HomeMy WebLinkAboutResolution 2078 � ;• . . .
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� Cit� o� ORONO
�
• RESOLUTION OF THE CITY COUNCIL
� NO. 2078
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A RESOLIITION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
� SECTION 10.03, SUBDIVISION 19
FILE #1078
WH$REAS, John B. Massopust and Longridge Associates (herein-
after "the appYicants") are the owners of the property located at and
near 440 Brown Road South located within the City of Orono
(hereinafter "City") and 1ega11y described as follows:
Lot 3 , B1ock, ]:� Stronghold, Hennepin County, Minnesota;
and �
The following described property in Section 3, Township 117
North, Range 23 West of the 5th Principal Meridian:
Commencing at the Northeast corner of the Northeast 1/4 of the
Southeast 1/4, then South 380 feet to a point 936.4 feet `North of
• the Southeast corner of the Northeast 1/4 of the Southeast 1/4,
then Westerly para11e1 with the South line thereof 456.05 feet,
then deflecting 89 degrees 45. minutes to the left a distance
191.55 feet, then Westerly para11e1 with the South line of the
Northeast 1/4 of the Southeast 1/4 a distance 872.75 feet to a
point in the west line thereof a distance 744.85 feet North from
the Southwest corner thereof, then North 580 feet to the
Northwest corner thereof, then East to the point of beginning,
(hereinafter "property); and
WH$R$AS, the applicant has applied to the City of Orono for
a Conditional Use Permit to permit grading and excavation of a
wild�ife pand per Municipal Zoning Code Section 10.03, Subdivision 19.
NOW, THEREFORE, BE IT R$SOLVED by the City Council of Orono,
Minnesota:
FINDINGS ,
1. This application was reviewed as Zoning File #1078.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. On October 20, 1986, the Orono Planning Comm�.ssion reviewed
the application as proposed and recommended approval, finding
• that:
A) The pond area in question is not a designated wetland.
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�� � Cit o� ORONO �
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2078
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B) The pond apparently existed previously as a pond only on
an intermittent basis, as indicated by inundated trees
present at the perimeter of the existing basin, noting no
cattails or other characteristic wet�and vegetation at the
site.
C) The pond area may have previously had an outlet which
was f i l led in during construction of the private road and
� cuY-de-sac.
4. The pond is at a very high point in the watershed of Lake
Minnetonka, and as previously existed had insignificant value as
a storage or nutrient retention area by virtue of a fairly small
inf luent watershed.
5. This proposal to excavate the center of the pond area and
fill at the perimeter will provide no designated outlet point,
• creating a basin that by design w�i1 capture and retain the
current run-off inflow, hence additional storage and nutrient
retention W�ii be provided in the watershed, which is a benefit
to Lake Minnetonka.
6. 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.
7. The City Council finds that granting a Conditional Use Permit
to a l low the grading and f i 11 ing in this pond area wi 11 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 w�i1 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 COI�DITIONS
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
. excavation of a wildlife pond, subject to the following conditions:
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�� Clt o� ORONO �
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• RESOLUTION OF THE CITY COUNCI L
`� . NO. 2078
• - • •
1. Applicants shall grant a Conservation and Flowage Easement to
the City over the pond area.
2. Applicants and applicants ' contractor shall provide
appropriate erosion control measures as required by the City
Inspector.
3. The pond banks and disturbed area sha11 be re-vegetated as
soon as feasible following compYetion of the excavation and
grading. �
4. The appYicants are advised that upon granting of a
Conservation and Flowage Easement over the pond, the pond becomes
a designated wetland subject to the 26' wetlands setback. No
future additions to the house at 440 Brown Road South may extend
closer than 26' to the edge of the pond.
5. The applicants' contractor shall obtain a grading permit
� prior to commencement of the work on the pond.
6. Violation of or non-compliance with any of the terms and
conditions of this resolution sha11 constitute a vioYation of the
zoning code, shal 1 automatically terminate any authority granted
herein, and sha11 be punishable as a misdemeanor.
7. The undersigned app�icant 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 resol.ution in the chain of title of the property.
r
Adopted by the Orono City Council on this lOth day of
Novqmber, 1986.
, �
ATT ST: •
� .
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�.
/
othy . al.lin, City Clerk Ma y C. B � r, yor
LONGRIDGE A 0� C�IA/TE� ��n /� —
W �'�-��
�artner Property Owner(s) • uncan ac i an
� ��y� �. � � .
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- � � : -� � � c�t� o� oR,oNo
• �
RESOLUTION OF THE CITY COUNCI L
{,
�`�: NO. 2078
"� •
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s "�t[(�'Ct`EptT�4 day of (J6dE, .�}Z._ , 19 8 6
before me a Notary Public within and for said county, personal ly
appeared 1�, puNCAdJ M,4GM I t_l.,o,tJ 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.
* ' �f
YbbD D.ANDREWW8
=`� N07ARY PUBLIC-MINN�SOTA
HENNEPIN COFIN7Y `
� My Comm.Expires Aug.7,198� TAR PUBLIC
� x e�
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
0 thi s �h day of , 19 86 , bef ore me
a �ar ub�l ' within a � for said County, personal ly appeared
, � known to me to be the
' p ' son(s) described i and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed. •
OT Y PUBLI
IiNDA L. FL ELL
' �NOTAl111 NlBLFC Nennean County �inn
Mr OIMIIfHOB EtprfS Au0 2�.1990
• MY COMMISSION EXPIRES
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