HomeMy WebLinkAbout#3486 - CUP-1994 1 ^ '
�' o�' CITY of ORONO
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�,�.�^�.-�_, RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING
A CO�TITIONAL USE PERMIT
PER MUNICIPAL ZOiVT�i 1G CODE
SECTION 10.03, SUBDIVISION 21
FILE NO. 1970
«rHEREAS, Scott Micheal Wold (hereinafter the applicant ) has an interest in
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the property located at 3026 Casco Point Road within the City of Orono (hereinafter "City") and
leQally described as:
Lot 2, Block 1, Kelly Second Addition, Hennepin County, Minnesota (hereinafter
"property"); and
WT�REAS, the applicant has applied to the City for a conditional use permit
to permit fillin� and gradinQ activities not authorized under the normal filina and arading
activities allowed with a building permit for new residential construction per Municipal Zoning
Code Section 10.03, Subdivision 21.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FLNDINGS
1. This application was reviewed as Zoning File #1970.
2. The property is located in the LR-1C Lakeshore Residential Zonin� District
r�quiring 21,780 s.f. or 1/2 acre in area. The property coi�sists of approxunately
26,i71 s.f.
3. On October 17, 1994, the Orono Planning Commission reviewed the application
as proposed and recommended approval of an amended plan involving the
temporary stockpiling of approximately 450 cubic yards of material to be
excavated beneath the proposed house pad. Based on the recommendations of the
City Engineer, Shawn Gustafson, the approved amended gradin� plan as shown
on Page 5 of this resolution provides for a swale to the lakeside of the proposed
residence that will maintain positive drainage for both the proposed new residence
and the existing residence on Lot l, Block 1, Kelly Second Addition.
PaQe 1 of 5
Form 5005 Di a O.o�•�
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� ��' CITY of ORONO
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'\.��?� RESOLUTION OF THE CITY COUNCIL
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4. The Council finds that grantin� a conditional use permit to allow grading as
proposed in the approved amended plan involvin� Lots 1 and 2, Block 1, Kelly
Second Addition will not be detrimental to the health, safery or �eneral welfare
of the public, would not adversely affect light, air nor pose a fire hazard or other
danger to neiQhboring properties, nor will its use depreciate surrounding property
values and that the proposed level of use of the property will be in keepin� with
the intent and objectives of the Zoning Code and Comprehensive Plan of the
City.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by Ciry staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIOirTS, ORDER Al�'D CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 21 to
permit filling and grading activities on Lot 2, Block l, Kelly Second Addition that are not
authorized under a building permit for new construction. This approval is subject to the
following conditions:
l. All grading and proposed erosion control for this unprovement have been based
on the grading and drainage plans attached to this resolution as Page 5. Erosion
control shall be maintained as shown on this grading plan and as required by the
City staff or Ciry Engineer throu�hout duration of the building project and until
natural groundcover is restored to all disturbed areas. The City asks that special
care be given to the erosion control provided and maintained adjacent to
temporary stockpile area of excavated material in order to ensure drainageway
along east lot line of Lot 2 is protected.
2. Owners of Lots 1 and 2, Block 1, Kelly Second Addition shall jointly apply for
a land alteration permit to be obtained before final grading can begin.
3, Applicant shall grant a 10' wide drainaae easement over drainageway in lakeshore
yard.
Paae 2 of 5
Form 5005 Disk 0��
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CITY of ORONO
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��:.���--� RESOLUTION OF THE CITY COUNCIL
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4. The City Engineer in his report of October 5, 1994 advises applicant of his
concern with boring information from soil boring �#2 in a report by Advance
SurveyinQ & Engineering. Organic clays of this type are compressible and
subject to settlement when used for foundations.
5. Authorities granted by this resolution run with the property not with the owner
but are permissive only and must be exercised by application for a land alteration
permit (�eneral permit) with the City within one year of the date of Council
approval or the special conditions of this resolution will expire on that date
(October 24, 1995).
6. 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.
7. The undersigned applicant has read, understood and hereby a�rees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby aarees to the recordin� of this resolution in the chain of title of the
property.
Adopted by the Orono City Council on this 24th day of October, 1994.
