HomeMy WebLinkAboutResolution 4373 ,< <' �
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�,� G'tiF . RESOLUTION OF THE CITY COUNCIL
��kESHOS�`�' , NO. � � � �
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 9
FILE #2527
- WHEREAS,the Minnehaha Creek Watershed District, (hereinafter "the applicant")
has applied for a conditional use pernut for work within Painter's Creek�within the City of Orono
(hereinafter "City") from South Katrina Marsh to Hennepin County Road; 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 Plann.ing
Commission held a public hearing on October 18, 1999, at which times all persons desiring to be
• heard concerning this application were given the opportuniry to speak thereon; and
WI-�REAS, the applicant has applied to the City for a conditional use permit per
Municipal Zoning Code Section 10.55, Subdivision 9 to permit excavation, dredging and disposal
of materials, and restoration of a 1,250 foot section of Painter's Creek in Orono and within a flood
plain. Painter's Creek between South Katrina Marsh and County Road 6 has become obstructed
by sediment deposits and fallen trees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. .This application was reviewed as Zoning File #2527.
2. The affected properties are located in the RR-lA Zoning District, where 5 acres is
the minunum lot area.
3. The Planning Commission reviewed this application on October 18, 1999 and
recommended approval on a vote of 7 to 0. .
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4. The Planning Commission made the following findings of fact:
A. Painter's Creek between South Katrina Marsh and County Road 6 has
� become obstructed by sediment deposits and fallen trees.
B. Several property owners along Creekwood Trail within the Painter's Woods
Subdivision and along County Road 6 would be affected by the proposed
restoration project. The Minnehaha Creek Watershed District shall obtain
easements from the individual property owners to permit access to the site.
C. All excavated material will be removed from the project area via County
Road 6. Because of the type of material being transported and the time of.
year the project will commence, there is a public safety concern regarding
any spillage on public roads. The Minnehaha Creek Watershed Disfrict
shall be the responsible party for material leaving the project area.
• D. Dredging Painter's Creek will benefit the area by allowing the Katrina ,
Marsh and areas upstream to drain. Potential flooding would be less likely
to occur once the creek is open.
5. The City Council finds that granting a conditional use permit for work within
Painter's Creek 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 properry 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 staff and comments of �
the applicant and the affect of the proposed use on the health, safety, and welfare
of the community.
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a conditional use permit to Municipal Zoning Code Section 10.55, Subdivision 9
to permit excavation, dredging and disposal of materials, and restoration of a 1,250 foot section
of Painter's Creek in Orono and within a flood plain, subject to the following conditions:
. � 1. The Minnehaha Creek Watershed District obtains easements from all property
• owners to permit work and use of private property.
2. All excavated material is properly disposed off-site.
3. The City Engineer shall approve the plans prior to issuance of a land alteration
pernut.
• 4. Prior to commencin land alteration, the Minnehaha Creek Watershed District, or
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an agent on its behalf, shall provide a haul route map to the City of Orono.
� 5. 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 (November 8,
2000).
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
� ternunate any authority granted herein, and shall be punishable as a misdemeanor.
7. The undersigned applicant has read, understood and hereby agrees to the terms of
this resolution and on behalf of itself, its successors and assigns, hereby agrees to
the recording of this resolution in the chain of title of the property.
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Adopted by the Orono City Council on this 8th day of November, 1999.
ATTEST:
` - U�-.� . � ��
L' da S. Vee, Ciry Clerk Gabrie �Jabbour, Mayor
pplican
�'�'�'h j�J� �l��`Q Z.
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of
November, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City.
CAROLE A.HASEMAN.
NOTARY RUBLfC-MINNESOTA � ti.i
. �,�y�omnfssbn Expires Jan.31�2065 Notary Public
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STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �'�-�ay of��� �./v ,=�!��before me a Notary Public within and
for said county, personally appeared a(. �2 i� �L=�c n.��r�. ��✓ ��,��..c�l��.r_��1�,
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.
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• • 3:, ... SANDRA LEE KENNELLY
��) NOTARY PUBLIC•MINNESOTA �c
:r-• MY COMMISSION EXPIRES 1�31•2005 NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_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
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