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Home My WebLink AboutResolution 2305 i. .. � �5 . � �� c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL a� NO. 2305 � ' • - • • � RESOLOTION GRAYiTYNG A VARIANCE TO MUNICIPAL ZOT�IPIG COD$ SECTION 10.55, SIIBDIVISION 8 AND G�iNTING �i CONDITIONAL IISE P$RMIT PER " SECTION 10.55, SOBDIVISI02d 10(B) FILE #1211 WH$REAS, Gerald Neslund (hereinafter "the applicant") is the owner of the property located at 1225 Orono Oaks Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 7, Block l, Orono Oaks, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of a residential driveway through a designa�ced wetland area within the property, requiring excavation, fill and grading within a designated wetland area where such construction is not normal].y • allowed per Zoning Code Section 10.55, Subdivision 8, unless a conditional use permit is granted per Section 10.55, Subdivision 10 (B). NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: `� . FIP]DINGS 1. This application was reviewed as Zoning File #1211. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. • 3. The property is approximately 4.2 acres in total area of which approximately 0.33 acres was designated as protected wetland area as part of the subdivision of Orono Oaks in 1978. The dry buildable area within Lot 7 under the current apparent wetland conditions is at Ieast 2.08 acres. - 4. The Orono Planning Commission reviewed this application on October 19, 1987 and recommended approval of the proposed variance and conditional use permit based on the following findingss a) The area of the property that contains actual wetland appears currently to extend beyond the boundaries of the wetland easement granted with the original subdivision. • Page 1 of 5 - clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2305 � ' • � • • b) Applicant proposes to construct the shortest possible driveway between the cul-de-sac and the dry land area of the property in order to minimize the area of actual wetland disrupted by driveway. c) In order to construct a driveway as originally intended on the property along the northerly lot boundary between Lots 6 and 7, a greater area of actual wetland would be disrupted than by � construction under the current proposal. d) The applicant has a right to have access to the property, and since no access easement exists to serve Lot 7 via any neighboring property, the variance is necessary to preserve a substantial property right of the applicant. e) The apparently variable nature of this wetland and the elevation and size of the existing culvert and drainageway Ieading away from the wetland, coupled with a variability in � topography and vegetation types would suggest that the wetland boundary is not easily definable. The Planning Commission recommended on a 4-2 vote that the City not require a total redefinition of the wetland at this time. 5. Further staff review indicates that an additional area of drainage from the south side of the Luce Line enters this property, hence it is appropriate to require the granting of Drainage and Conservation & Flowage Easements over an additional area of the property. Given the outlet elevations to the north of this wetland, it is unlikely that the wetland boundary would ever be greater or higher than the 952' contour. It is therefore appropriate that all areas below the 952' contour within the property boundaries be designated as protected wetlands through a Conservation & Flowage Easement. 6. The City Council finds that the conditions existing on this property 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 alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appiicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City�. • Page 2 of 5 � C . � cit� o� oR,oNo • RESOLUTION OF THE CITY COUNCtL �� NO. 2305 � ' • - • • 7. The City Counci 1 f inds that granting a conditiona 1 use permit to allow the construction of a driveway through the designated wetland will 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. CONCLUSIONS, ORDER AND CONDITIOINS 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 to allow construction of a driveway through a designated wetland area and grants a conditional use permit per Section 10.55, Subdivision 10 (B) for the excavation, filling, and grading necessary to construct such a driveway through the wetland, subject to the following conditions : • l. The culvert underneath the driveway shall be inches in diameter. 2. The applicant is advised to contact Minnehaha Creek Watershed District to obtain the permits that they will require for this work. 3. The proposed driveway shall be no wider than 14 feet at the driving surface, with 3 foot shoulders on each side in addition to that 14 feet, and shall maintain 3:1 side slopes as proposed by the designer. The tota 1 width of the driveway taken up by the driveway and f i 11 shall average no more than 35 feet. 4. A Flowage & Conservation Easement shall be granted within the property boundaries below the 952' contour. Applicant's surveyor shall provide a metes and bounds Iegal description for the boundaries of that wetland to be designated. 5. In the event that the driveway is constructed in conjunction with an actual building permit application for a residence on the property,� no grading permit shall be required. .In the event that driveway construction occurs prior to application for a building permit on the property a grading and excavation permit shall be obtained by the applicant or his grading contractor prior to such construction. Construction of the driveway shall be subject to City inspection and approval. � • Page 3 of 5 ° Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2305 � ' • - • • 6. 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 or grading permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (November 23, 1988). 7 . 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. 8. 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 23rd day of November, 1987 . � ATT � T: , , or thy M. allin, City Clerk Jame R. Gr Mayor . �� . Property Owner(s) • Page 4 of 5 . .. •• . , � ♦ � � � clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2305 � ' • - • • •' STATE OF MINNESOTA ) " • ) ss. COUNTY OF HENNEPIN ) On this day of , 198_ before me a Notary Public within and for said county, persona�ly 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 : • MY COMMISSION EXPIRES Arizona STATE OF �R��'�f3`.�A ) )ss. . COUNTY OF �i�,`I3�d��-A3 ) Maricopa On this 15th day of December , 198�, before me - :a''•:Hotary Public within� and f� said ounty, personally appeared ;��b�;�.� - '�4 known to me to be the �` c�;�e�:'son�(-s.) . described in and who executed the foregoing instrument, :0.-..�.'�� `�c�,��.��:nowledged that he (they) executed the same as his � --:a�,j(t�t��r)i:�=ree act and deed. ' � " } r� ��#��.Z \ ' ="� ��_��333ct°��a.r*' -: �- • F� '�f.sy�Y� V,r�� f� / / ,`�,''�t.��r-� ,Pr�,r` ��s�� "��°'�P,�'�'��1 'C d';��°' NOTA Y SLIC yk•fi7��t��Y16�1'tYti�yk 1 `t�Q;;;�a Yr.A�,...1 � . .I'„ Oct. 17,1990 MY COMMISSION EXPIRES s � Page 5 of 5