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Home My WebLink AboutResolution 3517 •� � rj . O� � CITY of ORONO O ��, O • . ��:��=� „� RESOLUTION OF THE CITY COUNCIL ,�,�,� ��, _a,�' �, NO. � � � e� ..� Y � ��9� og�G ESi; • A RESOLUTION GRANTING . � A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDNISION 19 FILE NO. 1989 WHEREAS, William J. Stoddard (hereinafter the "applicant") is the owner of the property located at 260� Kelly Avenue within the City of Orono (hereinafter "City") and legally described as: Lot 5, Block 5, including adjoining vacated 34' of Kelly Avenue, Townsite of Langdon Park, City of Orono, Hennepin County, Minnesota (hereuiafter the "property"); and � • WHEREAS, the applicant has applied for a conditional use permit to allow the excavation of a 60' x 60' pond within the street yard of his lakeshore property involving land alterations proposed at a maximum 600 cubic yards where the Code requires conditional use permit approval for land alterations in excess of 100 cubic yards. NOW, THEREFORE, BE IT RESOLi�ED by the City Council of Orono, Minnesota: FINDINGS � � 1. This application was reviewed as Zoning File #1989. 2. The property is located in the LR-1B Single Family I.akeshore Residential Zoning District requiring one acre in area. The property consists of 73,008 s.f. or 1.68 acres. 3. The Orono Planning Commission reviewed the application on January 17, 1995 ancl recommended unanunous approval of the conditional use permit as amended based on the following findings: a. The proposed excavations will have no impact on the City's proposed storm water improvements for the Kelly Avenue neighborhood. ,• . 0 Page 1 of 4 � ►mn 5005 ask Orono � ��' CITY of ORO 0 NO O y � � �:e�=� ,� RESOLUTION O�'I�E�C� COUNCIL � ±� , . ,� ` �Y �a,=�' ti NO. ti ��9� og�G ESS � b. The proposal as amended will present no hazards for the public who use the adjacent public roadway. c. The applicant's proposal has received approvals from the Minnehaha Creek Watershed District and Army Corps of Engineers. d. The proposal will have no negative impacts on the adjacent residential properties within the immediate Kelly Avenue neighborhood. 4. The City Council finds that granting a conditional use permit to allow the creation . of an open water area or Type 3 wetlands within the street yard of this lakeshore property will not be detrimental to the health, safety or general welfare of the public, would not adversely afiect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding properry 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 fmdings 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 Based upon one or more of the above fmdings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the excavation and creation of a Type 3 wetland involving the movement of approximately 600 cubic yards of fill within the street yard of the lakeshore property, subject to the following conditions: 1. Applicant shall apply for a land alteration permit from the City before.work can commence. Applicant or applicant's contractor shall provide the following information with the permit application: � a. Grading plans showing cross-section/profile of wetland to reflect � graduated banks not to exceed 3:1 slopes and a maximum depth at the • middle of wedand to not exceed 8 feet. Page 2 of 4 � Fam5005 DiskOrono . > . � O� . O `� O CITY of ORONO • �':��=� .� RESOLUTION OF THE CITY COUNCIL ��',, '`1��, ��;=�' �ti NO. e�—.� � � ��9x og�G ESII b. Planting schedule noting types of aquatic vegetation to be planted within wetland area and the location of these plantings. c. All use of boulders adjacent to the wetland shall be discouraged. If there is a need to provide barrier to this area, it must be done with natural plantings or berming. d. The area shall be restored so that it shall remain in a natural wetland state not requiring grass cutting or trimming of vegetation within defined • . wetland. . 2. The entire disturbed area within the private property and the right-of-way of Kelly Avenue is to be restored by seeding in the spring of 1995. Applicant shall continue to work with the Public Works Department regarding additional improvements within the unimproved right-of-way of Kelly Avenue. • 3. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by applicant obtaining an application for a land alteration permit within one week of the date of Council's � approval or this conditional use permit will expire on that date (January 30, 1995). 4. 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 authoriry granted herein, and shall be punishable as a misdemeanor. 5. The undersigned owner 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 23rd day of January, 1995. • Pa e 3 of 4 g � Fam5005DiskOrono � . ►- � o� , O �� O CITY of ORONO • ��=� � RESOLUTION OF THE CITY COUNCIL � � �l .L� �� NO. � � � '� 0 ��9� og�G . . ESS . ATTEST: � � ' Dorothy M Ha lin, City Clerk Edward J. Callah , Jr., Nlayor Prope wner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) iThe foregoing instrument was ackno��ledged before me on this 23rd day of January, 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 instrument was executed on behalf of the City. � � . JAMIE L.BOSMA . :y'•" : �• NOTARYPUBLfC-MINNESOTA �„�J ' ' HENNEPIN COUNTY s �,• -�•• My Commissfon Fxpires Jan.31,2000 Notary lic STATE OF MINNESOTA ) � ) ss. COLINTY OF HENNEPIN ) On this 3 C�'�'�" day of , 199 S , efore me a Notary Public within and for said County,persona 1 appeared ' ' known fo me to be the person(s) described in and who execut the foregoing i trume , and acknowledged that he (they) executed the same as his (their) free act and deed. • a •�•. JAMIE L BOSMA Nota blic •V `` ' NOTAAY PUBLIC-MINNESOTA -t, • ' HENNEPINCOUNTY • . ��•••` My Commission Fxpires Jan.31,2000 --� -�� Page 4 of 4 � Farm5005Disk0iono