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Home My WebLink AboutResolution 3597 F' -3 1 , 3 � � .r lb' 'S � O� . • O • O b. - CITY of ORONO � � � ti ��L �G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4 NO. :� � � °�' A 1RESOLIJTION GRAi�I�'IN� A COI�IDITIONAL USE FE.�CZMCIT PER NIUNICIPA:�,; ZONING CO�UE SECT�O� la.d3, S�TBDI��IS�.�� 19 FILE NO. �039 � i�;T�iE�EAS, �'Vally and Sharyl Carsan (hezeinafter the "appli.cants") have an i��terest i�-�the property located at 3010 Somerset Lane wi�hin�.e City of Oron.o (hereina.�ter "thF Ciry") and legally described as: Lot l, Block 3, Old Crystal Bay Road Second Addition, Heiinepzn CauntJ�, Minnesota (r�ereinafter "property"); and `W�IEREAS, per Municipal Zoning Code S�ct��n 10.03, Subdivisian :19, tne • applicants have filed a conditional use permit to permit the excavatic�n'of appmxuna�el; 1,5�c� e:ubic yards of materizl'occupying approximatei;�': 16,500 s.f. or .3 acres of a '��ype 1 wet�and at an appraximate 6' depth. N�W, 1'Tr�E�EFOR�, BE IT RESQLVED hy tne �ity Couacii of Oru:�a, �Iinnesota: FIN��NGS 1. This appiication was reviewed as Zoning File.�#2t�39. 2. The property is located in.the RR-1B �ural �esidential Zo�ir�g District requi�i�zg two acres of dry c�ntiguous lancl. The pro�,erty consists ai 3.� acres. On� acEe consists of a Type 1 wetland not considered a designated weiland.of the Cin: oi Orono. 3. The Orono Planning,Commissir�n reviewed tiiis application on August 21, 1�95 and recoinmended approval of the conditional use pernit as amended based on the following findings: • Page 1 of 5 a.� �+ . .. � . . � . . . ry.. ' ' � . . r . ... �. � . .r ..Y' � .• , ' . r � O� I � O O ' �� C ITY of ORONO b ^ � � � � �� '�' RESOLUTION OF THE CITY COUNCIL � �kESH04� NO. :� � � `� a. Both the proposed location and design of the pond present no hazards to the public health, safety or welfare to the immediate neighborhood or to the community. b. The proposed location and design of the pond has been found to not be materially injurious to properties or unprovements in the immediate neighborhood. c. The proposed location and design of the pond within the residential . neighborhood has been found to be in accord with the objectives of the Zoning Chapter and purposes of the Zoning District in which the p�nd is located. 4. The City Council finds that granting a conditional use permit to allow the excavation of a pond within the Type 1 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 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. i . 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 ie or more of the above fmdings, the Orono City Council hereby , Based upon on grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to � allow excavation of 1,650 cub�c yards of material within a Type 1 wetland to create an open ! water area that would occupy approximately 16,500 s.f. or .3 acres. This approval is subject � to the following conditions: i ( 1. Applicant or applicant's contractor shall be responsible for providing ari amended � grading plan upon application for a staff-issued land alteration permit; the plan ! to reflect the final estimate of the water level of the pond and contours to reflect , � a 10:1 bench from the water line to 1' below the water line of the pond. ; Page 2 of 5 ' w ' � O ' V - • O O �b. � CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL . �`�kEsxo�`� No. � 5 � '7 2. Topsoil shall be salvaged for respreading over the disturbed area. These areas shall be restored with an acceptable wetland seed mixture. The City recommends Mn/DOT mixture 250. 3. The Corps of Engineers has advised the land alteration will be allowed under the nationwide permit. The permit will ask that the wetland spoils be deposited out of the Type 1 wetland and that specific obnoxious weeds such as purple loosestrife be immediately removed by applicant. Applicant shall continue to be responsible for the removal of specified plantings or weeds as noted in the Corps permit. 4. 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 (September 11, 1996). • 5. 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. 6. The undersigned applicants and current owners of the property, Orono Limited Partnership, 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. • Pa�e 3 of 5 � °� � . o . o �b. � C ITY of ORONO � � �� '�' RESOLUTION OF THE CITY COUNCIL � ��kESIIOg'� NO. � 05 9 °�� Adopted by the Orono City Council on this llth day of September, 1995. AT ' T: . or thy M. alli , City Clerk Edward J. Callaha , 7r., Mayor Property Owner(s) Authorized Representative of Orono LJnited Partnership - no fur�her interest • in property W Wally Ca s n, Applicant S aryl Carson Applicant STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged befor� me on tr�is 11tYi day of September, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instn�ment was execut�d on behalf of the City. �� o;��,; LINDAS.VEE ��/�J ° NOTARY PUBLIC-MINNESOTA Notary Public � ' =� �- : HENNEPIN COUNTY ,�* ' �,�.<•' My Commissian Expires Jan.31,2060 • Page 4 of 5 .� ' c ��? � ' V • O ' O �b. � C ITY of ORONO � � �� '�'� RESOLUTION OF THE CITY COUNCIL � �kESH�g' NO. �� s 9 `7 STATE OF MINNESOTA ) �a-rrzst ) ss. � COUNTY OF �:E�:�FP�d�P��A1 ) 9 On this�day of , 199-�before me a Notary Public within and for said county,personally appeared S�i -Q known to me to be the person(s) described in and ho executed the oregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. �s!�e�e��/ rw�n�,n�:� NOTARY PUBLI:�� pi��.Ci��4U �*'� °'- �� tdOYARV PUSL(C-F.k1f.N�;6TR �,,y_.. . �.� �:th-��""'�"��11�:�� Rs�/fs�v C:Of7i��'Y STATE OF MINN�SOTA ) �� .��' �ty conim�ss�;,r+�x�rao��h.s�,ae�� ,+ .nnnnn:vtinnnnrrvv m � S�• COUNTY OF HENNEPIN ) � On this day of , 199_before me a Notary Public within and for sail county,personally appeared known t� me to be the person(s) described in and who executed the foregoin� instrument,and acl:n��vledged that he (they) executed the same as his (their)� free act and deed. NOTARY PUB.LIC 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 f�re�oing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC • Page 5 of 5