HomeMy WebLinkAbout2000-06-12 Resolution 4476CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 d _
A RESOLUTION GRANTING
ANY AFTER THE FACT CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19-21
FILE #2569
WHEREAS, William Waldron and Craigbank Associates, (here .. "the
applicants") are owners of the properties located at 1880 Fox Street and 1700 Fox S. t:t within
the City of Orono (hereinafter "City") and legally described as follows:
Lot 1, Block 1. Waldron Addition also that part of south 1/2 of northwest 1/4 of southeast
1/4 lying westerly of Waldron Addition except roads, Hennepin County, Minnesota
(hereinafter "property")
and
The northeast quarter of the southeast quarter of Section 3, Township 117 North, Range
23 West of the 5th principal meridian, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicants have applied to the City for an after the fact conditional
use permit to permit excavation of greater than 500 cubic yards for a pond construction within a
non -Orono protected wetland per Section 10.03, Subdivisions 19-21.
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota 5.atutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on May 15, 2000 at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINI DINGS
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CITY of oR�NU
RESOLUTION OF THE CITY rOUNCIL
NO. A 47
This application was reviewed as Zoning File #2569.
i The properties are located in the RR-113 Zoning District.
3. A small open water pond did exist prior to the expansion. It is not clear whether
the pond was natural or was dredged. The pond was located at the south end of a
non -Orono wetland. In 1974 the City of Orono defined certain wetlands that were
primarily Types 3, 4, 5 and 6 as protected. Those wetlands identified by the City
of Orono are protected and no land alteration is permitted within the wetland and
the 26' around the wetland. Expansion of the pond occurred in a wetland that the
City has not identified as protected. No variance is required for the expansion.
4. City of Orono Staff observed on February 14, 2000 that excavation had occurred
on properties located at 1880 Fox Street and 1700 Fox Street for construction of
pond without obtaining permits from t:.e City of Orono.
The Planning Commission reviewed the conditional use permit request and
recommended approval by a vote of 5 to 0 based on the following findings:
A. The pond has not added any fill or decreased the storage capacity of the
wetland.
B. The applicants will enter into an agreement to ensure full restoration of
natural vegetation around the pond. Thv -:ierty owners have agreed to
grant a conservation and flowage easemew over the entire wetland area, to
include the pond.
C. The proposed conditional use is in accordance with all other provisions of
the Municipal Code.
D. All excavated material was removed from the property at the time of
construction.
6. The City Council finds that granting a conditional use permit to permit excavation
of greater than 500 cubic yards for a pond construction within a non -Orono
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0 0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
-11
NO. 4 7 0
protected wetland per Section 10.03, Subdivisions 19-21 wi a.-: imental to
the health, safety or general welfare of the public, will 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.
7. 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.
CONCLUS- +, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants an after the fact conditional use permit per Municipal Zoning Code Section 10.03,
Subdivisions 19-21, to permit excavation of greater than 500 cubic yards for construction of a
pond, subject to the following conditions:
Pond shall remain as shown on the survey dated March 17, 2000. A copy is
attached to this resolution as Exhibit A.
2. A protective covenant shall be filed in the chain of title of the affected properties
as an advisory to property owners the wetland is subject to WCA regulation.
3. A final as built survey, indicating finished elevations of the pond, shall be
submitted to the City and accepted by the City Engineer.
4. Applicants shall provide verification of a MCWD permit that has been approved
for the pond construction.
5. A Conservation and Flowage Easement granted over the protected area to ensure
restoration of natural veget :tion.
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CITY VNU
RESOLUTION Y COUNCIL
NO. _ 4 `L-�j—
6. 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 (June 12, 2001).
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.
The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree 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 June, 2000.
ATTEST:
Linda S. Vee, City Clerk Gab 'el Jabbour, May
Property Owner s)
Property Owner(s)
"age 4 of 7
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
The foregoing instrument was acknowledged before me on this 12th day of June,
2000, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orcr t Minnesota
municipal corporation and said instrument was executed on behalf of the City.
MANY ANN JOHNSON
NOtA1W PUBLIC
ST ATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this -� N z day of ti,"ZI v e,-,7 h,= , 20 <., before me a Notary Public
within and for said county, personally appeared 1C,
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowled a same as his (their) free act and deed.
MAINANN d0W01
NOTARY -PUBLIC l
STATE. OF MINNESOTA )
) ss.
COO . ; Va f-ENNEPIN )
On this i%J day of /��'°'_? ��'"P . 20 before me a Notary Public
within and for said county, personally apr— "I i7 lofl, 7, A'e,:& e .i f C r, 4 i_
known to me to be the person(s) describ• „id who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) flee act and deed.
kWA,...J NWN
NOTARY PUBLIC
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//O O
STATE OF MINN i-SOTA )
ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. A 4
Os: this day = T_ __ _ _ _, 20 befo-� me a Notary Public
wife -and for said county, personaR)- appc,-, :
known to me to be the person(s) des.^,c :sec: •o :,(ecuted t; foregoing instrument, and
acknowledged that he(they) executed the ..a-t%. (0 .;r) free act and deed.
NOTARY PUBLIC
ST/ 'rE OF MINNESOTA )
) ss.
CO !TY OF HENNEPIN )
On this _ day of , 20__ before me a Notary Public
within and for said county, personally appeared
known to me to be the per in(s) described in and who executed the foregoing instrument, and
acknowledged that he(they) executed the same as his (their) free . x ..t and deed.
NOTARY PUBLIC
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EXHIBIT A
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D R 0 H A D D i 1 0 N
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W A L
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Foy S�rmu+
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W. DUNCAN MACMILLAN ORONO. LHNNESOTA
TOPOGRAPHIC
I TOPOGRAPHIC SUR14'y
- E4O - 4-R-i-EV.
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