HomeMy WebLinkAboutResolution 2365 ' �. . . •
_ � Clt���o� ORONO � � � �
• � ��
' RESOLUTION OF THE CITY COUNCIL
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� NO. 2365
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: A RESOLOTIOId GRANTING
A CONDITIONAL DSE PERMIT
PER MITNICIPAL ZONING CODE
. SECTION 10.03, SIIBDIVISION 19
� • - FILE #1234
WHEREAS, John F. Dougan (hereinafter "the applicant") is the
owner of the property located at 2785 White Oak Circle within the City of
Orono (her'einafter "City") and legally described as follows:
. Tract A, Registered Land Survey No. 1447, Hennepin County, Minnesota
(hereinafter "the property" ) ; and
WHER$AS, the applicant has applied to the City of Orono for a
Conditional Use Permit to permit grading and excavation of a retention pond
and swale for flood control purposes, per Municipal Zoning Code Section
10.03, Subdivision 19.
• NOW, TH$REFORE, BE IT RESOLVED by the City Council of Orono,
i Minnesota:
. . FIAIY3INGS
l. This application was reviewed as Zoning File #1234.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. On January 27, 1988, the Orono Planning Commission reviewed the
application as proposed and recommended approval, finding that:
A) The applicant°s property suffers flooding on an occasional
basis. The property is relatively low within the watershed and
the property is nearly level from west to east, hence drainage
from the steeper watershed upstream slows down and accumulates on �
app 1 icant's property.
B) The drainageway through applicant's property is not a
designated wetland.
C) The applicant's drainfield is within the area that is
occasionally flooded and is affected adversely during such
' periods.
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
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� NO. 2365
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D) 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 solve 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 flooding
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 will 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 including the
findings and recommendations of the Planning Commission, reports by
staff and commen�ts of the applicant and the effect of the proposed use
on the health, safety and welfare of the community.
7. The City Counci 1 f inds• that granting a Conditiona 1 Use Permit to
allow the grading and excavation of a retention pond and swale 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.
CONCLIISIONS, 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, Subdiv.ision 19 to permit the grading and excavation of a
retentiori pond and swale for flood control purposes, subject to the
following conditions:
l. Prior to the City issuing � a land alteration permit to the
applicant, the applicant must complete the following:
• A) Execute a Developer's Agreement and provide a letter of
credit (City to determine the amount of the letter of credit) to
be effective for one year.
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�� �. - Cit� o� ORONO
• � - `
� � ^ ' R�SOLUTION OF THE CITY COUNCIL
' ,.:Q�` ..
, '� _ `° NO.. 2365
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B) Execution of a Flowage & Conservation Easement over the pond
and swale ( legal description for easement to be provided by
City) .
C) Grading plans for pond/swale and additional filling adjacent
to drainfield area designating proposed and existing contours�
Applicant is limited to the use of spoils removed from pond an
swale excavation.
D) Execute a permanent Hold Harmless Agreement for the proposed
land alteration.
2. Applicant must apply for the renewal of the original M.C.W.D.
permit.
3. The disturbed areas shall be re-vegetated as soon as possible
following the completion of the grading work.
• 4. Al1 fill to be transported from site shall be conducted during the
daily time period beginning at 7:30 a.m. to 5:30 p.m., Monday through
Friday only.
5. Authorities granted by this conditional use permit run with the
property not with the applicant, but are permissive only and must be
exercised by application for a land alteration permit within one year
of the date of Council approval, or this conditional use permit wil 1
expire on that date (February 8, 1989 ) .
6. 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.
7. The undersigned appli�cant 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 Counci 1 on this 8th day of February,
1988.
ATT S!r:
�� .
! �Dorothy M. allin, City Clerk Jame R. Grabek, Mayor
� , �--� C�
Pro rty Owner(s) - �
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� , . .
Clt� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2365
�
' • - • • ,
STATE OF MINNESOTA )
, ) ss.
COUNTY OF HENNEPIN )
On this l`7 �� day of ��hi'�czr� - , 198�
before me a Notary Public within and for said ounty, personally
, _ appeared �7Dhr? �. bOU.qan
. known to me to be the .person ) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�� Gx���-�c..� �
Patr�cta L. Perersun NOTARY PUBLIC
' NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires 7-15-93
� �l -/s- 9�
MY COMMISSION EXPIRES
STATE OF MINNE50TA )
)ss. .
COUNTY OF HENNEPIN )
On this �D `� day of �'�eb/uary , 1988, before me
a Notary Public within and for said County, personally appeared
�, L�fhh IQO�c,a.r� known to me to be the
person(s) �escribed n and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
' (their) free act and deed.
. NOTARY PUBLIC
Patricia L. Petersun
� NOTARY PUBLIC - MINNESOTA
_ HENNEPIN COUNTY � — /c-Q 2 .
My commfssion explres 7-15-93 `J �J
MY COMMISSION EXPIRES
�
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