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Home My WebLink AboutResolution 3712 . 1•�.�...�A . . .�. . � ♦ ` , � O� O O � b. � CITY of ORONO � F �� G'�' RESOWTION �O�iE�CITY COUNCIL � 9.kESKp4 NO. A RESOLUTION GRANTING � A CONDITIONAL USE PERMIT � PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 2116 � ' WHEREAS, John G. Walstedt and Lyiui W. Walstedt, husband and wife, (hereinafter the "applicants") are the owners of tlie property located at 3470 Bayside Road within the City of Orono (hereinafter "City") arAd l�gally described as: Lot 23, Auditoz's SuUdivisien No. ?.03, Hennepin County, Minnesota and Outlot A, Bayside Beach (hEreinafter "property"); and VVHEREAS, the applicants have applied to the City for a conditional use pennit • to permit the filling of approximately 600 cubic yards of fill and for land alterations involving approximately 1,000 cubic yards of earth per Municipal Zoning Code Section 10.03, Subdivision 19 that cannot be authorized under a building permit for new construction. NOW, THEREFORE, BE IT RESOLVED by the Cit�T Coiincil of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2116. 2. The property is located in the LR-lA, Lakeshore Residential Zoning District requiring two acres in area. The property consists of tv�=o-plus acres. 3. On March 18, 1996, the Orono Planning Commission reviewed the application and recommended approval of the applic�tion as proposed based on the following findings: a. The placing of 600 cubic yards of fill resulting from excavations for new � construction on tfie property cannot be authorized under the authority of the building permit nor can the filling be authorized tmder a staff-issued • land alteration permit because the filling activities eYCeed l0U cubic yards. Page 1 of 5 � °� � � o o . e. - . CITY of ORONO � , � '�' RESOLUTION OF THE CITY COUNCIL ��`�I,{E p4��'G NO. e� � 1 � a � Sx .r b. The changes in elevations on this property will have no impact on the current drainage pattern of the area nor on adj acent properties. c. The properry presently drains west to a low area near Bederwood Drive. d. Approximately one acre of surface runoff or drainage will now be ' redirected to�the south or Bayside Road. e. Shawn Gustafson in his report of March'12, 1996 reports that the grading plan appears acceptable from an engineering standpoint and that the grades along the west where the drainageway is located are acceptable. f. Hennepin County shall review and approve the grading plans and shall make recommendations if applicant shall be responsible for making • improvements within the County right-of-way to maintain the additional runoff to be received as a result of these improvements. 4. The City Council finds that granting a conditional use permit to allow the filling of approximately 600 cubic yards and changes in elevations involving total land alterations exceeding 1,000 cubic yards of earth movement 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. • Page 2 of 5 � - . , , �� 4 • � O� • • O O �b. - � CITY of ORONO � � ��: �G'� � RESOLUTION OF THE CITY COUNCIL . 9kES8�g' NO. e� "� 1 2 _: CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereUy grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the filling of approximately 600 cubic yards to the north or rear yard of the property and additional land alterations to the west side of the house defining a new drainageway, ' subject to the following conditions: 1. All land alterations have been approved per plans by R. H. of Hauck Landscape Development dated February 21, 1996 and as amended by Shawn Gustafson's report of March 12, 1996. 2. Prior to the issuance of a land alteration permit by the City, applicants' contractor shall arrange for a site inspection with the Orono staff and Hennepin • County Department of Transportation to determine the need for ditch cleaning or any other improvement required to maintain additional runoff. 3. Erosion control shall be in place at the west property line near the lower area and in front of the house prior to any land alterations in order to protect the lake. �. Applicant shall install sod within sensitive areas on the west and to the south of the residence in order to minimize potential of erosion. 5. 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 clate of Council approval or the special conditions of this resolution will expire on that date (April 8, 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 punishaUle as a misdemeanor. • Paae 3 of 5 � � °� � . 0 0 � b. - C ITY of ORONO � F �� G'� RESOLUTION OF THE CITY COUNCIL . 9kESH�4�' NO. 3 '7 12 � 7. The undersigned owners 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 Sth day of April, 1996. ATT ST: ' / � � �� l , ' � orothy M. a in, City Clerk Edward J. Call` , r., Mayor � � , / � � � � v /i� roperty Owner(s) STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of April, 1996 by Edward J. Callaharz, 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. ��"•• CAROLE A HASEMAN /' �`� NOTARY PUBLIC-MINNESOTA � !.' '•' HENNEPIN COUNTY ��•'" My Commission Ezpires Jan.31,2�00 Notary Public C�-._,..�...._ • ^ � PaQe 4 of 5 .,. ._ , .. ...�♦. � � y . . � .. ' . ,�+ ► � � • •, � .. � O� . • O O �b. - CITY of 4RON0 � ti '� RESOLUTION OF THE CITY COUNCIL ��9kEsi3�g'�G NO. � � 1 2 ._ STATE OF MINNESOTA ) ) ss. COUNTY OF HENN�PIN ) On this ��h _day of ; , 199� before me a Notary � � � ��, YY1rP/'i e � "+D •Public within and for said county,personally appe red Tvhn � ^ S � � »n ��-��_ known to me to be the person(s) described in and who executed tb.e oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ^""'•, �CAROLE 11.HASEMAN ��-� -�J ' ' ,k��-/��`J �"' �` � NOTARY PUBUC-MINNESOTA NOTARY PUBLIC o'�' ' HENNEPIN COUNTY • � '��•�;°� My Commission Expires Jan.31 2�00 j��`—��_„^e�.a��C':��.er'?.'N.R;�r�""+�'?�'.n-_.'.s�,.^.`.�'.c.'�.�?"� . STATE OF MINNESOTA ) � �) ss. COUNTY OF HENNEPIN ) On this �j�h day of , 199�o befo�e me a Notary Public with:n and for said county,personally appeare n _ � a/"1^i eC� �� h�, �' 1,�� s.f.P�-�- known to me to be the erson(s) described in and who executed the foregoing instrument, and acknowledaed that he (they) executed the same as his (their) free act and �eed. :%:;.:�.�,, CAROLE A HASEMAN • NOTARY PUBLIC-MINNESOTA ' =•- :- ' HENNEPIN COUNTY NOTARY PL.T�LIC '�,��•'• My Commission Expires Jan.31,2�00 • Page 5 of 5 • • RESOLUTION #�2 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) City Clerk of the City of Orono, Hennepin County, I, Dorothy M. Hallin, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record f such h resolution asolu io in theCouncil i u es heldf the on proceedings of said City Council at a 191.6_, 9meeting and that the same is a true and correct Apr i 1 8 copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 9th , day of April , 1996 / ) ' • Dorothy M. ., City Clerk (SEAL) 2734362 RESISTIREDvat ` ` -Mei R-=S rOPY OFFICE OF THE REGISTRAS OF TITLES HENNEPIN COUNTY. MINNESOTO CERTIFIED FILED ON AUG 15 1996 REGISTRAR OF TITLES Thelyo (t-PS NLC