HomeMy WebLinkAboutResolution 2214 .. �i'
Cit� o� ORONO
• • RESOLUTION OF THE CITY COUNCIL
� N0. 2214
�
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A RESOLDTION GRANTING �
A CONDTIONAL QSE PERMIT
PER MQNICIPAL ZONING CODE
SECTION 10.03, SQBDIVISIONS 19, 20 & 21
FILE #1149
WHEREAS, Scott Vickerman (hereinafter "the applicant" ) is
the owner of property at 2500 Sixth Avenue North located within the
City of Orono (hereinafter "City" ) and legally described as Lot 3,
Block 1, Willow Run (hereinafter "property"), and
WHEREAS, the applicant has applied to the City of Orono for
a renewal of a Conditional Use Permit per Municipal Zoning Code
Section 10.03, Subdivisions 19, 20 & 21 to permit the excavation of a
decorative/wildlife pond involving the excavation of approximately 835
cubic yards of material.
NOW, THEREFORE, B8 IT R$SOI.VED by the City Council of Orono,
Minnesota:
• FINDINGS
1. This application was reviewed as Zoning File #1149.
2. The property is located in the RR-1B, Rural Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on
June 15 , 1987 , and recommended approval of the renewed
conditional use permit based upon the following findings:
a) The excavation for the pond will have no detrimental
effect on the surrounding property. �
b) The improvement will enhance the aesthetic value of the
property.
c) The excavation wi 11 not impede the natura 1 drainage of
the area.
4. The area to be excavated is not a designated wetlands and is
outside the Flood Plain and Wetlands Conservation area. '
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• RESOLUTION OF THE CITY COUNCIL
�� NO. 2214
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5. The City Council finds that granting a conditional use permit
to the applicant for the construction of the wildlife pond would
not be detrimental to the health, safety or general welfare of
the public, would not adversely affect light, air nor pose a fire
hazard or other danger to neighboring properties, nor will it
depreciate surrounding property values and that the proposed
level of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the
City.
CONCLQSIONS, ORD$R 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, Subdivisions 19, 20 & 21 to Scott Vickerman to
allow excavation of a wildlife pond, subject to the following
conditions :
l. The construction of the pond must follow the guidelines
• setforth in the recommendation of the Hennepin County
Conservation District:
a) 4 :1 slopes maintained on one side on pond.
b) Pond depth not to exceed 5 feet.
c) Maximum surface area not to exceed 8,000 s.f.
2. The pond must conform to pertinent standards set by the
Minnehaha Creek Watershed District.
3. The grassed swale outlet area must be maintained to provide
assimilative capacity and may not be covered with impermeable
surface materials.
4. The applicant is advised of the homeowner's liability in case
of serious accident or death at this pond. Some recommended
safety measures are: '
a) Post warning signs.
b) Construct pond with 4 :1 or flatter sideslopes.
c) A low fence is suggested to keep unsupervised children or
toddlers from accidentally wandering into the pond.
• Posting the pond against trespassers does not relieve the owner
of the safety responsibility incurred.
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2214
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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 Council approval or the special
conditions of this resolution will expire on that date (July 13,
1988 ) .
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 13th day of July,
1987
• ATT T:
, .
�
D othy Hallin, City Clerk" Ja es R. Grabek, Mayor
4��
1 ) Property wne
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� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �d� day of �TG�S� , 1987
before me a Notary Public within and for said county, personally
appeared s'uSO� v� S. r�.C��i�v�Q.h �
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.
.
• THERE8A L. NAAB NOT BLIC
• 1qT/►qV PUBLIC-MINNESOTA
HENNEPIN COUNTY
iA►oo�xd�toc��a-e'�2
��'/�
MY' COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On thi s g�' day of ���,n, c�2�y�.1a,2,f� , 19 87, bef ore me
a Notary Publi within and for sa°id County, personally appeared
���.�.- 1 t,��, �rn(�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.
/
� /�/
NOTARY PUBLIC
M����`�N�ot�
��t°^aP��N�'�
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• MY COMMISSION EXPIRES
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