Loading...
HomeMy WebLinkAbout1986-02-24 Resolution 1933# ■■■ 'j r-^^-%-. ' I.^Isiy.. I •■iS. .i ,? %■- e V / f^te^^^CXK Dt^ , City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1933________ A RBSOLOnOM GRAMT1I16 A VARIAMCB TO HCmiCIPAL SOHIIIG COOB SBCTION 10.55, SUBDIVISIOM 8 AMD GRAMTIN6 A COMDITIOIIAL USB PBBNIT TO NOMICIPAL S0NIM6 CODB SBCTIOM 10.03, SUBDIVISIOM 19 PILB #1005 WBBBBAS, N.E.D., Inc. (hereinafter "the applicant") is the owner of the property located at 1285 French Creek Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 6, Block 1, French Creek: P.I.D. #10-117-23 32 0005 Lot 7, Block 1, French Creek; P.I.D. #10-117-23 32 0006 Lot 8, Block 1, French Creek; P.I.D. #10-117-2? 32 0007 i^Lot 9, Block 1, French Creek; P.I.D. #10-117-23 32 0008 Outlet B, French Creek; P.I.D. #10-117-23 23 0004 (hereinafter "property"); and MBBRBAS, the applicant has made application to the City of Orono to permit the regrading and dredging of a designated wetland retention basin (known as "Pond A" of the French Creek Plat) for aesthetic and wildlife purposes. I Minnesota: MOM, THBRBFORB, BB IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile #1005. 2. The property is located in the RR-lB Zoning District. 3. The Orono Planning Commission reviewed this application on February 18, 1986, and recommended approval of the proposed variance to Section 10.55, Subdivision 8 and recommended approval of a conditional use permit for the regrading of Pond A based on the following findings: A) The proposed grading will not have a significant effect on the water quality of the watershed or on the hydraulics of the local drainage system. B) The pond serves as a debris and silt collection basin, and this will not change as a result of the proposed grading. The pond is part of a drainage system serving the Crystal Bay neighborhood. Page 1 of 4 \ 4 0 ■ i; - ^ 9 City of ORQNO RESOLUTION OF THE CITY COUNCIL NO. 1933________ s*. 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 before 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 Pond "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. COMCLUSIOHS, ORDER AMD 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 stream watershed. Page 2 of 4 1 ..i I 1 ,^i r-^-^ ? iW *. i :^' f. 'if^Sfw;';.^ City of OROIVO .< ?^ r ofto RESOLUTION OF THE CITY COUNCIL NO. 1933 2. k si.V. <>nce and hay bales as necessary shall be installed at the outlet during construction. 3. The ^-^pplicant is advised that this project nay be subject to pemit by Lhe Minnehaha Creek Watershed District. C-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. • Applicant is advised that future maintenance dredging of this ond will require a new conditional use permit application and 5 pond review. €. 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, 1966. ATTEST: J \ xothy M/^allin," CityCl^k Tim Adams, ^ting Mayor °VVd? nrSacQ ♦*Property Owner Page 3 of 4 ■i*, % 5 i if f y \ r^. I1"1 city of OROINO i RESOLUTION OF THE CITY COUNCIL NO. 1933________ STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this before me appeared the person 2.©4^day of d for said a o , 1986a Not^y Public within and A/ets, TUA^mAJ s A^.g*. /a;c . >n(s) described in and who instrument# and acknowledged that he (they) executed the same as his (their) free act and deed. county# persona1ly ______ known to me to be executed the foregoing f.e£ ns*»« ev NO f AJL OTARY PUBLIC yy Jt/A/g //. /9&7 MY COMMISSION EXPIRES STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of _» 1986# before mea 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 MY COMMISSION EXPIRES Page 4 of 4