HomeMy WebLinkAbout1984-12-29 Resolution 1692I-
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■ ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1692_ _ _ _ _
A RESOLUTION APPROVING THE PLAT OF
FRENCH CREEK - FILE NO. 840
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
, ,. . , the City Couiici] cf the City of Orono has adopted
subdivision regulations for the orderly, economic and safe
development of land within the City; and
WHEREAS, the City Council has considered the application for
subd^iv^id'eV*^ and^^^^ ^ Minnesota Corporation, the
WHEREAS, on August 27, 1984, the City Council granted
approval of a preliminary plat of the 17 unit Planned Residential
Development that designated the building and septic envelopes for each
of the pads (hereafter referred to as Development Plan). Each septic
envelope maintains a minimum 20 foot setback from each building
envelope and the boundary line of each pad. Each building envelope
maintains the approved building setbacks as follows-r 35 feet for front and rear yards
25 feet for side yards; and 5
WHEREAS, the Development Plan has been found to meet all
standards of the Planned Residential Development Code, On-Site Septic
Code and all other pertinent sections of the Zoning and platting Codes
that deal with the rural development of property within the City, so
that each pad can be developed as a single family residential unit
without the need of variances; and
WHEREAS, the subdivider has completed all requirements of
the platting regulations of the City, including:
1.
2.
Dedication of drainage and utility easements.
Dedication on the plat of right of way for a public road shown
as Hennepin County Highway No. 51.
3.Creation of a new private road shown on the plat as Outlot C,
to be known henceforth as French Creek Drive_ _ _ _ _ _.
4,Concurrent with the creation of this private road, the
Subdivider has dedicated to the City a Road and Utilities
Easement granting to the City permanent access, improvement
and utility easements over said Outlot; the Subdivider has
created non-exclusive ingress, egress, drainage and utility
easements over said .Outlot in favor of all abutting and/or
benefiting lots including a declaration of certain
maintenance covenants wherein each of the abutting and/or
benefiting lot owners covenants and agrees to permanently
maintain and pay the cost of maintenance for said private
rood. _ _ _ _ ^ - -—
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t City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1933
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C) The pond is relatively high in the water shed; any
overflow of runoff from this pond travels approximately one
mile through subsequent ponding and wetland retention areas
.jDefore entering Lake Minnetonka.
D) The basin area to be regraded is approximately 0.6 acres
in area.
E) Because of the sedimentation and debris collection
characteristics of the basin, protective measures are needed
during the regrading work to eliminate any effect on the
downstream watershed.
5. 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 variance
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 applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
6. The City Council finds that granting a conditional use permit
to allow the regrading of Pend "A” of French Creek 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 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 the regrading of a designated wetland
retention basin, and grants a conditional use permit for the regrading
of Pond A, French Creek Subdivision, subject to the following
conditions:
1. A timber baffle outlet structure meeting the approval of the
City Engineer shall be constructed to eliminate floating debris
from entering the down «::ream watershed.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1933
2.
at
A silt fence and hay bales as necessary shall be installed
the outlet during construction.
3. The applicant is advised that this project may be subject to
permit by the Minnehaha Creek Watershed District.
4. Spoil material shall be placed on high ground on the property
in a location to be approved by the City Engineer, shall be
seeded to establish a vegetative cover, and shall be protected by
silt fence and hay bales as necessary to eliminate erosion during
revegetation.
5. Applicant is advised that future maintenance dredging of this
pond will require a new conditional use permit application and
review.
6. Applicant or his agent shall obtain a grading and excavation
permit per the current fee schedule prior to commencement of the
work.
7. 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.
8. 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 24th day of
Feb^ary, 1986.
ATTEST:
jfothy M//Hallin,' City Clerk
I
Tim Adams, Acting Mayor
f"Property Owner
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _1933_________
STATE OF MINNESOTA )
) ss.
COUNTY OP HENNEPIN )
4^day of , 1986On this -- - -- ~ - - -
before me a Notary Public within and for said county, personally
appeared ?V^rp/0 . /U.g~. b. /Nd , known to me to be
the person(s) describedinandwhoexecuted the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
P
^0%NOTARY PUBLIC
j j/, /9&y
MY COMMISSION EXPIRES
<
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this _ _ _ _ _ _ _ _ _ day of , 1986, before me
a Notary Public within and for said County, personally appeared
_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ known to me tu 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
MY COMMISSION EXPIRES
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