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, Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2320
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A R$SOLDTION GRANTYNG
�i �IARIANC$ TO
MUNICIPAI, ZONING COD$
SECTION 10.55, SDBDIV7CSION 8
A1�D A CONDITIONI�L DSE Pffi2A+iIT
PER SECTIOFI 10.03, SDBDIVISION 19
FILE #1816
WH$RElaiS, Clark Winslow (hereinafter "the applicant") is the owner
of the property located at 1595 Bohn's Point Road within the City of Orono
(hereinafter "City") and legally described as Lot 2, Block 1, Beth and
Bridget, Hennepin County, Minnesota (hereinafter "property") ; and
WHER��iS, the applicant has made application to the City of Orono
to permit the dredging of 1 , 548 cubic yards of spoils from a pond
approximately 1/2 acre in area and the excavation of 650 cubic yards of dry
land area adjacent to the pond to compensate for filling of road bed
located on east side of pond requiring a conditional use permit per Section
i0.03, Subdivision 19 and per Section 10.55, Subdivision 8 seeks approval
of a variance because the pond is classified as a designated wetland.
• NOW, TH$REFORE, BE IT 1tESOLV�D by the City Council of Orono,
Minnesota:
' FINDINGS
1. 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 allowing the dredging of a designated wetland,
and recommended approval of a conditional use permit per Section
10.03, Subdivision 19 to allow 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 approximately 1/2 acre.
B) The proposed depth of 12 feet will reduce algae growth and
pond orders. -
• C) The scope of the overall project is minimal and will resul�
in a negligible impact on the lake and wetlands.
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2320
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D) In a report dated October 12, 1987, the Ci�y Engineer Glenn
Cook had the f o 11 owing 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.
5. Based on a review of the necessary findings in approving the
alteration of a protected wetland, the Planning Commission made the
following findings:
A. The proposed alteration will not restrict the passage of
f lood water or run-off.
• B. The alteration will not pose a danger to life or property.
� C. The proposal appears to be compatible with the City°s desire
to preserve natural �.and forms, vegetation and wetlands.
D. The alteration will provide greater storage or retention of
run-off as a result of the increase in depth.
6. The land alteration wiYl greatly improve the safety of the users
of Bohns Point Road by widening the road bed and providing gentler
slopes adjacent to wetlands.
7. The applicant has agreed to excavate an adjacent Iand area of
the wetlands to compensate for area fil led on east side of pond with
the improvement of the public road.
8. 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 alleviate a demon-
strable hardship br 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 Pl.an of the
� City.
9. The City Council finds that granting a conditional use permit to
allow the dredging of the wetland will not be detrimental to the
health, safety or general welfare of the public, would not adversely
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Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2320
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a e`dt light, air nor pose a fire hazard or other danger to
neighboring properties, nor will it depreciate surrounding property
values and that the proposed leve,I of use of the property will be in
keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
COYJCLIISIONS, ORDER AND COIaDITIONS
Based upon one or inore 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, silt fencing must be installed near the pond
outlet.
2. Applicant shall excavate 650 cubis yards of dry land area to
compensate for filling of designated wetlands per plans referenced as
• exhibit B in Council packets for December 14, 1987 meeting.
3. 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.
4. 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 will
expire on that date (December 14, 1988).
5. Violation of or non-compliance with any of the terms and condi-
tions 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.
6. The undersigned applicant has read, understood and hereby agrees
to the terms of this reso].ution 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 14th day of December,
1987. " . _
� ATT T:
/ o./ ' — -- _
0 othy allin, ity Clerk Jame R. Grabe , ay
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Property wner(s)
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d Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2320
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STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On . this O� `�� day of �-PC�� �°e�' ► 198 �
before me a Notary Public within and for said county, personally
appeared (���G't�'/C,�. L�1i✓�s/ow -}- Qah�.�-dn �• [-�%�slo�known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowYedged that he (they) executed the same as
his (their) free act and deed.
�
Patricia L. Petersun NOTARY PUBLIC '
'• �OTARY PUBLIC - MINNESOTP
HENNEPIN COUNTY _
� My commission expires 7-15-9?
�-�S %3
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. �
COUNTY OF HENNEPIN ) .
On this day of , 198 , before me
a Notary Public within and for said County, personal 1y 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
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