HomeMy WebLinkAbout17-3928 Recorded ResolutionCA.NNED c3>57 O /
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Doc No A10447529
Certified , filed and/or recorded on
Jun 5, 2017 4 :30 PM
Office of the County Recorder
Hennepin County , Minnesota
Martin McCormick, County Recorder
Mark Chapin , County Auditor and Treasurer
Deputy 1 Pkg ID 1557644M
Document Recording Fee $46.00
Document Total $46 .00
T his cove r sheet is now a permanent part of the recorded document.
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CITY OF ORONO
RESOLUTION OF T HE CITY COUNCIL
6758 NO.---------
A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT
PURSUANT TO
MUNICIPAL ZONING CODE
SECTIONS 78-967 AND 78-1286
FILE NO. 17-3928
WHEREAS, on March 22 , 2017, Mike Hart (hereinafter the "Applicant"), applied for a
conditional use permit for the property addressed 2510 Casco Point Road and legally described as:
The Northeasterly Half of Lot 4, Block 6, Townsite of Langdon Park, according
to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the "Property");
WHEREAS, the Applicant has made application to the City of Orono for a
conditional use permit (here inafter the "CUP ") pursuant to Orono Municipal Zoning Code Sections
78-967 and 78-1286 to allow grading and filling activities on the Property in excess of 500 cubic
yards of imported material; and
WHEREAS, on April 17, 2017, after published and mailed notice in accordance with
Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which
time all persons desiring to be heard concerning this application were given the opportunity to
speak thereon ; and
WHEREAS , on April 17, 2017 , the P lanning Commission recommended approval
of the CUP with conditions; and
WHEREAS, on May 8, 2017 , the City Council reviewed the application and the
recommendations of the Planning Commission and City staff;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby approves the requested CUP as described above based on one or more of the following
findings of fact concerning the Property:
FINDINGS OF FACT:
1. This application was reviewed as Zoning File #17-3928 . The analysis contained within
staff memos and the exhibits attached to the aforesaid memos , all minutes from the above
mentioned meetings, and any and all other materials distributed at these meetings are
hereby incorporated by reference .
CJl.. \.L \.~D
CITY OF ORONO --
REsoLunoN OF THE CITY COUNCIL
NO . '6 7 5 8 ---~~=--=---
2 . The Property is located in the LR-1C Single Family Lakeshore Residential Zoning District.
3. The Property contains 0.52 acres in area and has a defined lot width of 63 feet.
4 . The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater
Quality Overlay District.
5 . Applicant has applied for the following :
a. Conditional Use Permit for Grading
6 . In considering this application for CUP , the Council has considered the advice and
recommendation of the Planning Commission and the effect of the proposed CUP upon
the health, safety and welfare of the community, existing and anticipated traffic conditions ,
light and air, danger of fire, risk to the public safety, and the effect on values of property in
the surrounding area .
CONDITIONAL USE PERMIT ANALYSIS:
The City Council may grant a CUP as the use permit was applied for or in modified form. On the
basis of the application and the evidence submitted , the city finds that the proposed use at the
Property is or will be :
1. Consistent with the community management plan; The intent for the proposed grading is
residential in nature, is consistent with the permitted uses for the property, and is compliant
with the zoning code and comprehensive plan .
2. Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; The proposed grading is residential in
nature which is consistent with the permitted uses for the Property.
3. Adequately served by police, fire , roads , and stormwater management; This statement is
true.
4 . Provided with an adequate water supply and sewage disposal system; This statement is
true.
5. Not e xpected to generate excessive demand for public services at public cost; This
statement is true .
6. Compatible with the surrounding area as the area is used both presently and as it is planned
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C ITY O F 0RON0----
REs oLu noN OF THE CITY COUN CIL
.6 7 5 ° NO. _____ ._u __ _
to be used in the future ; This criteria relates to whether the proposed grades resulting from
the earth moment are appropriate and in character with the surrounding land and
neighborhood. The re-grading of the Property will be more in conformance with the
neighborhood and will provide a smoother transition from one property to the next. Once
completed, the grading will have no impact on surrounding lands . The grades , once vegetated
and landscaped should not have an adverse impact on the neighborhood.
7. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; The proposed grades will help to facilitate
stormwater runoff down property lines, and not toward adjacent properties as is the current
condition. The proposed grades should not result in a negative impact to neighboring
properties .
8. Compatible with the character of buildings and site improvements in the surrounding area,
unless a change of character is called for in the community management plan ; The
Applicant is proposing to re-grade the Property to facilitate a first floor garage where a tuck
under garage is the existing condition , as well as improve Stormwater management. It is
likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and
monitored closely by the City's engineer to assure that all existing drainage patterns are
maintained and adjacent properties are not adversely impacted .
