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Home My WebLink AboutResolution 4513 ,I^ � / O . • � � �� O O ��b. - CITY of ORONO � � ti �,� G'� � RESOLUTION OF THE CITY COUNCIL ��kESH.�4�' � NO. � � � � A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION S AND A . CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19-21 FILE NO. 2603 WHEREAS, James R. Renckens and Debra A. Renckens, (hereinafter "the applicants")are the owners of the property located at 3020 Watertown Road within the City of Orono (hereinafter "the City") and legally described as follows: That part of the South 1170 feet,as measu�ed along:the west line thereof,of the West Halfof the Southwest Quarter of Section 33, Township 118,Range 23 West of the 5`''Principal Meridian,lying east of the West 869 feet,thereof,as measured along the � south line thereof, Hennepin County, Minnesota(hereinafter "the property"); and � WHEREAS, the applicants have applied to the City to permit the removal of � approYimately 1600 yards of fill from a 0.7 acre City of Orono protected wetland to create a wildlife habitat pond requiring a variance to Municipal Code Section 10.55, Subdivision 8 and conditional use permit per Section 10.03, Subdivision 19-21. � WHEREAS, after due published notice and mailed notice in accor�ance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning � Commission held a public hearing on August 21,2000,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 � l. This application was reviewed as Zoning File#2603. 2. This property is located in the RR-1B Zoning District,where 2 acre or 87,120 s.f. is the minimum lot area. The properry consists of approYimately 11.325 acres or 515,088 s.£ • Page 1 of 5 . : :� /� ` 7 O� • O O. ��6. - � CITY of 4RON0 � � '�' RESOLUTION OF THE CITY COUNCIL ��`9kE p4�'G • NO. 4 Q� � � . �_SH 3. The Orono Planning Commission reviewed this application on August 21,2000 and recommended approval by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The excavation of fill and creation of an open water wildlife pond will result . in an improved or upgraded wetland providing greater surface runoff detention and habitat for wildlife. B. Approximately 1600 yards of fill will be removed from the existing wetland creating approximately 16,000 s.f. of surface area. C. Fill removed from the existing wetland will remain on the properry. • 5. � 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 zonina district; that granting the variance would not adversely affect traffic conditions, light, air, nor ppse a fire � hazard or other danger to neighboring properry; 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 properly right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and , � Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow creation of a wildlife habitat pond would not to 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 it depreciate surrounding property values and that the proposed level of use of the property will be iri keeping with the intent and objectives 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 Plaruzing Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. • Page 2 of 5 E , , i . /7 O� • O O ��,. � CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��.kE p4�'G � NO. � � 5 � � SII � CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Municipal Code Section 10.55, Subdivision 8 and conditional use permit per Municipal Code Section 10.03, Subdivision 19-21 to permit the creation of a wildlife habitat pond. Approval is subject to the following conditions: . 1. Applicant shall abide by all conditions set forth in the MCWD Permit 00-139 approved 5/11/00 . 2. Applicandowner shall be responsible for maintaining adequate erosion control � until ground cover is restored to entire disturbed area. • 3. The excavation of the pond will have no impact on drainage of adjacent • properties. 4. Applicant's contractor shall complete final approved grades of the banks at 10:1 slope. � 5. A flowage and conservation easement be granted to the City over the wetland. 6. Authorities granted by the variance and conditional use permit run with the properry not with the applicants, but are permissive only and must be exercised by application for a permit within one year of the date of Council approval, � or the variance will expire on that date (August 28, 2001). 7. Violation of or non-compliance with any of the terms and conditions of the • variance and conditional use permit shall constitute a violation of the zoning code, f shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � 8. The undersigned applicants have read, understood 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 properry. • ' Page 3 of 5 • • t`. . i� /� �11�' ! O O ��e. - C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL . ��kESII04� NO. � � .� � ' . . Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of August, 2000. ATTEST: . � , � . Linda S. Vee, City Clerk Gabr 1 Jabbour, Mayo i � a.°.�.".— �j• � Property Owner(s) � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of August, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �sssp� ' - t�Di N.SIURMAN ��'�� Notary Public My Coam�etbn Exphs Jan.31,2005 • Page 4 of 5 � . . .. �O . � ' V � O O ��b. - � CITY of ORONO � � . �� '� RESOLUTION OF THE CITY COUNCIL � . �`9k'ESII04� NO. 4 � 13 STATE OF MINNESOTA ) • ) ss. COUNTY OF HENNEPIN ) On this �9'� day of , 2000, before me a Notary P blic within and for said County,personally appeared D�ebra. A.R�I�►-�s , /)')Q.�-rie known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �r�.s�ru� /c��y � 11CRAf'�►MJet�IC'� Notary Public I�Coa�bnExpws STATE OF MINNESOTA ) ' • ) ss. COUNTY OF HENNEPIN ) On tHis �� day of , 2000,before me a Notary Public within and for said County, persona ly appeared , h��cQ known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their)free act an deed. � HEtD1 M.STURMAN Notary Public aot�air�u�c•�"� I�ycam�� . • . Page 5 of 5