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HomeMy WebLinkAbout#2114 Recorded Resolution 37106587774 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 '11 0 A RESOLUTION GRANTING A VARIAN CE TO MlJNICIPAL ZO!\TJNG CODE SECTION 10.55, SUJJDIVISION 8, A.ND GRANTS A CONDITIONAL USE PERMJT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 21!4 WHEREAS, Clark J. Winslow (hereinafter the "applicant") is owner of the properties located at 1595 and 1625 Bohns Point Road within the City of Orono (hereinafter "City'') and legally described as follows: Lot 2, Block l, Beth a11d Bridget, and Lot 9, Auditor's Subdivision No. 349, Hennepin County, Minnesota (hereinafter the "properties"); and \VHEREAS, the applicant has made application for a conditional use permit per Section 10 03, Subdivision 19, to permit the dredging of approximately 80 cubic yards of dehris and sediment from an open water pond designated as a Type V wetland of the Cit}' of Orono where no such land alterations are penr1itted per Section 10.55, Subdivision 8. NO\V, THEREFORE, BE IT RESOLVED by the City Council of Or,.:no, ivlinnesota: FINDINGS 2. The property is located in the LR-fB Single Family Lakeshore Residential Zoning District requiring .l acre in area. The properties consist of 3 + acres. JUN 10 3. The Orono Planning Commission reviewed this application on March 18, 1996 and recommended approval of the variance and conditional use permit as proposed ba:,ed on the following unique findings and hardships: In both November and December of 1987, the City granted a conditional use permit to permit the dredging of approximately 1,500 cubic yards of spoils from the Type V designated wetland. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 8710 NO. ______ _ b. The purpose of the original application was to create open water areas in an attempt to remove algae from the pond and reduce the odors that impacted the surrounding neighborhood. c. Ti1e 8G cubic y.::rds of s_p-Ji'.s ccm.i.st of mu•.:k, brG!1ches and weeds that have clogged the pond along the south side. d. Maintenance dredging has been required nine years after the original dredging i.rnprovement bec:mse of original constrnction problems resulting from the attempt to create a 12' deep open water area in the middle of the pond and with the installation of lawn area surrounding pond along the south side on property located at 1625 Bohns Point Road. e. The proposed improvement will have no impact on the road improvements completed by City in 1987 nor will it have an impact on the intent and purpose of the original plan of improvement for the pond. 4. The 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighborjng properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; ~1.1d -;__~/ou.ld tic-l;-:: !•:~~e.ping 1,vi:b t!~e ~ri!:}t 2nd 1nten.~ of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the maintenance clredgir1g of approximately 80 cubic yards of spoils from the existing open water pond 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 property, 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. Page 2 of 5 CITY of ORONO RESOLUTION ..QF THE CITY COUNCIL NO. ;j 7 1 0 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and grants a conditional use permit per Section 10.03, Subdivision 19 to permit the dredging of approximately 80 cubic yards of spcnls and debris frorn the open water pvad, -;Jassificd as ~. Type '/ v.;:::-t12.nd th:'!t is · protected by the City of Orono. Approval is subject to the following conditions: 1. Banks of the pond where dredging shall take place shall he restored to an 8: l slope. Appropriate aquatic and wetland vegetation shall be restored within the disturbed area. 2. The spoils shall be removed from the site. 3. The approved or average water level of the pond shall be at 929 .4. 4. 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 within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (April 8, 1997). 5. 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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 J. 0 ..... Adopted by the Orono City Council on this 8th day of April, 1996. ner(s) ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April, 1996 by Edward J. Callahan, .Tr. and Dorothy M . Hallin, Mayor and City Clerk of the City of Orono , a !viim1esota muni.cipaJ corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan. 31. 2000 Page 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 1 0 On tb)s / 1 -f-h day of __ /}..pc,"._/ ___ -------~--, 199_~ __ , before ·me ,J hu1;-:1)' P ubiic · w ithin and for -said County, personallJ appeared L frJ..t..fl.r.-LJJ;.t1~,.---12:J..L _i:.,_c_,_,{ ,.,.....,J_,__ ____ _ known to me to be the person(s) described in and who e xecuted tht foregoing .instrument, and acknowledged ihat he (they) executed the same as his (their) free act and deed , fluuL£_~~✓~L-- Notary Public ST A TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On Hus __ cf(0 -fJ, day of _____ ~J_ ___ , 199-'2___, before me a Notary Pubiic within and for said County, personally appeared __ 5.fuz ,.:cu:;_ '=-'-WL/1 s /6 w . [llq..J'.Y...1~ ,.,...J __ _ known to me to be the person(s) described in and who e xecuted the foregoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed . CAROLE A. HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan . 31, 2noo Page 5 of 5 STATE OF lvfINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 8 1 1 0 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 _____ A_p_r_i_l _________ , 19_9_6_ '-;n. (SEAL) (\ j ( I..,: r = ·.~ -; Cb ) I ,'-] ; :'1 ' (') ~ '• ;~ I j 0 0 ~ ,, m m ...... I :iJ t sl 0 -r'i u -1- m .c m JJ - v- .t;,') \ '•'.~ \ ' ~ .,J ~ ...