HomeMy WebLinkAboutResolution 3801 -�,-a . :, ,�r .
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��� ��,'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE NO. 2183 �
WHEREAS, Charles L. Kramer (hereinafter the "applicant") is the owner of the
property located at 2990 Somerset Lane within the City of Orono (hereinafter "City") and
legally described as:
Lots 3 and 4, Block 3, Old Crystal Bay Road 2nd Addition, Hennepin County,
Minnesota (hereinafter "property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit
• to permit the dredging of open water areas within Type 7 wetlands for the purpose of creating
wildlife ponds per Municipal Zoning Code Section 10.03, Subdivision 19.
� NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1: This application was reviewed as Zoning File #2183.
2. The property is located in the RR-1B, Single Family Rural Residential Zoning
� District requiring two acres in area. Lot 4, applicant's homestead parcel, consists
of two-plus acres.
3. On October 21, 1996, the Orono Planning Commission revi�wed the application
as proposed and recommended approval of the application as amended. The
approval was based on the following findings:
a. The wetland within the northwest corner of applicant's homestead parcel
- has been degraded through the years. The creation of an open water
wildlife pond will result in an improved or upgraded wetland providing
• . greater surface runoff detention and habitat for wildlife.
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4. The City Council finds that granting a conditional use permit to allow the
dredging of open water azea within the Type 7 wetland located to the northwest
of the property 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 property 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 City staff, comments
by the applicant and the effect of the proposed variance 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 a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to
permit the dredging of an open water area within a Type 7 wetland and the placing of spoils
on upland areas on applicant's adjacent property, subject to the following conditions:
1. This permit does not include any approvals to alter or dredge areas within the
Type 7 wetland, "Hardwood Swamp", located in applicant's street yard or at the
southeast corner of property. The City recommends that the wetland remain in
its natural state and that applicant be allowed to plant appropriate species of
trees and other aquatic vegetation. Prior to any planting within the Hardwood
Swamp, applicant shall provide a schedule of the plantings for review of City
sta.ff. Plantings shall be under the supervision of the Inspection staff.
2. Prior to any dredging or filling activities on the property, applicant or applicant's
representative shall be responsible for staking the Type 1 or 2 wetland located
within Lot 3 to the immediate north. In addition, applicant or applicant's
representative shall be responsible for fencing off septic sites on Lots 3 and 4.
. 3. Applicant/owner shall be responsible for maintaining adequate erosion control
until ground cover is restored to entire disturbed area.
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b. The excavation of the pond within the northwest corner will have no
impact on drainage of adjacent properties.
c. Spoils from the dredging will be placed on upland areas on Lot 3 at a
. minimum 26' setback from the protected Type 1 and 2 wetlands within
the northern portions of Lot 3.
d. John R. Smyth, an Aquatic Scientist with Bonestroo, Rosene, Anderlik
and Associates, in his report dated� October 25, 1996, makes the
following findings concerning the Type 7 wetland located in the front
yard or southeast corner of applicant's property:
1) The wetland meets MinRAM High Quality Hardwood Swamp
standards.
• 2) Excavation of this wetland would greatly degrade the system
which exists.
3) High Quality Hardwood Swamps are not prevalent in �much of
this metro area and should be preserved when possible.
4) l��inRAM defines a High Quality Hardwood Swamp as having the
following characteristics:
Stands undisturbed or minimally clisturbed by
artificial drainage, grazing, logging, impoundment, �
filling, etc. Seedlings and/or saplings of native
tree species evident indicating regeneration.
Groundlayer composed of native grasses, sedges,
ferns and/or forbs. Box elder, buckthorn, and/or
reed canary grass, if present, each have less than
10 percent cover.
5) � The inspection of the wetland confirmed that the wetland
_ community contained predominantly American elm with a
groundlayer dominated by hop sedge and bristle pinkweed. Reed
canary grass and cattail comprise less than 10 percent of the
• wetland and are isolated in one end. ..
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��i ��,'�' RESOLUTION OF THE CITY COUNCIL
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4. Applicant shall abide by all conditions set forth in the MCWD Permit 96-183
approved September 16, 1996.
5. Authorities granted with this conditional use pernut run with the property not
with the applicant but 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 permit will expire on that date (November 12, 1997).
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
terminate 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 himself, his heirs, successors and assigns,
� hereby agrees to the recording of this resolution in the Chain of Title of the
property.
Adopted by the Orono City Council on this 12th day of November, 1996.
ATTEST:
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orothy M. H\ i , City Clerk Edward J. C . han, 7r., Mayor
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Property Owner s) a
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
��kESHOg'� NO.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 12th day of
November, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
�'.` � JAMIE L BOSMA _
� NOTARY PUBLIC-MINNESOTA �'r2j��
� e;' •' ' HENNEPINCOUNTY
� �-���•`� My Commisslon ExpiresJan.31,2000 Notary ub iC
. .e.c .rr e�
STATE OF MINNESOTA )
) ss.
• COLTNTY OF HENNEPIN )
On this ,3 r� day of ��iiic�ie� , 199�, before me a Notary Public within
and for said County, personally appeared G ,G• !�%�P�nc�J �-�-a'��
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.
• `,.� JAMIE L.BOSMA
N4TARY PUBLtC-MINNESOTA ' . ����
: : HfNNEPiN COUNTY
•,�. ARy Cormnl5sion Expires Jan.31,2000 •
Not ry ublic
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of _/����y,.,b e�- , 199� , before me a Notary Public within �
and for said County, personally appeared �Po�� .� �i„ �r��n-,en. n-,a r y�� e�
known to me to be the person(s) described in an h executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�'� �i �.r ,�i r �yr��_�
,-;,;'�r, . CAROLEAHASEMAN NOtary Public
; , ; NOTARYP�LlC-MINNESOTA
� . � '�.• HENNEPIN COUN?Y
�,,,.�..
My Commission Expires Jan,31,2Q00
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