards of fill on the property. A new survey completed by Gronberg and Associates, dated 6-6-02, confirmed the land alteration not only encroached beyond the project area,but is beyond the property lines onto two adjacent properties. Areas were also identified where fill had been added within 26' of the protected wetland. The property owners were sent a notice on May 2, 2002 ordering corrections to the property. Staff initially requested corrections last winter and spring,but due to road restrictions and the mild winter trucks to transport the fill from the property were not allowed to legally use Fox Ridge Road.�A May 16, 2002 deadline was established to correct the problem. Mr. Stephenson contacted Staff and requested the opportunity to apply for after-the-fact permits rather than correct the problem at that time; and . WHEREAS,the applicants applied for an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of beyond the 3,280 s.f. of material that was approved in 2001 and an after-the-fact variance to permit land alteration within 26' of the wetland; 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 June 17, 2002 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. � Page 1 of 8 , , � O� ' • O O '� C ITY of ORONO . � . � ---,�:.. ti ti RESOLUTION OF THE CITY COUNCIL �L`9kESf1�4�G NO. � � � � ' NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#02-2793. 2. The property is located in the RR-1B, Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on June 17, 2002 and recommended denial by a vote of 6 to 0. 4. The Planning Commission made the following findings.of fact: A. In November,2001 the Council approved a Conditional Use Pernut for land . alteration on the property over�500 cubic'yards. The project required clear- . cutting the slope and depositing of 3,280 cubic yards of fill. The purpose was to create a gradual slope.rather than the existing steep drop from the immediate back yard of the.house. R B. The Planning Commission recommended denial of the application to permit an after-the-fact variance and conditional use pernut for land alteration within 26' of the wetland,the denial includes any alteration beyond the previously approved elevations. C. The slopes on the property did not meet the general recommendation of 3:1. D. No recommendation was provided regarding the land alteration over the property lines and on the neighboring properties. This resulted from the information that was provided regarding the legality of the application. E. There was no clear indication that the application was legal since there was ' new information that had been discussed by the Planning Commission that they may have to review the issue of land alteration on adjacent properties as separate permits. No recommendation was considered that included any land � alteration in regards to the adjacent properties. • Page 2 of 8 � °� • o � � - a..� ♦ C ITY of ORONO � • ��,yf%.�. I ' . � ti RESOLUTION OF THE CITY COUNCIL �L� o4�G No. 4 � 4 4 kESi3 5. The City Council reviewed this item and has made the following findings of fact: A. A revised wetland delineation was submitted by Ronald P.Peterson,Peterson Environmental that indicated the actual wetland boundary that had been conducted in December 2001,under winter conditions,was not accurate. Mr. Peterson indicated the previous delineation report referred to snow cover conditions that obscured much of the herbaceous vegetation. � B. The Planning Commission had reviewed a plan that indicated a very substantial violation of the wetland buffer had occurred. C. The new delineation report completed by Peterson Environmental moves the actual delineation line further to the east resulting in a total impact to the wetland buffer azea of only 300 s.f. The encroachment is only in the center of � the property. • . � D. The hillside has been completely seeded with native grasses to prevent erosion. The grasses have been successfully established and the wetland buffer area has also had natural revegetation occur. Any regrading on the �property would require removal of established vegetation. E. The Planning Commission had been given information that the application to permit fill on the adjacent properties had not been applied for and new applications would be required to be submitted. Mr. Thomas Barrett, City Attorney,has reviewed the application and has determined the application is legal as presented. That determination is based on the fact that the adjacent property owners did not do the land alteration and were not aware that the work had occurred on their properties until after the alteration had occurred. � The conclusion is the adjacent property owners are not required to obtain permits. However, the adjacent property owners' after-the-fact consent is . vital to the request. F. The City of Orono has received written documentation that both adjacent property owners consent to the changes on their properties. G. The Council has requested, in order to ensure the new slope has adequate erosion control in place, that a full landscaping plan be incorporated. The • property owners have planted 21 trees since the grading was completed. An additional 12 trees have been proposed to be added to the hillside. Page 3 of 8 � °� • o . � '� � CITY of ORONO - 1 . . � i, � '`�•i. . � . � � ��L �G'�' RESOLUTION OF TH�E CITY COUNCIL `9kEsYiOg' NO. � � � Accompanying the new trees is a series of shrubs to replace a patch of garlic mustard. Garlic mustard is listed as a prohibited noxious weed in Minnesota. H. The remainder of the buffer areas did not have much under story growth prior to the land alteration project due primarily to the box elder trees and buck . thorn (another noxious plant in Minnesota) that had completely formed a canopy over the buffer area. Mr.Peterson has indicated on the wetland fringe of the buffer native wetland plants (such as lake sedge and blue flag) have started to establish in the remainder of the buffer area so seeding is not necessary in those areas. I. According to the recent site topography that was completed by Gronberg and Associates (dated June 6, 2002), the slopes do not meet the generally recommended 3:1 slope. The additional plantings and successful establishment of trees and ground vegetation will act as further mitigating . factors for long and short term erosion control. . � J. Short term monitoring of the site should•be conducted to ensure the vegetation and grasses continue to thrive and signs of erosion are not occurring on the site. K. With new site developments,the Orono Subdivision Ordinance requires trees planted with a 2"diameter measured 12"from the base of the tree. L. The Zoning Ordinance does not require replanting of trees because this is not a subdivision. The trees that had previously been located on this property aze not protected. The applicants have agreed to provide more trees for erosion control to provide some screening to the hillside to neighboring properties. 