HomeMy WebLinkAboutResolution 1686 „,
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_ � C�t� o� ORONO �
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� RESOLUTION OF THE CITY COUNCIL ..
� NO. 1686
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A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT
TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISIONS 19,
20, AND 21 AND SECTION 10.55, SUBDIVISION 8 - FILE #868
WHEREAS, Leekley' s Inc. (hereafter "the applicant” ) is owner
of the property located at 2450 Sixth Avenue North within the City of
Orono (hereinafter "City" ) and legally described ,as follows :
Lot 2, Block l, Willow Run (hereafter "property" ) , and
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WHEREAS, the applicant has applied to the City of Orono for a
variance to Municipal Zoning Code Section 10 .55, Subdivision 8 to
. .allow excavation of a wildlife pond within a designated wetlands, and
has applied for a conditional use pertnit per Section 10 . 03 ,
Subdivision 19, 20, and 21. .
• NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as zoning file #868 .
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 variance and conditional use permit as amended
based upon the following findings :
ra) 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. '
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C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 1686 ..
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' 4. The wetland in question functions as a localized
seasonal collection basin and is not part of a major wetlands
system. '
5. This wetland is located in the outer edges of the
watershed leading to Lake Minnetonka.
6 . The newly created buildingsite cannot be realized until
changes in the character of the existing retention basin are
made on the property.
7 . This wetlands is not included as a protected body within
the Department of Natural Resources (DNR) wetlands
i:nventory.
8 . The City Council has considered this application
- including the findings and recommendations of the Planning
� • Commission, reports by City staff, comments by the owner and
the effect of the proposed variance on the health, safety and
. • welfare of the community. �
9 . 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 ot
neighboring property; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; if necessary to
preserve a substantial property right of the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
10 . The City Council finds that granting a Conditional Use ;
Permit to excavate a wildlife 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.
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� C�t� o� ORONO
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• RESOLUTION OF THE CITY COUNCIL �
� � NO. 1686 �
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CONCLUSIONS, ORDER AND CONDITIONS
� Based upon the above findings, the Orono City Council hereby
grants a variance the Municipal Zoning Code Section 10 .55 , Subdivision
8 to allow excavation of a wildlife pond within a designated wetland,
and grants a conditional use permit per Section 10 .03, Subdivisions
19 , 20, and 21, subject to the following conditions:
1. The construction of the pond must follow the guidelines
setforth 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 . A drain tile to be installed as an overflow outlet to this
pond and wetland may be installed with invert elevation r�o
lower than1032. 0 (elevation100 . 0onfinal proposal ) . This
� tile line is to outlet near a pond to be created on Lot 3 , Block
1, Willow Run, at 2500 Sixth Avenue North. �
3. The dredged spoil material may not be placed within 50
feet of the designated wetland area elevation 1032 . 0 .
4 . Alteration of the wetland must conform to pertinent
standards set by the Minnehaha Creek Watershed District.
5 . A flowage and conservation easement shall be granted' to
the City over the proposed pond and drainage pipe.
6 . The applicant is advised of the homeowners liability in
- case of serious accident or death at this pond. Some
� recommended safety measures are:
a) Post warning signs�.
b) Construct pond with 4 :1 sideslopes or flatter.
c) A low fence is suggested to keep unsupervised
• � children or toddlers from accidentally wandering into
the ponds.
Posting the pond against trespassers does not relieve the
• � owner of the saf ety responsibility incurred.
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• RESOWTION OF THE CITY COUNCIL +
� . . NO. 1686. ' .. .
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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 tYie
property. ,
Adopted by the City Council on this 15th day of October, 1984.
� • ATTES :
� • � �
orothy M. llin, City Clerk Mary C. tler, Mayor
(1 ) Property Owner ,
(2 ) Property Owner
(3 ) Property Owner ' ' �
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� Cit� o� ORONO �
� RESOLUTION OF THE CITY COUNCIL . �
� NO. 1686
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STATE OF MINNESOTA )'
) ss.
COUNTY OF HENNEPI?J )
On this ��`� day o� �G�-v���_^_, 19�4 , before me a Notary
Public w thin � and for said County, personally appeared
nC� 't� L-_�.€�KL�y, Vl�P�Ip�I� Fo/Z %�K��ys ,/N�� known ta me to
be the person (s) d�scribed in and who executed the foregoing
� instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed . , �
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�� M�CHAEE�N CpUNTYg87 NOTARY PUBLIC • •
a��' {IOTARYpUBI.IC•
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.MYH�N�slonE��Ireso�s�ec .
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3- .S uN� I1 � I R�
� MY COMMISSION 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
� (their) free act and deed . .• '
� � . . NOTARY PUBLIC
� - � � • . � MY COMMISSION EXPIRES • � . .
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