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Home My WebLink About1991-07-22 Resolution 2993kEsBo / CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2993 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE #1667 WHEREAS, Whitney MacMillan (hereinafter "the applicant") has an interest in the property located at 1700 Fox Street within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Block 1, MacMillan Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Mur icipa 1 Zoning Code Section 10.03, Subdivision 19 to permit debris from the foundation of the former residence structure, tennis court and blacktop drive to be buried on site, such debris would not qualify as clean fill because the City standard does not recognize organic, manmade or reprocessed materials as clean fill. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1667. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 15, 1991 and recommended approval of the proposed variance based upon the hardships and findings set forth by applicant as follows: A. The PCA regulations effective January 1991 were amended to exclude the City from all involvement in burning permits for structures. The informal communication link between Long Lake Fire Department and City since that time did not address the City's additional need for a demolition permit when structures are razed via a burn. B. Applicant had obtained necessary burning permits from both the Fire Department and the PCA. Page 1 of 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _2993 C. Applicant had contacted all required utility companies to secure legal shut-off and appropriate notification. 4. The City 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 neighboring property; 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; and would be in keeping with the spirit and intent 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, ORWER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 19 to permit debris buried on the property to remain, subject to the following conditions: 1. Applicant shall be responsible for completing all restoration of the disturbed area by providing suitable topsoil and ground cover. Prior to the restoration work, Orono building inspector to confirm that former septic site has been appropriately abandoned per Code requirements. 2. Applicant to prepare a covenant to be filed against the Chain of Title locating, via a legal description, the disposal site providing a survey/site plan locating said site with the understanding that at some time in the future if construction is to take place near or within this disposal area, that owner will agree to remove any fill that does not meet the current clean fill standard: of the City. Applicant is •asked to present a draft of the covenant for the City's review and approval. Page 2 of 4 ZO O v� 1 = - CITY of ORONO t �RESOLUTION OF THE CITY COUNCIL ,,��9E8H�� NO. 2993 C. Applicant had contacted all required utility companies to secure legal shut-off and appropriate notification. 4. The City 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 neighboring property; 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; and would be in keeping with the spirit and intent 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 variance to Municipal Zoning Code Section 10.03, Subdivision 19 to permit debris buried on the property to remain, subject to the following conditions: 1. Applicant shall be responsible for completing all restoration of the disturbed area by providing suitable topsoil and ground cover. Prior to the restoration work, Orono building inspector to confirm that former septic site has been appropriately abandoned per Code requirements. 2. Applicant to prepare a covenant to be filed against the Chain of Title locating, via a legal description, the disposal site providing a survey/site plan locating said site with the understanding that at some time in the future if construction is to take place near or within this disposal area, that owner will agree to remove any fill that does not meet the current clean fill standards of the City. Applicant is -asked to present a draft of the covenant for the City's review and approval. Page 2 of 4 \9�tEgHp4: . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2993 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only. 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 22nd day of July, 1V1. & 4,, � a� >� Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of July, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My COmmisSl_n expNes 8-12-0 Notary Public Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2993 STATE OF MIVNESOTA ) ss. COUNTY OF HENNEPIN ) On this 24th day of July , 199 1 before me a Notary Public within and for said county, personally appeared * Whitney MacMillan ** 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. LINDA S. VEE NOTARY PWM . W#&gOTA HENNEPIN COUNTY My commissl*n utptrw 3-12M 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 * Craigbank Associates, A Minnesota General Partnership, by ** , A General Partner of Craigbank Associates, A Minnesota General Partnership Page 4 of 4