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, 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. � " i � � Page 4 of 8 � °� . • o �, � S. ^ C ITY of ORON4 � ' � �::�� ti ti RESOLUTION OF THE CITY COUNCIL ��kEs8�4�G � NO. � � � � . 6. 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 variances will 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. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff, comments of the applicants and adjacent property owners and their agents, 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 grants an after-the-fact conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of beyond the 3,280 s.f.of material that was approved in 2001 and an after-the-fact variance to permit land alteration within 26' of the wetland, subject to the following conditions: � 1. Applicant has provided a planting schedule and plan indicating proposed species types and planting locations for 33 trees to replace the vegetative tree cover that was removed by the applicant. Two additional trees shall be added to the plan to result in a total of 35 replacement trees. These two additional trees shall be sugar maple,the predominant species � in the surviving woodlands south of applicant's deforestation.These 2 sugar maples shall be located near the center of the property. 2. Applicant has planted 21 of the 35 required trees prior to this approval resolution. The City Council has received comments from one adjacent owner with regards to the proposed planting schedule and plan,and will accept comments from other adjacent owners who are � affected by the proposed plan,prior to planting of the remaining 14 trees. The City and its consultants shall also review and approve the species of and placement of the required 14 • additional trees prior to planting. Page 5 of 8 � °� • � ��3 ° �.. C ITY o� ORON4 � � �:,�-�� ti - ti RESOLUTION OF T E CITY COUNCIL �L�.FfE pg'�G NO. � � � � SI3 3. Each of the 14 trees remaining to be planted shall have a minimum trunk caliper of 2 inches as measured 12"above the ground level. The remaining 14 trees to be planted shall be located such that the average separation between trees is in the range of approximately 15- 20' more-or-less, dependent on species types and the recommendation of City consultants. 4. Applicant shall have the composition of fill soils analyzed and provide soil amendments as necessary to insure survivability of all trees planted. � 5. Because the City is not requiring applicant to cut back the hill from the current condition, applicant shall confirm that the 4 inches of topsoil required under the November 2001 CUP has been placed, and in the event it has not, applicant shall place said topsoil as required. 6. The City of Orono shall reserve the right to inspect the property for the first three years following this approval to ensure the successful establishment of all vegetation and to ensure � erosion is not occuning on the hillside. • � 7. Applicant in accepting and signing this approval resolution agrees to the following terms: � (a) Applicant hereby grants the City right of entry and the right to perform the landscape work in accordance with the.approved plan if applicant fails to perform the work within 60 days of issuance of the permit; (b) Applicant agrees to replace any of the 35 trees in the approved plan that does not survive one year after planting; (c) Applicant agrees to replace any trees that die within three years of planting if more than 10% of the trees planted die during that three-year period. (d) Applicant hereby grants the City right of entry for the purpose of monitoring the survival of•trees,to monitor the establishment of all vegetation and ensure erosion is not occurring on the hillside; and for the purpose of replacing trees should the applicant fail to act per the above conditions. 8. Applicant shall provide security in the amount of$5,000 in the form of a letter of credit or in some other form suitable to the City to guarantee that the conditions of this approval are � carried out and to provide funding to allow the City to complete the work if the applicant fails to perform. The security shall remain in effect for 3 yeazs commencing with the date • this resolution is signed by the applicant. Page 6 of 8 . � � O� • O �, O - �� CITY of ORONO � � � -�.;... � , ti �.�� '�' RESOLUTION OF TH�E�CITY COUNCIL `9kESfI04 NO. � � . 9. Authorities granted by the conditional use permit and variance run with the property not with the applicants, but are pernussive 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 12,2003). 10. 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. 11. 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. �. . _ _ _ . . ., . � - ► Adopted by the City CouriciT ofthe City of Orono, Minnesota at a regular meeting held on the 12th day of August, 2002. . • � � � ATTEST: • � � 6� � �� , � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor roperty Owners STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 12th day of August,2001 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � KRISTI B.ANDERSON . NOTpRy pUBLIC.MINI�SOTA My Canrnbsion E�U'es Jan.31,2007 Not � � � .�.c��..�,,.b�. Page 7 of 8 . . . . � O� • O O ' CITY of ORONO � ,� , ,.. � - �'� I ��J G�'� RESOLUTION OF THE CITY COUNCIL ��kE580g'� � � N O. � � �� STATE OF MINNESOTA � COUNTY OF HENNEPIN The foregoing inshvment was acknowledged before me on this �_ day of �2..(-��(�bev' ,200� 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. STATE OF MINNESOTA 1CGcPdISE M.LESKINEN COUNTY OF HENNEPIN Nora��r�u�c-Mit�s�� My Corta�ssion Exphes Jan.31,2b05 On this�day of ` , Q ,2062, �CUI� �'?'�,ohenSOn.ZZZ �ta�r;e�Q personally appeared before ine, . � . . � � � �vho is personally known to me . � . �hose identity I proved on the basis of (�►v DL � 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 STATE OF MINNESOTA �=��i5�M.LESKINEN COUNTY OF HENNEPIN NOTARY PUBLIC-MINNESQTA . � hCy Comm�c;i:i Expires Jan.31,20Q5 Onthis I�dayof �ar�l� ,20 c�3, �-'i'V�e�u L,� �, S��otiz�,so� �'hCr�,`�.��/ personally appeazed before me, , �vho is personally known to me ,/ �vhose identity I proved on the basis of 1� 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. s � � ��, � �� UNDA S.VEE Notary Public ,.`-�' HCTARY Pl1BLIC•�SO7A rt, }'Y l�lir Co�nrt1111i0n E�t�31,2005 ° `;":: Page 8 of 8