AT EST:
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Dorothy M lin, City Clerk Edward J. Call n, Jr., Mayor
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Propeny � e s)
PaQe 3 of 5
Form 5005 Disk Om�
� �`�' CITY of ORONO
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�.��-�_� RESOLUTION OF THE CITY COLTNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledaed before me on this 24th day of
October, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and Ciry Clerk of the
City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
c=` LINDA S. VEE
t; ' t;OTAP.Y PUBUC - MINNESOTA � ' /
-e�,s."--- HENNEPIN COUNTY ���
s;,-_,�;`� My comrr�issia� expires &12•98 �/J�'C�G-'✓ � �
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this '� %r� day of n �c�s�r� �er , 199�, before me a Notary Public
within and for said County,personally appeared s���:/ /Y�,'c{��u/ Gv°�d� S'�y��
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.
._ ' .� C/�
LINDA S. VEE
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��'�' : NOTARY PUBIIC - MINNESOTA Notary Public
�� HE�NEPIN COUNTY
�-pw�� My �omrr�isslcn expires 8-12-98
`�_..��-
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 , 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 fore�oing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
PaQe 4 of �
Form 5005 Dish O�a«.
� • er,r change by the City Engineer, �
Buiiding Dept., developer ond owner.
Proposed g�odes and house locotion 4� � � s ����
which are approved by the City are � '�iNNF
final . w�ler rO
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S�EY` �D�O � � 9�9'si
NOTE: A REVISED SURVEYOR'S —� ' __-- � O�,
CER71F1CATE WILL BE PREPARED �(� .•'��S 4_� -- �., '�
N AFTER THE S01� CORRECTIONS ,rj � .4. S "" 33•67 -�'
TO THE LOT HAS TAKEN PLACE. oh��Q �a�s/— C
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��DRAINAGE dc UTIUTY '
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,.� �ASEMENT �. 5 5 �'.
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_ SILT FENCE � `` � r, /5 0
PROPOSED DRAINAGE �
w s EASEMENT I 3 ; 5 S =ry
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N 934 t� �60'22'32" LO � o°i" '/ �
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g 9� � �J a /�� �` ����e 93 PROPOSED i 0 FOOr DRa,IN,aGE EaSEraENT
;' r��` ��� ti � / / O Thot art of Lot 2, Block I, KELLY 2ND
\ �/ PROPOSED HOUSE , �` p P
�3 934 � ADDITION, according to the recorded plat
� � (�34 7) � /��� thereof, Hennepin County, Minneso ta, lying
4�� p6° , �9 ��;- / �/9�4 �b��/ ti4''/ " � / 5.00 feet on each side of o centerline
� 47 4 � a ' ' /" e / v' / 3 described os commencing at the most
.3 0 �936.9
R � 33 �3 \'��,"�'I ' � 93 � westerly corner of soid Lot 2; thence
� `� � 942 � � northeasterly, along the northwest line of
g4o. ' ' � 9a20} g .0 � � said Lot 2, a distance of I 00.00 feet;
� �K `� 4 � thence easterly deflecting to the right 60
� _��o TEM �R R v-
RaN ,- � uTY degrees 22 minutes 32 seconds a distance
40 E ENT REp, � � of 102.48 fAet to the easierly line of said
�(� \ ILE �.,� _ __ Lot 2 and said centerline there terminating.
�1 � .0 5�}•afi5 � �, � The sidelines of said eosement are prolonged
�'O �, i or shortened to terminate at soid north—
� � / �. -�' i �; westerly and easterly lines of Lot 2.
� 939.0 a 8s6 , �� _= '�,S60°03'04"W /
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QWe hereby certify that this is a true ond correct
representotion of a survey of the boundaries of
the land above described and of the tocation of
oll buildings, if ony, from or on said land.
Dated this 29th doy of August . 1994
SUNDE LAND SURVEYING, INC.
��Ya1.de �a�El� �iil'�e�Il� �IIC. �� K. �
BY----------------- ------
Edward H. Sunde, R.L.S. Minn. Reg. No. 8612
9001 E. Bloomington Freeway (.35W)
B�oomington, MN 55a20 REVISED: October 20, 1994 -- Update per city
(612) 881-2455
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