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Home My WebLink AboutResolution 3239 � . ., i' + � � O� O Q CITY of ORONO • \�'�,e�=� RESOLUTION OF THE CITY COUNCIL - � �� ' � � 3239 ,� � �, �� , NO. :, ti, ��9�, , o4�G . E3�I A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICII'AL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE NO. 1799 � WHEREAS, S. Albert Hanser (hereinafter the "applicant") is the owner of the property located at 1685 Fox Street within the City of Orono (hereinafter "City") and legally described as: � Lot 2, Block 1, Hanser Addition, Hennepin County, Minnesota (hereinafter "property"); and � WHEREAS, the applicant has made application to the City of Orono for a • conditional use permit to allow the excavation of a pond within a 8,000 s.f. area located within a drainage easement dedicated at the time of the platting of tlie Hanser Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #1799. ' 2. The property is approximately 2+ acres in area. 3. The Orono Planning Commission reviewed this application on February 16, 1993 and recommended approval of the conditional use permit that would involve land alterations within a public drainage easement based on the following findings: A) Permit Application #92-41 of the Minnehaha Creek Watershed has required the excavation of a sediment pond within the protected area , defined as drainage easement. • � Page 1 of 5 � Fam 5005 Disk Omno , 4' _ � � � �� O ,. O CITY of ORONO • �'�':��=' RESOLUTION OF THE CITY COUNCIL �`�',, ��i. .6,� ti � N0. 3239 ti �� og�G ESH B) The additional excavation to a 4-5' depth will not hinder the functioning of the pond as a sediment trap and in the City Engineer's opinion will enhance that function. C) All mature trees located within the drainage easement will not be removed as a result of the improvements. � D) The entire disturbed area shall be restored to its former natural state. 4. The City Council finds that granting a conditional use permit to allow the excavation of the sediment pond 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 its use depreciate surrounding property values and that the proposed level of use of the properry 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 fmdirigs, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to Albert and Sally Dodge Hanser that would allow the excavation of a sediment pond at approximately 5'3" deep within an 8,000 s.f. area located within a public drainage easement, subject to the following conditions: . 1. All excavated materials to be used for residential construction should be fenced off with silt fence for erosion control. All disturbed areas should be restored to their natural state. Excavated materials shall be placed so that surface runoff will not allow sediment or nutrients to flow back into pond or low areas that interact � with wetlands to northeast. 2. Applicants are encouraged to work with the City of Orono Public Works Department so that additional alterations proposed by City within drainage easement area can be completed at the same time. All exca�ation work must be completed within the winter months while ground is still in frozen condition. • . Page 2 of 5 � . Fwm5005 DlskOrom ;a � O� Q „ 0 CITY of ORONO • � �:��=� . RESOLUTION OF THE CITY COUNCIL � �� 3 :� ��, NO. 3239 '�► s, a�,� ��`9$ Og'�'G ESS 3. Authorities granted by this resolution run with the property not with the owner but are permissive only and must be exercised by application for a land alteration permit or the special conditions of this resolution will expire on that date , (February 22, 1994). � ; 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 authority granted herein, and shall be punishable as a misdemeanor. 5. 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 22nd day of February, 1993. A ST: � ' �, ��J 0 othy M. lin, City Clerk �J. iann Goetten,(A'cti g Mayor . /' . Property Owner(s) � � Page 3 of 5 ' � . . Fam5005IXsAdoro 4- � ' , O� � � CITY of ORONO O .�, � � O . • �,�� RESOLUTION OF THE CITY COUNCIL r� ��':; "� .'�+ ,� � -b�� , NO. 3239 � ��91t' Og'�'G . i E$fI . i i STATE OF MINNESOTA ) ) ss. I COUNTY OF HENNEPIN ) I f The foregoing instrument was acknowledged before me on this 22nd day of � February, 1993, by J. Diann Goetten & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � i � �/z'�i l<i.r��;�-��r.m,/ i r CAROLE A. HASEMAN - s NOTARY PUBLI�-MtNNESpTA Notary Public � HENNEPIN COUNTY - MY COMAAISSION EXPIRES 8�23�98 . �• My Commission Expires � Page 4 of 5 � � . � - , Fam5005 Diskqwa . .• � �; • . , � O� O :. � . O CITY of ORONO � `� ?;�� RESOLUTION OF THE CITY COUNCIL �! ��' �.3.::;. � 3239 '�'+� i. .b�,� c5' NO. ti ��9� o4�G Es8 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of .S-�,� ��2f' , 199 °j before me a Notary Public within and for said county,personally appeared .s. �-/be/f �I h S P� /1�Q/^�'r�� 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 `' � ,� (/�x�' .'� NOTARY PUBLIC - MINNESOTA � �:. HENNEPIN COUNTY N Y PUBLIC ` • �� My commission expfres &12-98 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 • � � , Page 5 of 5 � � � . . FarmSWS DiskOmno