HomeMy WebLinkAboutResolution 2120 . ' `:4
� � � Cit� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� " NO. 2120
• - • •�
A RESOLIITION GRANTING
A CONDITIONAL IISE PERMIT
PER MIJNICIPAL ZONING COD$
SECTION 10.03, SDBDIVISION 19
' FILE #1098
WHEREAS, C. Wayne LeNeave (hereinafter "the applicant") has an
interest in the property located at 360 Wakefield Road within the City of
Orono (hereinafter "City") and legally described as Lot 6, Block 1,
Wakefield Farms Second Addition (hereinafter "property"); and
WHEREAS, the applicant has applied to the City of Orono for a
Conditional Use Permit to permit the excavation of a decorative pond per
Municipal Zoning Code Section 10.03, Subdivision 19. t
• NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1098.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. On January 20, 1987, the Orono Planning Commission reviewed the
application as proposed and recommended approval, finding:
A) The site of the proposed pond is a low area on the property
that is not currently a designated wetland.
B) The proposed pond excavation is intended to be approximately
7,000 s.f. in area and 5' maximum depth. The estimated 1,000
cubic yards of spoil material to be excavated is proposed to be
removed to a site within the City of Wayzata.
C) The pond is intended to retain a 11 inf luent run-of f with no
proposed outlet, and banks excavated at a gradual 4-1 slope.
D) The pond is proposed to be constructed near the boundary with
the adjacent property to the south. That affected property
• owner is on public record as favoring the project.
E) The City Engineer has reviewed the project and finds that the
' site is relatively high in the Lake Minnetonka Watershed, and�
will likely act _as a better nutrient retention . area -than the
existing site, a potential benefit to the watershed. _
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� Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
� NO. 2120
• - • •
4. The City Council has considered this application including 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.
5. The City Counci 1 f inds that granting a Conditiona 1 Use Permit to
allow the excavation 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 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.
COIdCLDSIONS, ORDER AND 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 19 to permit the excavation of a decorative
pond, subject to the fol lowing conditions:
l. Revegetation of disturbed areas shall proceed immediately after
grading is complete.
2. Material to be excavated shall be removed to the spoils site in
Wayzata as proposed. Applicant is advised that placement of fill off-
. site within Orono may require a fill permit for the fill site. ,-'�
3. Silt fence or other erosion protective measures as required by the
City shall be provided and maintained on the site during the pond
construction process.
4. Applicant shall grant a Conservation and Flowage Easement over the
pond areas, legal description to be provided by the applicant.
5. A grading permit must be obtained by applicants contractor prior
to commencement of the project.
6. Future maintenance of this pond may occur without further
conditional use permit review, but a grading/land alteration permit
must be obtained for any future maintenance dredging/grading of the
pond.
: 7. Violation of or non-compliance with any of the terms and condi-
tions 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.
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�, Clt��o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2120
• - • •
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 9th day of February,
19
AT�E T:
�
othy allin, City Clerk Jame R. Gra , or
�
• Property w e s)
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� C�t� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2120
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STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this �'n day of , 198�
before me a Notary Public within and for said coun , personally
appeared known to me to be
the person(s) des ibed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his ( ei ) free act and deed.
• NOT
.,. w�c,, VIRGINIA L. RANZ
:�►► � NOTARY PUBLIC-MINNESOTA
'•� HENNEPIN COUNTY
��- My Commiaslon Explros May 74,199t
� MY COMMISSION EXPIRES
STATE OF MINNESOTA ) :f�'
� )ss. '
COUNTY OF HENNEPIN ) �
On this ��
o� '-�'�. day of _ ���'��'c.� , 198�, before me
a Notary Public within and for said .County, personal ly appeared
�r�c3�2. {�,r,��� ��/U2oc.u-2 known to me to be the
pers n(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�
` NOTARY PUBLIC
�M�����`�M�M�E80fA
"'"�»'��"� 9-��9a
- � MY COMMISSION EXPIRES
. , _
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