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Home My WebLink AboutResolution 3711 �� . w�,. -r�s� � � O� , • O O b. - CITY of ORONO � � � ��; �G'�' RESOLUTION OF THE CITY COUNCIL � 9kES�I04 NO. � 7 � 1 A �2ESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2115 • WHEREAS, Frank B. Bennett (hereinafter the "applicant") is the owner of the property located at 405 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as: Lot 1, Bennett Hill, Hennepin County, IVlinnesota (hereinafter "properiy"); and � W?EIEI�AS, the anplicant h�s a�plied t� the City for a conditional use permit . to permit the dredging of approximately 19(!0 c�.�bic yards of spoils from a Type 1/Type 3 • wetland per Municipal Zor�ing Code Section 10.03, Subdivision 19. The wetland is not a designated wetland of the City of Orono. NO�'�', TI�IEREFORE, BE IT RESOL.VED by ihe City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2115. 2. The property is located in the LR-1B and LR-lA Zoning Districts. The property consists of seven-plus acres. ;. On Mazch 18, 1996, the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: a. The wetland, classified as both Type 1 and Type 3, is not a designated ��etland of the City nor is it defined as a protected wetland on the National W�tlands Inventory Map. b. The ��vatershed that drains into the low area and the proposed location of the pond is approximately eight acres in area. • Page 1 of 5 , � O� . • O O �e. - CITY of 4RON0 � ti '� RESOLUTION OF THE CITY COUNCIL ��`9kE p4�'G NO. � `� 1 1 � - sx c. The wetland and location of pond drains into a ravine to the southeast of the property and then to the east side of Tonkawa Road draining eventuall�- into Stubbs Bay. d. The ravine area is subject to severe erosion during heavy rainfalls. � e. The proposed pond will serve as a retention area for stormwater. £ Erosion ��-ill be minimized once the velocity of stormwater runoff�is controlled by outlet structure at southeast corner of pond. g, Per Joseph Yanta's letter of the Corps of Engineers dated March 21, 1996, the proposed land alteration will fall under the Army's nationwide permit. • h. Shawn Gustafson in his letter of March 13, 1996 advises that the proposed pond is acceptable from an engineering standpoint and would recommend approval based on the proposal. 4. The City Council finds that granting a conditional use permit to allow the dredging of approximately 1900 cubic yards from a wetland on 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 objecrives 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 b5{ the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. • Page 2 of 5 � � . � O� . • O O �b - CITY of ORONO � ti � '�' RESOLUTION OF THE CITY COUNCIL ��kE H�g'�G NO. 3 � � Y � S 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 dredgina of approximately 1900 cubic yards of spoils from a Type 1/Type 3 wetland for the purpose of creating an open water area, subject to the following conditions: l. Applicant shall grant a drainage easement over the pond and drainageway to protect and preserve the public interest in this stormwater improvement. 2. Applicant shall obtain a permit from the County Deparhnent of Transportation for all work done within the County right-of-way with the removal of the existing access serving 315 Tonkawa Road. • 3. The Corps of Engineers has approved this project under a nationwide permit. An}� changes in design, location or purpose of the project would involve further review by the Corps. It shall be applicant's responsibility to ensure that the work complies with the terms of the Corps letter of March 21, 1996 and per the approved plan. - 4. A silt fence shall be installed at the pond outlet prior to any land alterations and all disturbed areas to be seeded with either a wetlancl,'prairie or grass seed mixture. Erosion control shall rem�ain in place until all disturbed areas have been restored to a natural groundcover. 5. The northwest loop of the proposed pond shall be restored with wetland ve�etation to treat runoff that enters at northwest portion of pond. 6. Upon application for a land alteration permit from the City of Orono, applicant shall provide detailed grading plan for new drive extending from north and specs and detail on control structure facility to be used at outlet from pond for City Enaineer's review. • Page 3 of 5 _ . . ... . _ . . � .. � .�.b .... , .. . . . 1 � • � i� I O� • O O b. - CITY of ORONO � � ��. �G'� � RESOLUTION OF THE CITY COUNCIL 9kESI304� NO. � �' 1 }. 7. 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 approval or the special conditions of this resolution will expire on that date (April 8, 1997). 8. 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. 9. 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 8th day of April, 1996. A ;EST: . � �� • ,. rothy . Ha lin, City Clerk Edward J. Call , Jr., Mayor � � � � �� Property Owner(s) � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEpIN ) The foregoing instnunent was acknowledged before me on this 8th day of April, 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. ��_�•. LINDA S.VEE � (/�L�� • 'y��' `�` �: NOTARYPUBLIC-MINNESOTA �� `�J � �,^-=�:-.,' HENNEPIN COUNTY Notar'y Public �-�.,�•�' My Commission Expires Jan.31,2000 Page 4 of 5 y a. � � � - . � ' , . O� . . � � • O O b. - CITY of ORONO � � ��_ �G'� RESOLUTION OF THE CITY COUNCIL � �kEsS�4 NO. a� `� � �, �"� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this p�► ►V, �ay o� 0 f K� , 199 � before me a Notary , Public within and for said county,personally appea ed �,—�� a-{�"�dr�l � • �� 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. . R ,�L SUSAN M.LEHRER � �. � :��. , N�TARY PUBLIC-MINNE80TA r��ao�ca cout�rr NOTARY PUBLIC � .� ..;r?.' t�y Co,nnlssion Fxqcea J�n.31,2000 • M • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 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 i Page 5 of 5