9 . Not expected to substantially impair the use and enjoyment of the property in the area or
have a materially adverse impact on the property values in the area when compared to the
impairment or impact of generally permitted uses; This standard requires that the proposed
grading and improvements must not substantially impair the use and enjoyment of the
properties in the area or have an adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses. The result of the
proposed grading will not change the intended residential use of the Property so there
should be no change in the use and enjoyment of adjacent properties resulting from the
export of fill materials . However, activity of exporting approximately 500 cubic yards of fill
and active grading of the Property can have a temporary adverse impact on neighbors. The
import, and grading work on the Property as well as the forthcoming construction of the
proposed home could result in additional noise, dust, vibration and traffic on the haul routes
and immediate neighbors . To the degree possible, negative impacts should be limited and
mitigated .
10. Provided with screen ing and buffering adequate to mitigate undesirable views and activities
likely to disturb surrounding uses ; The finished grade will be vegetated and landscaped; it
should blend into the Property and the neighboring propertie s . The project, once
completed , should not result in undesirable views requiring mitigation .
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C IT Y OF ORONO Apt-V'r
RESOLU TION OF THE CITY COUNCIL
675 8 N O.---------
11. Not create a nuisance which generates smoke, noise , glare, vibration, odors, fumes , dust,
electrical interference, general unsightliness, or other means; See #9 above.
12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a
demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access;
The Applicant will be required to keep debris off of the public roadways. The noise resulting
from the trucks hauling and equipment moving the material in and around the site should be
minimized to the extent possible. Casco Point Road is a dead end road . The grading project
will be monitored by the City Engineer and planning staff so as to minimize nuisances during
the project.
13 . Designed to take into account the natural, scenic, and historic features of the area and to
minimize environmental impact; This standard requires that the project be designed to
take into account the natural , scenic, and historic features of the area and to minimize
environmental impact. The long term effect of the project should result in minimal
environmental impacts. The project will be monitored by the City, to prevent erosion from
the site .
14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public
right-of-way or neighboring residential uses or districts; There should be no lighting or glare
resulting from the grading project; and
15. Not detrimental to the public health , public safety , or general welfare . The Applicant will be
required to keep debris off of the public roadways . The noise resulting from the trucks
hauling and equipment moving the material in and around the site should be minimized to
the extent possible . Casco Point Road is a dead end road . The grading project will be
monitored by the City Engineer and planning staff so as to minimize nuisances during the
project.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
CUP pursuant to Orono Municipal Zoning Code Sections 78-967 and 78-1286 to allow import of
fill material in e xcess of 500 cubic yards; subject to the following conditions :
1. Council approval is based on the entire record , above Findings.
2 . The approved project shall conform to the survey dated March 21, 2017 by Carlson
McCain submitted by the Applicant and annotated by City staff, attached to this Resolution
as Exhibit A.
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C ITY OF ORONO /'~
RESOLUTION OF THE CITY COUN CIL
NO . __ -6 _7.____..5.........,....8 __
3 . The Applicant shall comply with the City's and MCWD's erosion control regulations .
4 . The Applicant shall conform to the City Engineer's requirements at the time of the building
permit.
5 . Hauling shall occur during allowed construction hours only Monday through Friday 7 am
to 8 pm (and between 8 am and 8 pm on weekends and holidays).
6 . The street shall be swept daily , or as needed, to keep debris off of Casco Point Road .
7 . Contractor(s) shall post a contact number and be able to respond to complaints in a timely
fashion .
8. Any amendments to the plans which are not in conformity with City codes may require
further Planning Commission and City Council review .
9. Authorities granted by this resolution run with the Property not with the Applicant , but are
permissive only and must be exercised by obtaining a permit and commencing
construction of said project within one year of the date of Council approval , the conditional
use permit will e xpire on that date (May 8, 2018).
10. Violation of or non-compliance with any of the terms and conditions of this resolution may
result in the termination of any authority granted herein .
ADOPTED by the Orono City Council on this 81h day of May, 2017.
ATTEST : CITY OF ORONO:
Dennis Walsh, Mayor
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CERTIF ICATE OF SURVEY
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NORTHEASTERLY HALF OF LOT 4, BLOCK 6,
TO WNSI TE OF LANGDON PARK,
HE NNE PI N COUNTY, MI NNESOTA
PRELIMINARY
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ST A TE OF MfNNESOT A )
) ss
COUNTY OF HENNEPIN )
The undersigned , being duly qualified and appointed City Clerk of the City of
Orono, Minnesota , certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on May 8, 2017 with the original thereof on file in my
office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 8111 day of May, 2017.
(seal)
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Anna Carl so n, City Clerk