HomeMy WebLinkAboutResolution 2175 ;r .
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� cit� o� oROlvo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2175
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A RESOLDTION GRANTING
• A CONDITIONAL IISE PERMIT
PER MLINICIPAL ZONING CODL
SECTION 10.03, SQBDIVISION 19
FILE #1134
, WHER$AS, Paul Baszucki (hereinafter "the applicant") is the owner
of the property located at 250 Wakefield Road within the City of Orono
(hereinafter "City") and legally described as follows:
Lot 3, Block l, Wakefield Farms Second Addition, Hennepin County,
Minnesota (hereinafter "property" ) ; and
WHEREAS, the applicant has applied to the City of Orono for a
Conditional Use Permit to permit the grading and excavating of a decorative
pond per Municipal Zoning Code Section 10.03, Subdivision 19.
NOW, THEREFORE, B$ IT RESOLVED by the City Council of Orono,
� Minnesota:
• FINDINGS
1. This application was reviewed as Zoning File #1134
2. The property is located in the RR-1B Single Family Rural
Residential District. .
3. On April 20, 1.987, the Orono Planning Commission reviewed the
application as proposed and recommended approval finding that:
A) The proposed low area to be excavated and graded is not a
designated wetland area, but is a small basin of approximately
100 ' diameter with no outlet.
B) The proposed work will deepen the basin to create a pond with
defined banks, and will add fil 1 adjacent to the Luce Line Trail
where existing banks are eroding.
C) The proposed grading and excavating is part.ly within the
DNR's Luce Line Trail right-of-way. The DNR has expressed
approval of the project and does not require a permit but does
require that the applicant be in contact with DNR staff during
the project.
D) The project will have no detrimental impact on the Lake
• Minnetonka watershed and• will be of, benefit to the area.
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� clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2175
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. e �ity 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 grading and excavating 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 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. _
CONCLDSIONS, ORDER AND CONDITIOIdS
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 grading and excavating of a
• decorative pond, subject to the following conditions:
1. Applicant or applicant's contractor shall obtain a grading permit
prior to commencement of the work.
2. All graded areas shall be seeded or sodded immediately upon
completion of the grading work.
3. App7icant shall provide erosion protection measures as deemed
necessary by the City Inspector.
4. Applicant shall grant to the City a Flowage & Conservation Easement
over the basin. Applicant to provide legal description for same.
5. Applicant shall work with the proper DNR authorities during the
• project.
6. Future maintenance of the pond shall be allowed without further
conditional use permit review, subject to obtaining a grading permit
at such time as the maintenance work is proposed.
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.
• 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. •
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� Ci.t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2�75
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Adopted by the Orono City Council on this llth day of May, 1987.
AT ST:
othy . Hallin, City Clerk Jame R. Grab or
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Property Owner(s)
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�� c�t��o� oR,oNO .
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. RESOLUTION OF THE CITY COUNCIL
� ,� . NO: 2175 � .s � �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 8th day of June . 1981
before me a Notary Public within and for said county, personally
appeared Helen Baszucki 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.
J /CL��.�o
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• NOTARY PUBLIC
THERE8A L. NAAB
IbTARY �11aL10�MINNESOTA -
HENNEPIN COUNTY
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� MY COMMISSION EXPIRES r
STATE OF MINNESOTA )
� )ss.
COUNTY OF HENNEPIN )
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On this �� � day of � , 198�, before me
a Nota Publ ' within and for sa' County, personally appeared
��,� �% known to me to be the
person(s) describe in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
� (their) free act and deed.
t� ��r� ����� NOT Y UBLIC
; y8tary Rphlia•Minnesab
Flannopin Qaunb � � •
pty Commtaelon�Yp�re�
• April 48,1881 •
�?i1.�' a� /9 / :.
�� , .- MY CO ISSIOI�EXPIRES .
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