HomeMy WebLinkAboutResolution 3321 , � ., � � . .
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
� PER MUNICII'AL ZONING CODE
SECTION 10.03, SUBDIVISIONS 19 AND 20
FILE NO. 1852
WHEREAS, Howard F. Eisinger (hereinafter the "applicant") is the owner of the
property located at 3245 Wayzata Boulevard within the City of Orono (hereinafter "City") and
legally described as: �
PID: 32-118-23 14 0002
Section 32, Township 118, Range 23, commencing at a point in the East line of
Govemment Lot 1 distance 393.24 feet South along said line from the South line of State
Highway No. 12 thence at right angles West froin said East line 418 feet thence at right
• angles North 393.02 feet to South line of highway thence West along said highway line
to West line of said Lot 1 thence South along said West line to Northerly line of Great
Northern Railroad right-of-way thence Southeasterly along said right-of-way lme to East
line of Lot 1 thence North to beginning (hereinafter "properry"); and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit the filling of 70,000 cubic yards of fill to be placed over a former dump site
of approxunately 12 acres in area per Municipal Zoning Code Section 10.03, Subdivisions 19
� and 20. �
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: .
FINDINGS
1. This application was reviewed as Zoning File #1852.
2. The property is located in the RR-1B Single Family Rural Residential Zoning
District.
3. On June 8, 1987, the Orono Council approved Application #1108 granting a
permit to the applicant to allow the filling of 100,000 cubic yards of clean fill per
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the conditions set forth in Resolution #2197. The applicant never received fill
under this conditional use permit.
4. On April 13, 1992, the Orono Council approved Application #1722 granting a
permit to allow the filling of 10,000 cubic yards of clean fill per the same
conditions of the original resolution and repeated in Resolution #3108. The
10,000 cubic yards of fill were placed on the property.
5. On October 26, 1992, the Orono Council approved Application #1766 granting
a third conditional use permit to allow the filling of an additional 20,000 cubic
yards of clean fill, subject to the same conditions set forth in the previously
approval resolutions. � .
• 6. The applicant has met with staff, the City Engineer and a representative of the
Orono Police Department to review hauling route from the fill project in
Wayzata, and special conciitions established by City for the hauling of fill to the
site.
7. The 70,000 cubic yards of fill will result from a joint project between the
Minnehaha Creek Watershed District and the City of Wayzata referred to as the �
Gleason Creek Improvements - Basic Water Management Project involving the
excavation of two large ponds and sedimentation basins to reduce flooding in the �
City of Wayzata: Material will be hauled to the site by tandem and/or truck and
trailer. The haul route will be from Wayzata via Highway 12 through Long Lake
to the fill site. Hauling fill will commence some time in the fall of 1993.
8. On August 16, 1993, the Orono Planning Commission reviewed the current
application as proposed and recommended unanimous approval of the conditional
' use permit based on the following findings:
A. Current proposal resulting in a total of 100,000 cubic yards of fill will
have no negative impact on the surrounding wetlands or intersecting
drainage ways.
B. Adjacent property owners have been advised of the applicant's proposal
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and none have voiced objection or submitted written opposition to the
City.
� C. The current filling project shall be conducted and guided by special
� conditions set forth in this resolution and has been found to not present
� any detriment to the public fiealth, safety, or welfare or to be materially
injurious to properties or improvements in the vicinity.
D. During the reviews of the three earlier conditional use permits and the
�current conditional use permit, Braun Engineering's letter of May 28,
1987 was considered by the City and in consideration of the placement of
approximately 100,000 cubic yards of fill over the former dump site the
report read as follows: ". . . It is our opinion that the addition of 5' of
fill over the area presents a very 'slight risk of embankment failure."
• E. The previous conditional use permits and current application shall involve
� the filling of a total of 100,000 cubic yards of clean fill.
