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Home My WebLink AboutResolution 4476 , ; . . ; � O �� O O ' ��,. - CITY of ORONO � � . ti ' �'� �,'ti RESOWTION OF THE CITY COUNCIL �`�kEsxo4� . rvo. 4 � ��_ A RESOLUTION GRANTING AN AFTER THE FACT CONDITIONAL U5E PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19-21 FILE #2569 WHEREAS, William Waldron and Craigbank Associates, (hereinafter "the applicants") are owners of the properties located at 1880 Fox Street and 2700 Fox Street within � the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, Waldron Addition also that part of south 1/2 of northwest 1/4 of southeast 1/4 lying westerly of Waldron Addition except roads, Hennepin County, Minnesota (hereinafter "property") � and The northeast quarter of the southeast quarter of Section 3, Township 117 North, Range 23 West of the Sth principal meridian, Hennepin County, Minnesota (hereinafter "Property"); and WHEREAS,the applicants have applied to the City for an after the fact conditional use permit to permit excavation of greater than 500 cubic yards for a pond construction within a � non-Orono protected wetland per Section 10.03, Subdivisions 19-21. 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 Cornrnission held a public hearing on May 15,2000 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � Page 1 of 7 � . � , - � O� � • O O ��b. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL �9kESH.�4�' � NO. ..� 4� `� �� l. This application was reviewed as Zoning File #2569. , 2. The properties are located in the RR-1B Zoning District. , 3. A small open water pond did exist prior to the expansion. It is not clear whether the pond was natural or was dredged. The pond was located at the south end of a non-Orono wetland. In 1974 the City of Orono defined certain wetlands that were primarily Types 3, 4, 5 and 6 as protected. Those wetlands identified by the City of Orono are protected and no land alteration is permitted within the wetland and � the 26' around the wetland. Expansion of the pond occuned in a wetland that the City has not identified as protected. No variance is required for the expansion. 4. City of Orono Staff observed on February 14, 2000 that excavation had occurred on properties located at 1880 Fox Street and 1700 Fox Street for construction of pond without obtaining pemuts from the City of Orono. • 5. The Planning Commission reviewed the conditional use permit request and recommended approval by a vote of 5 to 0 based on the following fmdings: A. The pond has not added any fill or decreased the storage capacity of the wetland. B. The applicants will enter into an agreement to ensure full restoration of natural vegetation around the pond. The property owners have agreed to grant a conservation and flowage easement over the entire wetland area, to . include the pond. C. The proposed conditional use is in accordance with all other provisions of the Municipal Code. � D. All excavated material was removed from the property at the time of construction. 6. The City Council fmds that granting a conditional use pernut to permit excavation � of greater than 500 cubic yards for a pond construction within a non-Orono • Page 2 of 7 � : �_ � O ' v • O O •b. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL ��9IfE p4��'G NO. A � � �"� �Sx . protected wetland per Section 10.03, Subdivisions 19-21 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 properry will be in 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 fmdings and � recommendations of the Planning Commission, reports by staff and comments of the applicant 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 fmdings, the Orono City Council hereby • grants an after the fact conditional use pemut per Municipal Zoning Code Section 10.03, Subdivisions 19-21, to permit excavation of greater than 500 cubic yards for construction of a pond, subject to the following conditions: 1. Pond shall remain as shown on the survey dated March 17, 2000. A copy is , attached to this resolution as Exhibit A. 2. A protective covenant shall be filed in the chain of title of the affected properties as an advisory to property owners the wetland is subject to WCA regulation. 3. . .A final as built survey, indicating finished elevations of the pond, shall be submitted to the City and accepted by the City Engineer. � 4. Applicants shall provide verification of a MCWD permit that has been approved for the pond construction. 5. A Conservation and Flowage Easement granted over the protected area to ensure restoration of natural vegetation. • Page 3 of 7 ; � � 1 � /� �11�' • � � ��6. - CITY of ORONO . � ti '�' RESOLUTION OF THE CITY COUNCIL ��`9kE p4��'G N O. `4 � '�' � SH 6. Authorities granted by this resolution 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 (June 12, 2001). 7. 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. 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. � Adopted by the Orono City Council on this 12th day of June, 2000. ATTEST: � G2�� / � �. Linda S. Vee; City Clerk Gabr 1 Jabbour, Mayo . Prope wner(s N ♦ �.�, �1r�� a� �� Property Owner(s) • Page 4 of 7 � � / /I O� • O O ��6. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH�4��' NO. � � '� � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 12th day of June, 2000, by Gabriel Jabbour&Linda S. Vee, Mayor&City Clerk of the City of Orono, a Minnesota municipal co oration and said instrument was executed on behalf of the City. ,5.,� `" MARY ANN JOHNSON NOTARY Pl1BUC.A�N�SOTA 4y CComi�lon F�cpir�Jan.31,10dS NOT Y PUBLI STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this ��ra( day of iV'o v�2 rr� ,�{,� , 20 v o before me a Notary Public within and for said county,personally appeared �(1 ,`l/,'rx�rr G!J a I�rZ o n 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. MARY ANN JOHNSON � . NOTARY PtiB1.iC-MlNNEuOTA � �'��s.�.3t.� NOTARY LIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . On this 9f� day of �Vv�� r� , 20 � �before me a Notary Public within and for said county,personally appeared ►iPl. I,�. /�Q c�I�' l/q�� ,✓1 r��s �a f 'e ce Q� y�P�� 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. MARY ANN JOHNSON `�� C�� 'pueuc-��rA NOTARY P LIC ' A�(j'C°"'nYe�p��.►an.s1,2005 • Page 5 of 7 , , . i /� �� . � o 0 ��b. - CITY of ORONO � ti �� '�' RESOLUTION OF�TH�E�T�Y COUNCI L . `�kEsKOg' � No. � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , On this day of , 20 before me a Notary Public within and for said county,personally appeared 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. � . � NOTARY PUBLIC . STATE OF MINNESOTA ) , ) ss. � COUNTY OF HENNEPIN ) � On this day of , 20 before me a Notary Public within and for said county,personally appeared 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. NOTARY PUBLIC • Page 6 of 7 . . . • . . • � � - EXHIBIT A ' � 4 � �' � � � � . _ S:.__._�_ �;_ . �-� ,.p., ;, ,\` ; . . '� �`_._ '�;� � � — .— — �� .�•_,•�� / � ' ' • • .� , �_, �r, �/— �i~ , ' 1 • . _t:7. , •,� P'r`�i" �� '/ � ,� ��r W � , � / `�/ A L D g � 1! A D D I 'I' I � N �' �ro%�/ .,' ;_. p�h d �'�`�_�� ___ � ,,,,,,,�, �;- � �:r.._r. 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