HomeMy WebLinkAbout1990-05-29 Resolution 2809City of OR ONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2809
DROND
A RESOLUTION GRANTING
A CONDITIONAL USE PERNIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE #1517
WHEREAS, Mr. and Mrs. Whitney MacMillan (hereinafter "the
applicants") have an interest in and intend to become the future
owners of the property located adjacent to 1560 Fox S'.:eet within the
City of Orono (hereinafter "City") and legally described as follows:
Exhibit A attached (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for a
Conditional Use Permit as required by Municipal Zoning Code Section
10.03, Subdivision 19, to permit the excavation of a pond area
involving removal of approximately 1700 cubic yards of material.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1517.
2. The property is located in the RR-lB, Single Family Rural
Residential Zoning District.
3. On April 16th, 1990 the Orono Planning Commission reviewed
the application as proposed and recommended approval, finding
that the proposed excavation will have no significant effect o-
the quantity or quality of run-off reaching Lake Minnetonka, an,,
will not provide a significant public benefit that would require
granting of a conservation and f lowage easement. The Planning
Commission further found that all dredged spoils will be trucked
off the site, and that the use of the pond is decorative in
nature. The Planning Commission further noted that the City
Engineer had reviewed the applicaticn and had no problems with
the proposal.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports
by staff, comments by the applicant and the effect of the
proposed use on the health, safety and welfare of the community.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2809
• ' • •
5. The City Council finds that granting a conditional use permit
to allow the excavation of this pond area 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 it 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon 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 excavation of approximately 1700
cubic yards of fill to expand an existing small pond, subject to the
following conditions:
1. All dredged spoils to be trucxed off site.
2. Proposed stone wall to be at least 75' back from the
shoreline of the adjacent artificial lake.
3. Adhere to indicated plan, with 5' maximum depth at center of
pond, l'-1'6" depth at pond border.
4. Stone platform patio area extending into pond is approved as
a part of the project.
5. Applicant or applicant's agent shall obtain the required land
alteration permit prior to commencement of work on the pond.
6. Applicant and applicant's contractor shall place and maintain
appropriate erosion control methods (silt fence, etc.) to keep
any of the disturbed areas or temporarily dredged spoils from
moving into the adjacent lake. Upon final grading, the disturbed
areas shall be immediately seeded or sodded to minimize erosion.
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 owner 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 2 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2809
Adopted by the Orono City Council on this 29th day of May,
1990.
AT ST:
orothy allin, City Clete$ James Grabek, ayor
��
Property, Owner(s) J
Page 3 of 4
City of OR ONO
CITY
OF
ORONO
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2809
The foregoing instrument was acknowledged before me on
this 29th day of May, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the Ci +v.
AEREBA L NAASoTA
HEN
NEPIN
PUBLIC
� ENoom EPIN COUNTY9z
Notary Public
STAVE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this �day of 199
before me a Notary Public within and for said county, personally
appeared �,J1�'� 1 „:��, h. :� 11 "L"�' 1 is 116L,?—
known to me to be the person(s) described in and who executed =t/e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
inkTHERESA LM NNE SOTA
gpTARY PUBLIC
THEN wN 94-W
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
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
Page 4 of 4
EXHIBIT A
RESOLUTION # 2809
LEGAL DESCRIPTION:
LOT 2, BLOCK 1 MACMILLAN ADDITION, HENNEPIN COUNTY, MINNESOTA