HomeMy WebLinkAboutResolution 1933 ..- �}�:.� .._ .
� Ci.t� o� ORONO
• � R�SOLUTION OF THE C�ITY COUNCIL
� NO. 1933
• � • •
A RESOLUTION GRANTING
A VARIANCE TO
MLINICIPAL ZONING CODE
SECTION 10.55, SQBDIVISION 8
AND GRANTING A CONDITIONAL IISE PERMIT TO
MIINICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 19
FILE �1005
WHEREAS, N.E.D., Inc. (hereinafter "the applicant" ) is the
owner of the property located at 1285 French Creek Drive within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 6, Block l, French Creek; P.I.D. #10-117-23 32 0005
. Lot 7; Block l, French Creek; P.I.D. #10-117-23 32 0006
Lot 8, Block 1, French Creek; P.I.D. #10-117-23 32 0007
Lot 9 , Block 1, French Creek; P.I.D. #10-117-23 32 0008 ,
Outlot B, French Creek; P.I.D. #10-117-23 23 0004
(hereinafter "property"); and
• WHEREAS, the applicant has made application to the City of
Orono to permit the regrading and dredging of a designated wetland
retention basin (known as "Pond A" of the French Creek Plat) for
aesthetic and wildlife purposes.
NOW, THEREFORE, BE IT R13SOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1005. •
2. The property is located in the RR-1B Zoning District.
3. The Orono Planning Commission reviewed this application on
February 18, 1986, and recommended approval of the proposed
variance to Section 10.55, Subdivision 8 and recommended approval
of a conditional use permit for the regrading of Pond A based on
the f o 1 lowing f indings:
A) The proposed grading will not have a significant effect
on the water quality of the watershed or on the hydraul.ics
of the local drainage system.
B) The pond serves as a debris and silt collection basin,
• and this will not change as a result of the proposed
grading. The pond is part of a drainage system serving the
Crystal Bay neighborhood.
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� � Clt� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1933 � �
• - • •
C) The pond is relatively high in the water shed; any
overflow of runoff from this pond travels approximately one
mile through subsequent ponding and wetland retention areas
before entering Lake Minnetonka.
D) The basin area to be regraded is approximately 0.6 acres
in area.
E) Because of the sedimentation and debris collection
characteristics of the basin, protective measures are needed
during the regrading work to eliminate any effect on the
downstream watershed.
5. 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 to neighboring properties;
would not merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
6. The City Council finds that granting a conditional use permit
to allow the regrading of Pond "A" of French Creek 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
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.
CONCLOSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section
10.55, Subdivision 8 to allow the regrading of a designated wet•land
retention basin, and grants a conditional use permit for the regrading
of Pond A, French Creek Subdivision, subject to the following
conditions:
• 1. A timber baff le outlet structure meeting the approval of the
City Engineer shall be constructed to eliminate floating debris
from entering the down stream watershed.
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� C�t� o� ORONO
• � R�SOLUTION OF THE CITY COUNCIL
� NO. 1933
• - • •
2. A silt fence and hay bales as necessary shall be installed
at the outlet during construction.
3. The applicant is advised that this project may be subject to
permit by the Minnehaha Creek Watershed District.
4. Spoil material shall be placed on high ground on the property
in a location to be approved by the City Engineer, shall be
seeded to establish a vegetative cover, and shall be protected by
silt fence and hay bales as necessary to eliminate erosion during
revegetation. �
5. Applicant is advised that future maintenance dredging of this
pond will require a new conditional use permit application and
review.
6. Applicant or his agent shall obtain a grading and excavation
permit per the current fee schedule prior to commencement of the
. , work.
• 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 the property.
Adopted by the Orono City Council on this 24th day of
Febr�alry, 19 8 6.
�
ATTE �•
v � �� �
. , . �.ific-� �J�(�C��tiL�-
othy M. a lin, City Clerk Tim Adams, Acting Mayor
`�� � �� O �-�
Property Owner •
.
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� C�t� o� ORONO
• � R�SOLUTION OF THE CITY COUNCIL
� NO. 1933
• - • •
� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
0 n t h i s Z8� d a y o f �R.�t�i25/ , 19 8 6
before me a Notar Public within and for said county, personally
appeared � TvN �o�e /(�.�, �, �i��, 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.
� •
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NPE�p. M�NNti
M�G ,��e�tc- �V�-�Y 1; G--=<
� ��� c�NENNEP►�pG,,��e,,.'93 NOTARY PUBLIC
�� ��m,�,�ar .
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MY COMMIS ION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1986, 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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