HomeMy WebLinkAboutResolution 3420 f . '
� ��' CITY of ORONO
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE SECTIONS 10.55,
SUBDIVISION 8 AND 10.56, SUBDNISIONS 16(J&L)
AND GRANTING A CONDITIONAL USE PERMIT
PER SECTIONS 10.03, SUBDIVISION 19,
SECTION 10.55, SUBDIVISIONS 10-12,
AND SECTION 10.56, SUBDIVISION 16(�(4b)
FILE NO. 1881
WHEREAS, John E. Whitman and Donna M. Whitman (hereinafter the
� "applicants") are owners of the properry`located at 1570 Sixth Avenue North within the City of
Orono (hereinafter "City") and legally described as Tract A, RLS No. 1418, Hennepin County,
Minnesota and have been granted an easemerit that permits the construction and extension of
roadway across Tract E of said RLS (said Tracts A and E hereinafter referred to as "the
• property") ; and
WHEEREAS, the applicants have made application to the City of Orono to permit
� the construction of a private driveway crossing of a protected tributary requiring variances to
Section 10.55, Subdivision 8 which prohibits filling, grading and excavation within 26' of the
Flood Plain and Wetland Conservation Area, and a variance to Section 10.56, Subdivision 16
(J) (2&3) which prohibits grading, filling and excavating within 75' of the Ordinary High Water
Level of a protected tributary, and a variance to Section 10.56, Subdivisions 16 (L) which
prohibits placement of hardcover within 75' of a protected tributary, and which project requires
a conditional use permit per Section 10.03, Subdivision 19 for grading and filling in excess of
100 cubic yards, and a conditional use permit per Section 10.55, Subdivisions 10 through 12 for
construction of a "bridge" over a stream in the Flood Fringe District, and a conditional use
pernut per Section 10.56, Subdivision 16 (J) (4b) for movement of more than 100 cubic yards
of material within the Shoreland District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1881.
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2. The properry is located in the RR-1B Single Family Rural Residential Zoning
District.
3. The creek in question is a public water of the City of Orono classified as a
tributary stream per Section 10.56, Subdivision 7 (D), and is within the Flood
Plain and Wetland Conservation Area protected by the City as defined in Section
10.55, Subdivisions 4 (B) and 5 (A).
4. The Orono Planning Commission reviewed this application on April 18, 1994 and
recommended approval of the proposed variances and conditional use permit for
construction of a driveway and stream crossing based on the following findings:
a. The tributary stream in question leads from Holy Name Lake in Medina
to Long Lake in Orono. The intent for the creek crossing is to provide
access to the rear 1.5 acres of the property, to allow maintenance of that
• property (dead tree removal, etc.) and potentially for construction of an
accessory building at some future date.
b. Applicants' hardship to support the necessary variances is that without the
creek crossing, he has no access to the rear of the property for the
necessary maintenance of that property, and without the crossing has
extremely limited use of that portion of his property.
c. Minnesota Department of Natural Resources staff have confirmed that no
DNR permit will be required. A Minnehaha Creek Watershed District
(MCWD) permit will be required and is currently being processed.
d. The City Attomey has confirmed that applicants have obtained a
declaratory judgment from Hennepin County District Court confirming
that applicants' easement gives them the right to construct a driveway
within Tract E. The driveway and crossing will be constructed within
Tracts A and E.
e. The total length of driveway to be constructed is approximately 450' and
will involve the movement of approximately 1,000 cubic yards of
material. A significant portion of the stream crossing fill will likely be
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generated from construction of the driveway although some importation
of fill may be necessary.
. f. The City Engineer has reviewed the site and has recommended approval
of the plan subject to revising the slopes on the stream crossing from 2:1
to 3:1, and subject to MCWD's approval of the culvert size.
g. The Shoreland Regulations Section 10.56, Subdivision 16 (� provide a
number of considerations and conditions ("Best Management Practices")
that applicants will be required to adhere to during construction of the
driveway and stream crossing to minunize and eliminate erosion and
sed'unentation during construction.
h. It is imperative that the applicants complete the project in a timely manner
once it is commenced to limit potential for erosion problems.
