HomeMy WebLinkAboutResolution 2083 � � Clt c�� ORONO
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2083
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A RESOLIITIOAI GRANTING
A CONDITIONAL IISB PERMIT ,
PER 1�iUNICIPAL ZONIPiG CODI�
SECTION 10.03, SUBDIVISION 19 ' �
FILE #1082
WHEREAS, John F. Dougan (hereinafter "the applicant") is the
owner of the property located at 2785 White Oak Circle within the City
of Orono (hereinafter "City") and legaY].y described as follows: �
Tract A, Registered Land Survey No. 1447, Hennepin County,
Minnesota, (hereinafter "the property" ) ; and
' WHEREAS, the applicant has applied to the City of Orono for
a ConditionaY Use Permit to permit grading and excavation of a
retention pond and swale for flood control purposes, per Municipal
• Zoning Code Section 10.03, Subdivision 19.
NOW, TH$REFORB, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDYNGS �
1. This applicati,on was reviewed as Zoning File #1082.
2. The property is �ocated in the RR-1B Single Family Rural
� Residential Zoning District.
3. On October 20, 1986, the Orono Planning Commission reviewed
the application as proposed and recommended approval, finding
that:
A) The applicant's property suffers flooding on an
occasionaY basis. The property is relatively low within the
watershed and the property is nearly Ieve1 from �est to •
east, hence drainage. from the steeper watershed upstream
slows down and accumulates on appYicant's property.
B) The drainageway through applicant's property is not a
designatecl wetland.
• C) The applicant's drainfield is within the area that is
occasional ly f looded and is affected adversely during such
periods.
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2083
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) The combination of pond excavation and associated fill
to direct the drainage away from applicant's drainfield may
have some beneficial effect on the drainfield but might not
soTve the back yard flooding problem without a more
comprehensive project including neighboring properties
downstream. The applicant has acknowledged that this
project may not solve the entire f looding problem.
E) The applicant has obtained the required permit from the
Minnehaha Creek Watershed District.
4. Work done by private property owners which was tacitly
allowed by the City, which resulted in channelization of portions
• of the upstream watershed, may be contributing to some degree to
the rate of run-off reaching applicant's property.
5. The proposed grading and excavation w�ii have no anticipated
effect on the watershed upstream of the property, and is expected
to have no significant effect on nutrient retention or rates or
• amounts of run-off downstream from the property. �
6. The City Council has considered this application incYuding
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 allow the grading and excavation of a retention pond and swale
wil�. 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 Wii1
_ it depreciate surrounding property values and that the proposed
level of use of the property wiY1 be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the
City.
CONCLQSIONS, ORDER 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 , � Subdivision 19 to permit the grading and
excavation of a retention pond and swale for flood control purposes,
subject to the fol�.owing conditions:
• l. Applicant sha11 execute a Developer's Agreement and provide
acceptable security for the project prior to commencement of
work.
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• ''°� ��� � RESOLUTION OF THE CITY COUNCIL � .
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2. Applicant shall grant Drainage Easement and Flowage &
Conservation Easements .over the pond and swale, legal description
to be provided �by the City Engineers.
3. Suitable erosion control measures shall be provided as
requirecl by the City Inspector.
4. The disturbed areas shall be re-vegetated as soon as feasible
following completion of the grading work. -
5. Applicant's contractor sha1l obtain a grading permit prior to
commencement of the work. .
6. Violation of or non-compliance with any of the terms and
• conditions of this resolution shall constitute a,violation of the
. zoning code, shal 1 automatically terminate any authority granted
herein, and shal 1 be punishable as a misdemeanor.
7. - The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behaYf 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 24th day of
Nove ber, 1986. � �
ATT T:
.
Do othy M. allin, City Clerk Mary C. ler, Mayor
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Pr erty Owner(s)
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`�'� `�!«�y��."-�yy } � RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
� COUNTY OF HENNEPIN )
On this 14th day of January , 1987
before me a Notary Public within and for said county, personally
appeared John F. & E.Lynn Dougan, husband/wife 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. �
• NOTA Y PUBLIC
�,.bANNNAEB TA
�M��E�,��sT-BY-� _: __
9/8/92
. MY COMMISSION EXPIRES .
��• .
STATE OF MINNESOTA )
)ss. '
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary PubYic 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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