9. The Council finds that granting a conditional use permit�to allow the filling of an
additional 70,000 cubic yards of clean fill as approved by the City Engineer will
not be detrunental 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 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. �
10. The City Council has considered this application as proposed 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 communiry. �
CONCLUSIONS, ORDER AND CONDITIONS
� Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 and
20 to permit the placement of an additiona170,000 cubic yards of fill on the former dump site
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that has already received 30,000 cubic yards subject to the following conditions:
� 1. The applicant or applicant's agent must adhere to the following guidelines at the
time of filling:
A. � Side slopes 5:1 ratio. ��
B. 1% slope to be maintained within the inner �11 area.
C. � Silt fence to continue to be maintained 30-35' from wetland at 972
elevation - no land alterations allowed within 26' of wetlands.
D. Periodic seeding should be conducted during the course of the approximate
two year project and that mixture� number of 700 seed shall be used for
• seeding disturbed areas.
2. Applicant to provide an updated Developer's Agreement and appropriate security
. to ensure final grading and seeding if fill project is not completed under the
current conditional use permit.
3. It shall be applicant's or applicant's agents' responsibility to advise the City of
� the schedule of hauling activities so that the staff can arrange for the necessary
. . inspections and alert the Police Deparnnent of hauling activities.
4. Hauling activity shall not be conducted during the following time period: 6:30
a.m. to 8:3.0 a.m. and 4:00 p.m. to 6:00 p.m.
5. Applicant is hereby advised that prior to the City considering any future request
to fill above the current 100,00 cubic yards now approved for the property,
applicant shall submit a geotechnical study of the area to determine if there would
be a potential impact created with the additional fill.
6. The City Engineer cautions in his current report dated August 6, 1993 that the
area may not accommodate much more fill before it begins to stand out from the
existing topography. It is not clear from applicant's representations as to future
plans for the property what purpose would be served by adding additional fill to
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the site.
7. The applicant shall cease all hauling to the site upon evidence of shearing and/or
other signs of instability created by filling over the former dump site. Applicant
shall not proceed with hauling until the City Engineer has had adequate time to
review the evidence and submit a written report to the Council for their review
and action. If Council determines that it is in the public interest to cease all
hauling to the site, this conditional use permit shall be terminated 'unmediately
and the applicant shall complete the fmal grading and seeding of the entire
disturbed area.
8. It shall be the responsibility of the applicant or applicant's agent to provide a final
filling and grading plan for placemerit of the additional 70,000 cubic yards of fill
prior to applicant hauling fill to the site under the current conditional use permit.
• 9. Applicant or applicant's agent is responsible for updating all previous permits
issued by Minnesota Pollution Control Agency, Hennepin County Department of
Environment and Engineering and Minnehaha Creek Watershed District before
the Orono staff can issue a land alteration permit under the cunent conditional
use permit for 70,000 cubic yards of fill.
10. Authorities granted by this resolution run with the properry not with the owner,
but are permissive only and must be exercised by application for a land alteration
permit within one year of the date of Council approval or this conditional use �
permit will expire on September 13, 1994. Upon the issuance of a land alteration
permit, said permit shall be valid through September 13, 1995.
11. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constitute a violation of the Zoning Co�ie, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
12. The undersigned applicant has read, understood and hereby agree 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.
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Form 5005 ask da�
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a � RESOLUTION OF TI� CITY COUNCIL
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Adopted by the Orono City Council on this 13th day of September, 1993.
AT ST:
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orothy M. al 'n, City Clerk dward J. Callah , Jr., Mayor
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Property Owner(s)
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STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of September, 1993,
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.
�,
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Notary Public
CAROLE A. HASEMAN
NOTARY PUBLlC--MINNESOTA
i HENNEPIN COUNTY
MY COA;',i:^.,^,IC�I EXPIRE3 8-23•.S"'o
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� �' CITY of ORONO
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• �� '"� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 0�_day of �P cel-►�,6�✓ �� , 199 3 ,before me a Notary Public
within and for said County,personally appeared�o,,,�a�� �J s i n QP./ �/I�w�/ �. �i's�h y e�; M a r�,'e�
known to me to be the person(s) described in and who execu d the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
� �/.�-2�
q LINDA S. VEE
NOTARY PUBLIC - MINNESOTA No ary Public
HENNEPIN COUNTY
N1y comrr,isslon expires &12-98
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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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