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5. The proposed driveway and stream crossing by virtue of the intent to use it for
vehicular travel, is considered as containing hardcover regardless whether it is
paved or not. At the proposed 12' width, the driving surface will comprise
approximately 1,860 s.f. of hardcover or approximately 1.5% of the 130,000 s.f.
0-75' zone.
6. The City Council 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 variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properties; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship 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.
7. The City Council finds that granting a conditional use permit to allow the
construction of a driveway and crossing of the protected tributary 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 it depreciate surrounding property values and that the
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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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to allow filling,
grading and excavating within 26' of the Flood Plain and Wetland Conservation Area, a variance
to Section 10.56, Subdivision 16 (J) (2&3) to allow grading, filling and excavating within 75'
of the Ordinary High Water Level of a protected tributary stream, and a variance to Section
10.56, Subdivision 16 (L) to allow hardcover within 75' of a protected tributary and grants a
conditional use permit per Section 10.03, Subdivision 19 for grading, filling and excavating in
excess of 100 cubic yards, and per Section 10.55, Subdivisions 10 through 12 for construction
of a "bridge" over a stream in the Flood Fringe District, and per Section 10.56, Subdivision 16
(J) (4b) for movement of more than 100 cubic yards of material within the Shoreland District,
• subject to the following conditions:
1. Applicants shall obtain a land alteration permit from the City prior to
commencing construction.
2. Prior to commencement of construction and prior to the City's issuance of a land
� alteration permit, applicants shall execute a Developers' Agreement to include
provision of a letter of credit covering the potential cost of restoration should the
project be started and not completed in a timely manner. A specific and finite
time frame for completion and restoration shall be established as part of the
Developers' Agreement.
3. Construction of the driveway and crossing may not commence until the
Minnehaha Creek Watershed District has issued a permit. �
4. Applicants shall construct the crossing with 3:1 finished slopes rather than 2:1
slopes.
5. The culvert for the stream crossing shall be sized per MCWD requirements.
6. The hardcover driving surface of the driveway shall not exceed the proposed 12'
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width at any location within 75' of the OHWL of the tributary.
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7. Once the stream crossing work is commenced, it shall proceed to completion and
revegetation with all due haste to eliminate the potential for erosion problems.
8. Appropriate erosion control and site protection measures in accordance with "Best
Management Practices for Protecting Water Quality in Urban Areas" shall be
maintained during all phases of construction.
9. Authorities granted by this resolution run with the property not with the owners,
� but are permissive only and must be exercised by application for a land alteration
permit and execution of a Developers' Agreement within one year of the date of
Council approval or the special conditions of this resolution will expire on that
� date (May 9, 1995). �
• 10. 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.
11. The undersigned applicants 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.
Adopted by the Orono City Council on this 9th day of May, 1994. `
ATT T:
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orothy M. al in, City Clerk ward J. Callah , r., ayor
. r rry Owner(s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 9th day of May,
1994, 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.
LINDA S. VEE � - �
NOTARY PUBLIC - MINNESOTA
HENNE{�IN COUNTY Notary Public
� ;.� My commission expires 8-12-96
STATE OF MINNESOTA )
) ss. ,
• COUNTY OF HENNEPIN )
� On this (�� day of Se p-�evr� b�� , 199 � , before me a Notary Public
withinandforsaidCounty,personallyappeared /ohn � Wh;�rna� � Danna (�h �-1"rhun, ry�r���P�
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.
�, LINDA S. VEE ' ' /�
NOTARY PUBLIC - MINNESOTA �JZGC,V � V�Q��
� �:
HENNEPIN COUNTY
^^�v' My commisslon expires 8-12-96 Notary Public
.:�.
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
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RESOLUTION # e7 4 0
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
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 May 9 , 19 94 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
12th , day of May , 19 94
D othy allin , City Clerk
(SEAL)
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HENNEPIN OF TITLES
COUNTY. MINNES07:.
CERTIFIED FILED ON
OCT 21 1994 10��
RE :STRAR OF TITLES
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