HomeMy WebLinkAboutResolution 1685 .�,, . .... l.t �
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Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL ..
� NO. 1685
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A RESOLUTION GRANTING A CONDITIONAL USE PERMIT
TO MUNICIPAL ZONING CODE SECTIONS 10.03,
SUBDIVISIONS 19, 20, AND 21 - FILE $846
WHEREAS, Leekley' sInc. (hereafter "the applicant" ) is owner
of the property located at 2500 Sixth Avenue North within the City of
Orono (hereinafter "City" ) and legally described as follows :
Lot 3, Block 1, Willow Run (hereafter "property" ) , and
WHEREAS, the applicant has applied to the City of Orono for a
conditional use permit per Municipal Zoning Code Section 10 . 03,
Subdivision 19, 20 and 21 to permit excavation of a decorative wildlife
pond in an amount of material to be excavated estimated at 835 cubic
yards . ,
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
• Minnesota:
FINDINGS
1 . This application was reviewed as zoning file #846. _
2 . The property is located in the RR-1B Rural Residential
Zoning District. '
3. The Orono Planning Commission reviewed thisapplication
on September 17 , 1984, �and recommended approval of the
proposed conditional use permit as amended based upon the
f ollowing f indings: ,
a) The excavation for the pond will have no detrimental
effect on the surrounding property.
b) The improvement will enhance the aesthetic value of
the property. .
c) The excavation will not impede the natural drainage �
of the area. �
4. The area to be excavated is not a designated wetlands and
is outside the Flood Plain and Wetlands Cons'ervation area.
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� Ci.t� o� ORONO _ .
� RESOLUTION OF THE CITY COUNCIL .
� �
NO. � 1685
5. The City Council finds that granting a conditional use
� � � permit to the applicant for the construction of the wildlife
pond would 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 per Municipal Zoning Code SEction �,
, 10 . 03 Subdivisions 19 , 20, and 21 to Leekley' s Inc. to allow excavation
of a wildlife pond, subject to the following conditions :
l. The construction of the pond must follow the guidelines
• setf,orth in the . recommendation of the Hennepin County
Conservation District:
• a) 4:1 slopes at uppermost portion of pond.
� b) pond depth not to exceed 5 feet. '
c) maximum surface area not to exceed 8 , 000 sf
2 . The pond must conform to pertinent standards set by the
Minnehaha Creek Watershed District.
3 . The grassed swale outlet area must be maintained to
provide assimilative capacity and may not be covered with
impermeable surface materials. .
4 . A flowage and conservation easement shall be granted to
the City over the proposed pond, drain pipe, and grassed
� swale.
5 . The applicantis advised of the homeowner' s liabilityin
case of• serious accident or death . at this pond. Some
recommended safety measures are:
� a) Post warning signs '
b) Construct pond with 4 :1 or flatter sideslopes
� c) A low fence is suggested to keep unsupervised
• children or toddlers from accidentally wandering into
the pond.
Posting the pond against trespassers does riot relieve the
owner of the safety responsibility incurred.
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� � C�t� o� ORONO � .
RESOLUTION OF THE CITY COUNCIL
Q� NO. 1685 . . ,
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6. Violation of or, non-compliance with any of the terms and
conditions of this resolution shall coristitute a violation
of the Zoning Code, shall automatically terminate any
authority granted herein, and shall be punishable as a
misdemeanor. �
7 . 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 City Council on this 15th day of October, 1984 .
_ ATT T: � �
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0 othy M. �llin, City Clerk Mary C. B ° er, Mayor
(1 ) Property Owner . '
(2 ) Property Owner
(3 ) Property Owner
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� - c�t o� oR,oNO =
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RESOLUTION OF THE CITY COUNCIL ..
�■�-,3 NO. 168•5 . .
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� STATE OF MINNESOTA )
) ss .
! COUNTY OF HENNEPI?J ) '
� On this 2��" day o� QL�g� , 1984 , before me a Notary
Public within � and for said Count ersonall a
T���'�
. �g�� ��L� Y. P Y PPeared
_��'`/ Vl� s D�T �L 's fnr4known to me to
• be the person (s) described in and who execu ed the foregoing
instrument , and �acknowledged that he (they) executed the same as his
(their) free act and deed . � �
� HAEL P.GAFFRo� ~ � _
MIC M�NNE NOTARY PUBLIC
.j�.^`��"`, NOTARY PUBI.IC- 9 '.f� ^^`' .
HENNEP►N C�L"': -�
� � . � ,
••. My ComnissEon'.". " !
�..:� .. � / 87
� � ° Ju�vLr /f ,
..4�-�'r'n h�����
MX• COMMISSIO EXPIRES
STATE OF MINNES�TA )
' . ) 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
I (their) free act and deed . •
� � � . NOTARY PUBLIC
" : � . . . . � MY COMMISSION EXPIRES . . �
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