HomeMy WebLinkAbout#2205 Recorded Resolution 38866734166
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. B 8 8 IQ
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISIONS 8 AND 12
FILE #2205
WHEREAS, Allen Schefers, (hereinafter "the applicant") is the owner of the
property located at 2540 Casco Point Road within the City of Orono (hereinafter "City") and
legally described as:
Lot 2, Block 6, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit per Municipal Zoning Code Section 10.55, Subdivisions 8 and 12 to excavate in a wetland
area to allow an existing wildlife pond to remain where a conditional use permit is required for
excavation or fill.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2205.
2. The property is located in the LR-lC, One Family Lakeshore Residential Zoning
District requiring 1/2 acre. The property is sewered.
3. On April 21, 1997, the Orono Planning Commission reviewed the application as
amended and recommended unanimous approval based on the following findings:
A) The wildlife pond will improve drainage on the property and adjacent
areas.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 8 6
B) The wildlife pond encroaches into the 100' right-of-way for Casco Point
Road but does not have an adverse impact on the roadway.
C) The wildlife pond is located in a floodway and flood fringe district.
D) The applicant has obtained a permit from the Minnehaha Creek Watershed
District.
4. The City Council finds that granting a conditional use permit to allow a wildlife
pond 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 staff and comments of
the applicant and the affect of the proposed use on the health, safety, and welfare
of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a conditional use permit per Municipal Zoning Code Sections 10.55, Subdivisions
8 and 12 to allow an existing wildlife pond in a wetland to remain where no such activity is
normally allowed, subject to the following conditions:
1. The applicant shall grade the slopes around the pond to a 3: 1 ratio or less.
2. The applicant shall maintain the pond in a manner that does not adversely impact
the right-of-way and roadway.
3. The applicant shall landscape the area around the pond with natural vegetation such
as cattails and prairie grasses.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 8 8 6
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 an after-the-fact land
alteration permit within six months of the date of Council approval or this
conditional use permit will expire on that date (October 28, 1997).
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 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 28th day of April, 1997.
Page 3 of 5
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 8 8 6 ·,f
The foregoing instrument was acknowledged before me on this 28th day of April,
1997, by Gabriel Jabbour and Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
JAMIE l. BOSMA
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000 .
Page 4 of 5
' '
. '
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO .. 8 8 8 6
On this d u p day of __:n~------, before me a Notary Public
within andfor said County, personall peared vi ~
known to me to be the person(s) described in and who exe ted the fo egoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 1+-~ day of Haq , 199 7 , before me a Notary Public
within and for said County, personally appeared J idv f3. ':xi.*c:s t>,c.u · .,,·c..J
known to me to be the person(s) described in and whd executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
CAROL E A HASEMAN
NOTARY PUBLIC-MINNESOTA
M HENNEPIN COUNTY
Y Commission Exp/res Jan. 31 , 2000
Gru ~gd 0. tld~
Notary Public
Page 5 of 5
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION# 3 8 8 6
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
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 of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held on
Apr i 1 2 B , 19 ..9...1...., and that the same is a true and correct
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 · 7th --.:....=c=-=----
day of M , 19_9_7_
!<
allin, City Clerk
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