HomeMy WebLinkAboutResolution 1844 H r , „
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d C�t� o� ORONO
• (� _ RESOLUTION OF THE CITY COUNCIL
� NO. 1844
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A RESOLOTION GRANTING
A CONDITIONAL OSS PERMIT PER
MiJNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 19
FILE #852
WH$REAS, William Gregory and Stanley Grego�ry (hereinafter .
"the applicants") are the owners of the property Iocated at 1410
Shoreline Drive within the City of Orono (hereinafter "City") and
legally described as Lot'� l, Block 1, Dragonfly Hill (hereinafter
"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
1. This application was reviewed as Zoning File #852.
2. The property is located in the LR-lA Lakeshore Residential
Zoning District.
3. The applicants original conditional use permit application
involved both the installation of a decorative pond and the major
alteration of a designated wetlands to create a wildl.ife pond.
4. The appl.icants have asked to separate the City's review of
the decorative and wildlife ponds in order to expedite the
resolution of the decorative pond project requiring Iess review
time and allow the installation of the pond in early fall. The
wildlife pond project is more complex requiring additional review
time. •�
5. The decorative pond (80'x80' ) wil.l be constructed within a
I.ow area of approximately 3/4 of an acre in area that functions
as a seasonal retention area for a localized watershed of appro-
ximately 2 to . 3 acres.
6. ° In 1982, the City approved a subdivision of the property that
conditioned approval on obtaining a conservation and flowage
� easement over the 3/4 acre f lat retention area.
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• � . RESOLUTION OF THE CITY COUNCIL
� NO. 1844
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7. Since 1982, the relocation of an access drive and grading
along the County drainage ditch has modified the drainage pattern
within the watershed. The area no longer functions as an inter-
mittent wetland. The existing vegetation is not classified as
wetl.and vegetation. '
8. The pond will increase the retention of run-off (below 931.5
el.evation of about .14 acre feet) .
9. The pond will be aerated with a fountain to reduce algae
growth an maintain good water quality.
10. The desired water Ievel of the pond will be maintained by an
on-site well.
11. The open water area of the decorative pond wi 11 serve as a
� much needed sediment trap for the 3 acre watershed that drains
directly into Lake Minnetonka.
12. The interium plan providing for the installation of the
decorative pond this fall wil 1 have no detrimental effects on the
overall project.
13. The current proposal for the decorative pond could be ap-
proved as an independant project and its I.ong term success does
not hinge or depend on the alteration of the upper wetland.
14. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by staff, comments of the applicants and applicants'
� consultants and the effect of the proposed use on the health,
safety and welfare of the community.
15. The City Counc�il finds that granting a conditional use
permit to allow the installation of a decorative pond 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 proposed
Ievel of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the
City.
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. d � � C�t��o� ORON�O � �
• � RESOWTION OF THE CITY COUNCIL
'�(,]�" NO. 18 4 4
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CONCLUSIONS, ORDER AND CONDITIONS
� Based upon one or more of the above findings, the Orono City
Council hereby grants a Conditional Use Permit to Municipal Zoning
Code Section 10.03, Subdivision 19 to permit the install.ation of a �
:� decorative pond, subject to the following conditions:
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� l. Prior to the issuance of a land alteration permit by the City
. to permit the installation of the pond, the City must approve
, . final grading and landscape plans for banks and edge of pond,
temporary channel to southern cul.vert and upland slopes within
watershed.
2. City will not allow construction of channel to north until
finaI. plans for wildl.ife pond alteration are approved.
• 3. The City will. not approve the use of chemical agents in the
control of algae and aquatic vegetation within the decorative
pond. The City will not permit the use of fertilizers,
pesticides or herbicides within 30 feet from the edge of the
. decorative porid.
4. Violation of or non-c�mpliance with any of the terms and
. conditions of this Fermit ;'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 owners have read, understood and hereby
agree to the terms of this resolution and on behalf of them-
. sel.ves, their heirs, successors and assigns, hereby agrees to the
recording of this resolution in the chain of titl.e of the
property.
; Adopted by the Orono City Council on this 9th day of
��� September, 1985.
,-,:
,� ATT T:
. ��
oth llin°, City Clerk Mar C. Bu ler, Mayor
. o Frahm, Acting Mayor
�
� �
(1) Property Ow e
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d C�t� o� ORONO
� � _ RESOLUTION OF THE CITY COUNCIL
� NO. 1844
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ,
198�
O n t h i s �f �� d a y o f �s� � ' , 1�9-8r� �
before me a Notary Public within and for said county, personal ly
appeared wtG-Ll�.�, ����o2y,d,�oS '-�y �3 ,
�'�.,�.,�w known to me to be
the person(s) described in and who executed the for�going
instrument, and acknowledged that he (tliey) executed the same as
his (their) free act and deed.
GAFFR�PI �
N►IGHAEUBP�.M�NNESOTA NOTARY PUBLIC
N CpL1NTY �
�„a'�, oTAR NEPIN
,F�Jf�� , HEN ires June 11,»;��
• ��1 My pommission�P
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�r.u�� �l, /�S/`� .
• MY COMMIS ION 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
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