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Home My WebLink AboutResolution 2296 4 y'c,. , y Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2296 � ' � - • • A RESOI�DTION GRAYdTING A VARII�NCE TO MLiNICIPAL ZONING CODE SECTIOId 10.55, SIIBDIVISION 8 � AI�fD A COI�DITIONAL IISE PERMIT PER SSCTION 10.03, SIIBDIVISIOYd 13 . FILB #1216 6aHEREAS, Clark Winslow (hereinafter "the applicant") is the owner of the property located at 1595 Bohn's Point Road within -the City of Orono (hereinafter "City" ) and 1.egalYy described as Lot 2, Block 1, Beth and Bridget, Hennepin County, Minnesota (hereinafter "property") ; and WHEREAS, the applicant has made application to the City of Orono to permit the dredging of 1 , 548 cubic yards of spoils from a pond approximatel.y 1/2 acre in area requiring a conditional use permit per Section 10.03, Subdivision 19 and per Section 10.55, Subdivision 8 seeks approval of a variance because the pond is classified as a designated wetland. • NO�1, T�EREFORE, BE IT RSSO�VED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1216. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The property is approximately 2.12 acres in area. 4. The Orono Planning Commission reviewed this application on October 19, 1987, and recommended approval of the proposed variance to Section 10.55, Subdivision 8 aI Yowing the dredging of a designated wetland, and recommended approval of a conditional use permit per Section 10.03, Subdivision 19 to aYlow the dredging of 1,548 cubic yards of spoils from the pond, based on the following findings: � , A) The actual alteration will involve only 25$ of the pond area at approximateYy 1/2 acre. B) The proposed depth of 12 f eet wi I I reduce a 1 gae growth and pond orders. . � � Page 1 of 4 y_ ` � r Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2296 � ' � - • • The scope of the overall project is minimal and wilY result in a negligibYe impact on the Yake and wetYands. D) In a report dated October 12, 1987, the City Engineer Glenn Cook had the following comments: ' i. The proposed alteration will improve the sedimintation capacity available and widlife habitat. ii. The proposed alteration would not appear to have any long term adverse effects on Lake Minnetonka. iii. The alteration will reduce the assimilative capacity of the marsh slightly. Based on a review of the necessary findings in approving the alteration of a protected wetland, the Planning Commission made the following findings: l. The proposed alteration w�i1 not restrict the passage of flood • water or run-off. , 2. The alteration wi].1 not pose a danger to life or property. 3. The proposal appears to be compatible with the City's desire to preserve natural Iand forms, vegetation and wetlands. 4. The al�eration wi1l provide greater storage or retention of run- off as a result of the increase in depth. 5. The City Council finds that the conditions existing on this pro- perty are peculiar to .it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to aY Yeviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the. City. 6. The City Counci 1 f inds that granting a conditional use permit to allow the dredging of the wetland wiYl 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. Page 2 of 4� *f' . � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL �� NO. 2296 � ' • - • • CONCLUSIONS, ORDffit AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to allow the dredging of 1,548 cubic yards of spoils from a wetland on the subject property, subject to the following conditions: l. Prior to dredging sil� fencing must be instalYed near the pond outlet. , 2. The hauling of the spoils shall not take place on Saturdays or Sundays and shall only be conducted Monday through Friday, 7 :30 a.m. to 4 :30 p.m. The City must be advised in writing if there is a valid need to vary from this approved schedule. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by • application for a building permit within one year of the date of Council approval, or the special conditions of this resolution wil I expire on that date (November 9, 1988). 4. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, Sna�.1 automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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 ag'rees 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 November, 1987. ATTES : _ �1 ' orothy M. alYin, City Clerk Jame R. Grab , ayor � '�^ / �� ^f �roperty Owne (s) � • Page 3 of 4 . " .. �,� . cit� o� oR,oNo � RESOLUTION OF THE CITY COUNCIL � NO. 2296 � ' • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of /Vp(��y�.�� , 198� before me a Notary Public within and for said county, personally appeared ,��r� �. �i ✓�S/b'i.�� 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. 1�4�� ` �L� �HEN��2 NOTA P BI,IC • 9_�.��. MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. - COUNTY OF HENNEPIN ) On this ��' day of �pV�/�y1�vr[i�' , 198� , before me a N ry Pu lic ithin and for said County, personally appeared ��o�.rk �' Gc�'j�n5 �b7ti) known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ` � � NOTARY PUBLIC �TMY M�1'q �kNN g�E OTA � w'�N�N� -A '�a ' MY COMMISSION EXPIRES � • Page 4 of 4