HomeMy WebLinkAboutResolution 5658CITY of ORONO
RESOLUTION OF T E CITY COUNCIL
NO, a�65�
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 78-967
FILE NO. 07-3307
WHEREAS, Dean C. Leischow and Kelly C. Leischow, husband and
wife (hereinafter "the Applicants") are the owners or—the property located at 1200 Old
Crystal Bay Road South within the City of Orono (hereinafter the "City") and Iegally
described as follows:
Lot 1, Block 1, Breckenridge, Hennepin County, Minnesota
(hereinafter the "Property"); and
WHEREAS, during the construction of the Applicants' new residence a
large retention pond was excavated on the property. During an inspection of the new
home, Orono's building inspector noted that the size of the pond and amount of
associated grading exceeded the size and amounts approved with the building permit for
the neva home. The building inspector issued a "stop work" notice' and instructed the
Applicants to reduce the size of the pond or contact Planning Staff; and
WHEREAS, the Applicants have made application to the City of Orono
for an after -the -fact conditional use permit per Orono Municipal Zoning Code Section
78-967 to allow grading and continued construction of the larger sized pond located on
the Property in excess of 500 cubic yards.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 07-3307.
2. The Property is located in the RR — 1B, Zoning District which requires a
minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The
applicants' Property is 2.57 acres and 294 feet in width.
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RESOLUTION OF THE' CITY COUNCIL
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3. The Planning Commission reviewed this application at a public hearing
held on August 20, 2007 and recommended approval of the conditional
use permit on their Consent Agenda based on the following findings:
a. The Applicants have demonstrated compliance with City Engineer's
recommendations regarding size and safety measures for the pond.
The Applicants intend to utilize water from the pond to irrigate their
lawn.
b. The pond as proposed will have no. negative affect on the adjacent
properties.
c. The Property exceeds the 2.0 acre minimum lot area requirement
4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
conditional use permit on the health, safety and welfare 'of the community.
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 conditional use permit would not adversely affect
traffic conditions, light, air nor pose a fire hazard or other danger to
neighboring property; 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
applicants; and would be in keeping with the spirit and intent 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 conditional use permit per Orono Municipal Zoning Code Section 78--967 to
allow grading in excess of 500 cubic yards for the construction of a stormwater retention
pond located on the Property, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A. Any
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amendments to the site plan which are not in conformity with City codes or this
approval will require further Planning Commission and City Council review.
2. Prior to the issuance of a final Certificate of Occupancy, the Applicants shall
submit an "as -built" survey reflecting compliance with all of the zoning district
requirements as well as City Engineer's recommendations including but not
limited to the following:
a. The submittal included an as -built survey dated 7-16-07. The contours
shown along the lot lines on the 7-I1-07 design plans do not match the
submitted as -built plan. Generally, the proposed contours are higher than
the as -built contours generating a concern of the need to create steeper
than allowed slopes or grade across lot lines. This needs to be resolved.
b. The design plans show 2:1 slopes on the downhill side of the pond. These
grades must be modified to 3.1.
C. The design plans should show contours below the 10:1 bench showing the
overall depth of the pond.
I The grading plan must be revised such that no grading occurs within five
feet from property boundaries.
3. Authorities granted by this resolution run, with the Property not with the
applicants, but are permissive only and must be exercised by obtaining a building
permit for the new construction within one year of the date of Council approval,
or the conditional use permit will expire on that date (September 10, 2008).
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, understand and hereby agree to the terms
of this resolution and on behalf of the Applicants and the Applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the Property.
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CITY of ORONO
RESOLUTION �
N OF T�ECI� COUNCIL
Adopted by the Orono City Council on the 10"' day of September, 2007.
ATTEST:
LZnda S. Vee, City Clerk
4 f
Prop umer(s)
J es M. White, Mayor
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STATE OF MD INTSOTA
COUNTY OF HENNEPR°
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _ 56�g
This instrument was acknowledged before me this day o rte ek-q 20
by Dean C. Leischow, husband of Kelly C. Leischow.
STATE OF MNNESOTA
COUNTY OF HENNEPN
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This instrument was acknowledged before me this day of, 20K
by Kelly C. Leischow, wife of Dean C, Leischow. OA�W
RACHEL DODGE
NOTARY PURL) - MI
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OTA
MY Commission Expires Jan. 34.2010 Notary Public
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STATE OF ML'VNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on September 10, 2007, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 12'h day of Spptember , 2007.
City lerk
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