HomeMy WebLinkAboutResolution 1606 , �,y
;.� � �� •�
Clt� o� ORONO
• � • RESOLUTION OF THE CITY COUNCIL
� NO. 1606
• � • • .
� A RESOLUTION GRANTING A CONDITIONAL IISE PERMIT
. PER MUNICIPAL ZONING CODE SECTION 31.7H0 - FILE #803
'
WHEREAS, Timothy Adams (hereinafter "applicant") has an
interest in the property legally described as Lot 18, Block 1 , Farm at
Long Lake (hereinafter "the property") , locat.ed within the City of
Orono (hereinafter "City") ; and
WHEREAS, the applicant has applied to the City for a
Conditional Use Permit for land alteration as required by Municipal
Zoning Coc�e Section 31.7D�1 to allow the excavation of a pond on the
property. -
NOW, �HEREFORE, BE IT RESOLVED by the C i ty Co unc i 1 o f Or ono ,
Minnesota : '
� Findings
� 1 . Th� application was reviewed as Zoning File No . 8d3 .
� . 2. The property is located in the LR-lA Lakeshore Residential
Zoning District. .
3 . The pond will be located at the luwest point where soils are
predominately a Glencoe silty clay loam with a seasonal water
table near or at the ground surface.
4. The purposeof the pond is predom'inatelyaesthestic , although
° it will serve as a skating pond in the winter months .
5. The pond wi11. be excavated so as not to exceed a depth of 5 feet
and cover an area of approximately 12,�10� or one-fourth of an
acre. "
6. The area of the pond is not classified as a wetlands, but once
constructed , the pond will now be reclassified as a wetlands
for the purpose of dry land area calculations in a potential
resubdivision of the property.
7. On January 1�, 1984theOrono PlanningCommissionapproved the
. conditional use permit application based on the following
� findings:
` a) The proposed pond is not located in a designated wetlands nor
does the existing vegetation suggest that the area serves as a
temporary, seasonal retention area . <
„ � ,
Clt� o� ORONO ,
• � .
RESOLUTION OF THE CITY COUNCIL
NO. 1606
•
• � • •
The property is shaped as a bowl. The� proposed pond will be
located at the lowest point within that bowl. The site is
isolated by land ridges and far removed from any designated or
local drainageways.
c) The pond will function as an independent collector area and
will not drain or overflow into the surrounding wetlands via
local drainageways.
8 . The City has received no negative comments from the
surrounding property owners notified during the review of
application No. 803 .
9 . The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by staff and comments of the applicant and the effect
of the propos.ed land alteration on the health, safety and �
welfare of the community. '
• 10 . The City Council finds that granting a Conditional Use Permit
to excavate a pond as proposed 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 land alteration and
, the manner in which the excavation is to be carried out to be in
keeping with the intent and objectives of the Zoning Code and
• Comprehensive Plan of the City.
. Conclusions, Order and Conditions �
Based upon the above findings, the Orono City Council hereby
grants a conditional use permit as required per Zoning Ordinance
31.700 to permit the excavation of a pond subject to the following
conditions : '
� l. Prior to the issuance of a land alteration permit by the City,
the applicant must provide construction plans for the
proposed improvement and a topographical plan designating �
� existing and proposed contours for the property for staff '
review and approval. The applicant will pay to the City all
additional costs incurred for the review of these plans.
2. The City will not approve any changes in land contours that may
• create drainage problems for surrounding properties or
redirect drainage onto surrounding properties.
, : :
• �
Clty o� ORONO ,
RESOLUTION OF THE CITY COUNCIL
NO. 1606
• �
• � • •
3 . Authorities granted by this conditional use permit run with
the property 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 that date (February 27 ,
� 1985 ) .
4 . Violation of or non-compliance with any of the terms and
conditionsof 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 owner has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself , his
. heirs, successors and assigns, hereby agreesto the recording
of this resolution in the chain of title of the property. �
Adopted by the Orono City Council on this 27 day of
• February , 1984 .
ATTEST: '
�����%C�/I�G� ��
Alberta M. Strom, City Clerk mas Frahm, Acting Mayor
a �, �(� ~ � ,�. .
Prope ty Owner(s )
�e �-c.c 1,�� �i'F- �-c�tiy �a �c L.,— .
�J
Property Owner(s ) � .
�
Property Owner(s )
• � /
i / � • y
� �
Cit� o� ORONO ,,
RESOLUTION OF THE CITY COUNCIL
' NO. 1606
•
• � • •
STATE OF MINNE�OTA )
) ss .
COUNTY OF HENNEPIN 1
On this �,,,�� day of ��3,�V�j/2�/__,_, 1984 , before me a Notary
r-- -r--- -T--�- �
Public wit in a d for said County, personally appeared
�_�1 O.=/`�Y�,�M S __ _ � 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 .
^•�)'/• � .
� DOROTHY M. HA�� ARY PU C � ���
r �
���: NOTARY PU$LIC.�,NM�N�T
�., HENNEPIN CpUNTY
• IuY commlaalon�xpkrs i91.N O�� ///�O
�.r. �� 7
MY OMMISSION EX IRES
STATE OF MINNCSOTA )
) ss .
COUNTY OF HENNEPIN )
On this day of , 1984 , 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 �
MY COMMISSION EXPIRES
� .