HomeMy WebLinkAboutResolution 2192 �. ,. �. .
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� � Clt���o� ORONO � �
� . RESOLUTION OF THE CITY COUNCIL
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, � NO. 2192
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A RESOLUTION GRAIdTING
A CONDTIONAL QSE PERMIT
� . . Pffit MiTNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISIONS 19 � 20
FIL$ #1103
WH$REAS, Howard F. Eisinger (hereinafter "the applicant") is
the owner of properties located at 3245 Wayzata Boulevard within the
. City of Orono (hereinafter "City") and legally described as follows:
(P.I.D. 32-18-23 14 00`02) Section 32, Township 118, Range 23,
� Commencing at a point in the East line of Government Lot 1
distance 393.24 feet South along said line from the South line of
• State Highway No. 12 thence at right angles West from said East
line 418 feet thence at right angles North 393.02 feet to South
line of highway thence West along said highway line to West line
of said Lot 1 thence South along said West line to Northerly line
of Great Northern Railroad . right-of-way thence Southeasterly
along said right-of-way line to East line of Lot 1 thence North
to beginning. ,,
WH$R$AS, the applicant has applied to the City of Orono for
a Conditional Use Permit to permit filling of 100,000 cubic yards of
clean fill over a former dump site of approximately 12 acres in area
per Municipal Zoning Code Section 10.03, Subdivision 19 & 20. Fill
shall be placed such that the average height of fill is maintained at
five feet. Filling shall take place 35 feet in from the adjacent
wetlands at the 972 elevation.
NOW, THERRFORL, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
FINDINGS
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1. This application was reviewed as Zoning File #1103. •
2. The property is located in the RR-1B, Rural Residential
Zoning District.
� 3. On April 20, 1987, the Orono Planning Commission reviewed
the application as proposed and recommended unanimous approval
of the application as amended based on the following findings:
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5 � c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2192
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• � _ � The Department of Natural Resources, Minnesota Pollution
ntrol Agency, Hennepin County Department of Environment
and Energy, Hennepin Conservation District, and Minnehaha
Creek Watershed District find that the application as
proposed will have no negative impact on the surrounding
wetlands or intersecting drainageway.
b) The adjacent property owners have been advised of the
applicant's proposal and none have voiced objection or
submitted written opposition to the City.
�. � � c) The application as modified by the Planning Commission '
will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or
improvements in the vicinity.
4. Braun Engineering in a letter dated May 28, 1987 has opined as
follows regarding the placement of approximately 100,000 cubic
yards of fill over a former dump site:
"... it is our opinion that the addition of 5 feet of fill
over the area pres.ents a very slight risk of enbankment
• failure. "
5. 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. .
6. The City _Council finds that granting a Conditional Use Permit
to allow the filling of 100,000 cubic yards of clean fill within
the area as def ined by the Orono staf f wi 11 not be detrimenta 1 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 wil 1 be in keeping with the intent and objectives of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
. Base:d .upon one or more of the findings noted above, the
� � Orono� City Couricil hereby grants a Conditional Use Permit ��per
Municipal Zoning Code Section 10.03, Subdivisions 19 & 20 to permit �
the placing of 100,000 cubic yards of fill within an area approved by
the Orono staff, subject to the following conditions:
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Ci.t� of ORONO .
• RESOLUTION OF THE CITY COUNCIL
� NO. 219 2
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1. Prior to the hauling of fill to the site the applicant or
applicant's agent must submit the following:
a) Six cross sections of existing topography.
b) Final grading and Erosion Control plan designating the
following:
. . . . 1) Side slopes 5:1.
2) One percent slope to be maintained within inner fill
area.
3 ) Silt fence installed 30 to 35 feet from wetland at
972 elevation - no land alterations allowed within 26
f eet of wetland.
4 ) Average height of fill to be maintained at 5 feet.
5) Monitoring plates to be installed as required by
the City Engineer.
• c) Executed Developer's Agreement and appropriate security
to insure final grading and seeding if fill project is not
completed. Letter of Credit must be written for 150 percent
of the estimated cost of the improvement.
2. Fill shall not exceed allowed amount of 100,000 cubic yards.
Side slopes shall be seeded as soon as 5:1 slope ratio has been
realized. -
3. Park Construction shall be responsible for advising the City
of monthly schedule of hauling activities so that staff can
arrange an approximate inspection schedule for each month. Prior
to hauling. any fil 1 to the site Park Construction must arrange
for a preconstruction meeting with the Orono st�ff to review all
final submittals and tentative hauling schedule.
4. Park Construction shall cease all hauling to the site upon '
evidence of shearing and/or other signs of instability created by
fil ling over the former dump site. Applicant shall not proceed
with hauling until the City Engineer has had adequate time to
review the evidence and submit a written report to the Council
� £or their review and action. If Council determines that it is in
the public interest to cease all hauling to the site, this .
conditional use permit shall be terminated immediately and the
app 1 i cant sha 11 comp 1 ete the f ina 1 grading and seeding of the
entire disturbed area. �
• 5. Authorities granted by this resolution run with the property
not with the owner, but are permissive only and must be completed
within one year of the date of Counci 1 approva 1 or the specia 1
conditions of this resolution will expire on that date (June 8,
1988) .
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Clt� o� ORONO
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� RESOLUTION OF THE CITY COUNCI L
� NO. 219 2
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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 owner 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 8th day of June,
198�
• ATT ST:
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othy allin, City Clerk Jame R. Gra , Mayor
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roperty Owner(s)
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2192 . .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this llth day of June � 1987_
before me a Notary Public within and for said county, personally
appeared Howard F. & Ruth D. Eisinaer 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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NOTARY PUBLIC
��N�r,�
w '�"�N,� �-�-9a
' MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
st
On this day of , 198 , 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 foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
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MY COMMISSION EXPIRES
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