Loading...
HomeMy WebLinkAboutResolution 1776 .: . -- � Clt� of ORONO � . d �t�. • rJ'4 � F " RESOLUTION OF THE CITY COUNCIL Q��°�.;�; � NO. 17 7 6 . . � r '. • - • � , - � . A RESOLUTION GRANTING � A CONDITIONAL USE PERMIT PER MDNICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 19 FILE NO. 919 WHEREAS, Theodore M. Schultze (hereinafter "the � applicant") has an interest in the property located at 1185 Wyndmere Road within the City of Orono (hereafter "City") and legally described as� Lot 3, Block l, Wyndmere (hereinafter "the property"); and � . WHEREAS, the applicant has applied to the City for a � Conditional Use Permit to permit the installation of a decorative pond per Municipal Zoning Code Section 10. 03, Subdivision 19 . • NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS � ' l. This application was reviewed as Zoning File No. 919. ; 2. The property is located in the RR-1B Rural Residential Zoning District. 3. On May 20, 1985, the Orono Planning Commission reviewed the application as proposed and recommended approval, based on the following findings: a ) The pond excavation is not located within a designated wetlands. . , b) The pond wi 11 not change the genera 1 direction of the flow of the localized watershed. 3. The pond will decrease the velocity of the run-off to the west created by the improvements within the - Wyndmere plat. 4. The City Council ha"`s considered this application in- � cluding the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of �the proposed use on the health, safety and welfare of the community. Page 1 of 4 . .�,;:; Ci.t of ORONO e � .�.s � • µ �/• RESOWTION OF THE CITY COUNCIL � `"> � NO. 1776 � . • ' • �_ : :t 5. The City Counci 1 f inds that granting a Conditiona 1 Use . Permit to allow the installation of a decorative pond on the property 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 neigh- boring properties, nor will it depreciate surrounding pro- perty values and the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCDLSIONS, 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, Subdivision 19 to permit the installation of a , decorative pond, subject to the following conditions: • 1. The entire disturbed area must be restored with. suitable ground cover upon completion of land alteration. Spoils stored on edge of pond to be used in restoration. � . 2. Applicant must remove drainage tile outlets from water softener and garage f loor that drain into pond. The Orono staff must approve •new method of disposal prior to � installation. . 3. The applicant is to grant a drainage easement to the City to protect the redirected natural drainageway that intersects the property. , 4. The applicant is advised of the homeowner's liability in case of serious accident or death at this pond. Posting the pond against treaspassers does not release the owner of the safety responsibility incurred. 5. Violation of or non-compliance with any of the items 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. � � 6. 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, l�ereby agrees to the recording of this resolution in the chain of title of the property. . Page 2 of 4 � � � � � , . . .�.. �«. . C�t� of ORONO L�. �;.::::, . . • � , RESOLUTION OF THE CITY COUNCIL ;a: . �� �',�. � � NO. 17 7 6 � ..,;E; , . • . • � • • �� � Adopted by the Orono City Council on this lOth day of June, _ 19,85. -ATTE �T: � , " 0 othy M. allin, City Clerk T M: rahm, Acting Mayor � � . � � _ G�l� �ri s�-�/`L-�`".�� Pr� erty Owner(s) - . . ' �i�/e�' � • V�G.�%`�G.CT-Z�' roperty Owner(s) • _ 1I . � Page 3 of 4 . ' � • ' ' F . ' � . ,,,� . Clty of, ORONO d • t-�.:� . . . RESOWTION OF THE CITY COUNCIL� � � . . � . NO.. "1776 . . . ' . . Q� -� . . . . . •. �, .. � . .. .. • - � ,� ' STATE OF MINNESOTA ) � ) ss. . COUNTY OF HENNEPIN ) • w On this r�"' _ day of �G�i`�� , 1985 . before me otar!y �P blic within and for aid county, personally appeared �JGWK� "L� S�v�G known to me to be the pe�son (s ) desc ibe ` in and who ecuted the foregoing . �instrument, and acknowledged that he (they) executed the same as �his (their) free act and deed. . •-,.�,..�..... �a �t'at��een �}'zan�e • • ^ NOTARY pUYLIC-MINN:$OiA RAMSEY CUUNiY 4 My cdmmission oxp�res Oct.24,19A0 �,,,�� /�M ,/„_ /„ � /.lXYI.,L �ltGL1Vl.(C� ' NOTARY PUBLIC � l��zN�`w . . MY COMM SSION EXPIRES STATE OF MINNESOTA ) • , )ss. . COUNTY OF HENNEPIN ) On this - day of , 1985, 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 foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � , NOTARY PUBLIC � � � . ,. \ � . � MY COMMISSION EXPIRES Page 4 of 4 