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Home My WebLink AboutResolution 3677 .:�i��.. 1.A � O� . O • O . �b. � C ITY of ORONO � � �� G'�'F RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. 3 6 '7 7 A RESOLUTION GI�AnTTING A CONDITIONAL USE I'ERMIT PER MUNICIPAL ZONING CQDE SECTION 10.03, SU�I�TVISION 19 A,Nn A VARIANCE TO SECTION 10.55, �UB�IVISI(�N 8, FILE NO. 2102 WHEREAS, Howazd I. McMillan and Elizabeth T. Mc�illan (hereinafter the "applicants")are the owners of the property located at 127�Lyman Avenue within the City of Oronc� (hereinafter "City") and legally described as follows: � Lot 2,Block 1,Orono Orchards Highlands,�Iennepin County,Minnesota(hereinafter the "properry"); and �VHEREA�S,the applicants have applied to the City of Orono for a conditional use • permit and variance to permit the excavation of a.12 acre open water area or pond within a protecteci wetiai�d of the City and tr�r:, filling of a banlc within 26' of the designated v✓etland where the Ivluni�i�ial Code prohibits land alterations within a designated wetland ai�d within 26' of the wetland. NOVV, TFIEREFORE, BE IT R�SOL�TD by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File .#2102. 2. The property is located in the RR-1B Single Family Rural Residential %ani�ng� District requiring two acres of dry buildable land. The property consists of 2±acres. '�°-�.�.,,�,,,,y� 3. The Orono Planning Commission reviewed this application on January 16, 1996 and xecommended unanimous approval of the variance and conditianal use permit as proposed based on the following tuliqu�findings or hardships: a. All land alterations are proposed within areas unsuitable for development of a sewage disposal system. • Page 1 of� . . . � �'• . ,; ' t``� . � 6 � . i•.� _ . . , - Y � .. � . y � �� , , . Y• � , l� � O� • • O O � �b. - .CITY of ORONO � � . � �� '�' RESOLUTION OF THE CITY COUNCIL � ��kEsH�S�`'� NO. e� s � �Y b. The land alteration within the 30+acre wetland system will involve an area of.12 acres. . � c. Vegetation within the 30+ acre wetland consists predominantly of Purple .Loosestrife and Reed Canary Grass, invasive aquatic weeds that choke out desirable native vegetation associated with a healthy, thriving wetland. d. The area of the wetland to be altered is in a transitional area consisting of 40%Purple Loosestrife, 40% lake sedge and 20% cattail. e. John Anderson, applicants' wetland consultant, confirms the area will be replanted with prairie restoration mix of native grasses that will reduce the abiliiy of Reed Canary Grass and Purple Loosestrife to once again colonize this area of the wetland. • f. Ben Wopat of the Army Corps of Engineers advises in his letter of January 26, 1996 that the proposed land alteration will be authorized under the Department of the Arnry's nationwide permit. Wopat continues to advise the following to applicants ... "Hand removal of young Loosestrife plants before they go to seed may be the most effective method to control this species, although spot s�raying of approved wetland herbicides may be necessary if hand removal is not sufficient." g. 270 cubic yards of excavated material will be used to establish more graduated and natural slopes in an area where a retaining wall has collapsed allowing erosion of bank adjacent to wetland. h. The excavation of the pond will improve wildlife habitat and result in the removal of the Purple Loosestrife and other invasive weeds. 4. The City Coimcil 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 tra�c conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to.the applicant, but is necessary to alleviate a demonstrable hardship • Page 2 of 5 .4°'�, X�n r � -�; � ?� . 't"'.. . ' t ' . . . . . � . �,' �;,�, ,; y..n• � O� • O • O �b. � � CITY of ORONO � � ti �� L'�' RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. `s3 � � � 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 Finds that granting a conditional use permit to allow the excavation of a wildlife pond and filling adjacent to the designated. wetland 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 property, nor will its use depreciate surrounding property values and that the propose�i 1Pve1 of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. COlVCLUSIONS, ORDER AND CONDITIONS • Based upon one or more of the above findings,the Orono City Council hereby grants a variance to Municipal Zoning Code Sectiqn 10.�5, Subdivision 8 and a conditional use permit per Section 10.03, Subdivisions 19 and 20 that would allow the excavation of 270 cubic yards of spoils from a designated wetland to create a wildlife pond and the placing of excavated materials on the property, portions of which will be located within 26' of the designated wetland, subject to the following,conditions: 1. Applicants shall grant a Conservation and Flowage Easement over the designated wetland located within the southeast corner of the property. - 2. All erosion control as shown on grading plans by Mark S. Gronberg dated October � 18, 1995, most revised date February 1, 1995 shall be installed prior to any land alteration or disturbance of existing groundcover within the designated wetland or within 26' of the wetland. Erosion control may be varied at any time during these alterations at either the request of the City Engineer or the Orono Building Staff. ;. All spoils excavated from the wetlands shall be stored in an upland area and secure� . with appropriate erosion control until the spring when spoils are in a condition suitable for contouring of bank. Final grading shall be completed iri late April or early May of 1996. Seeding with a suitable wetland mixture shall be completed no later than June 15, 1996. • Page 3 of 5 ; ; � O� . • O • O b. - � CITY of ORONO � F � �� L'�' RESOLUTION OF THE CITY COUNCIL � . �`�k'Esxo�'� No. 3 6 7 7 _ 4. It shall be the responsibility of the applicants to contact the Orono staff prior to the commencement of the land alterations to determine if erosion control has been properly installed and whether the erosion control will be sufficient. 5. Authorities granted by this resolution run with the properiy not with the owners, but are permissive only and must be exercised by application for a land alteration permit by February 1996 in order to meet approved deadlines established tiy applicants and approved by the City. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoi�ing Code, shall automatically terminate any authority granted herein, and sha11 be punishable as a misdemeanor. 7. The undersigned applicants have rPad, 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 February, 1996. ATTEST: � • • f Dorothy M. al in, City Clerk Edward J. Callah ,�, Jr., Mayor --� ��,�� - � _ �� -�r Property Owner(s) • Page 4 oi 5 � .. .,y ' ' . . '_ . c � �� .� , . , a C ' .� , � 'r . I O� � O • O � �b. - C ITY of ORONO � � � �� ,'�' RESOLUTION OF THE CITY COUNCIL . �`�kEsKO�'� No. 3 6 7 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 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. .:z,� , JAMIE L.BOSMA , :�� NOTARY PUBL�C-MINNESOTA 1 • •• ' HENAEPIN COUNTY «'" . . 7. �/MM�� My Commission ExDires Jan,31,2000 Notar�Py blic z � v STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�'u'day of � , 199 (�; before me a Notary Public �vithiii • and for said County,personally appeared 1�. �e � � ' �rwe.b�i� w�� known to me to be the person(s) described in and who e ecuted the foregoing instrument; and acknowledged that he (they) executed the same as his (their) free act and deed. ^."• JAMIE L.BOSMA � �"� �` • NOTARY PUBLIC-MINNESOTA � :" • � HENMEPIN COUNTY � No � ublic ; ~�MM��•• My Commission Expires Jan.31,2000 ��1/C'�°'�"ti'��ti . � 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 • Page � of