HomeMy WebLinkAboutResolution 2376 ., , .. �
c�t o� oR,oNo
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• RESOLUTION OF THE CITY COUNCIL
�� 2376
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A RESOLDTION GRANTING
A CONDITIONAL OSE PLRMIT
pgR MONICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 19 AND
VARIANCES PER MONICYPAL ZONING COD$
� SECTION 10.55, SIIBDIVISION 8
TO THE HSNNEPIAi CUDNTY D$pARTMENT OF TRANSPORTATION
gILE #1245
WH$REAS, the Hennepin County Department of Transportation
(hereinafter "the applicant") has made application to the City of Orono
(hereinafter "City") to permit the major upgrading of County Road 15 within
the unincorporated City limits of Navarre involving the following land
alterations: a conditional use permit per Section 10.03, Subdivision 19 as
the grading and filling activities involve more than 100 cubic yards of
fill and variances per Section 10.55, Subdivision 8 because certain of
these activities involves encroachment of either the 26' setback from, a
designated wetland, the 75' setback from Lake Minnetonka, and/or the
�esignated f lood plain as fol lows:
l. The filling of .05 acres of both a designated wetland and flood
plain on the north side of County Road 15.
2. The upgrading of existing, surface drainageways both at the west
end of the County S�ao f �the Dunwoody Avenue intersection and east of
County Road 15, we
' the Casco Point Road intersection.
3. �� The installation of culverts/storm sewers under County Road 15
(24 to 30 ) and 18� �h�e30°jtern border adjacent to the Hennepin County
shop f aci 1 ity (
4. Expansion of the road bed, paving and installation or replacement
of retaining walls within 75' of the shoreline of Lake Minnetonka.
' S. Realignment of the intersection of Dunwoody Avenue at County Road
�15 by narrowing the approach with curbing, reducing the degree of
slope, and aligning the access to a 90 degree angle at intersection.
6. Dredging additional retention area within the existing pond on the
Hennepin County shop facility property serving a 12.5 acre watershed.
NOW, TH$REFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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RESOLUTION OF THE CITY COUNCIL
��`� NO. 2376
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FINDINGS
1. This application was reviewed as Zoning File #1245
2. The Orono Planning Commission reviewed this application on July
16, 1987, and recorded approval of the �conditional use permit and
variances as proposed based on the following findings:
A) The proposed improvements along County Road 15 will not
result in a significant change in the quantity or quality of
water discharged to Lake Minnetonka.
B) The project will not result in any reduction in the water
storage area of the wetland/f loodplain areas adjacent to County
Road 15.
� C) There will be no negative impact created for the properties
on the south side of County Road 15 as a result of the filling of
the wetlands (on the north) or by the installation of a larger
sized culvert under County Road 15.
• D) There is adequate area within the protected wetlands on the
north side of County Road 15 to increase the retention capacities
, serving the 27 acre watershed at some time in the future should
. the need arise.
E) The major upgrading of County 15 will provide greater safety
for the public served by the roadway.
F) Per Section 10.55 Subdivision 25 (A), the following findings
must be able to be made if the requested variances are to be
approved:
1 ) The project will not increase the height or duration of
f loodwater in or along the Minnehaha Creek watershed.
2) The project will not -result in the placement of an
artificial obstruction which wi11 restrict the capacity of
floodwater in such a manner as to increase the height of
flooding.
3) The proposed improvement will not result in incompatible
, land uses which would be detrimental to the protection of
surface and ground water supplies.
4) The proposed improvement will not increase the financial
� burdens imposed on the community through increased floods
and overf low onto land areas within the City or onto land
areas adjacent to Minnehaha Creek.
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• RESOLUTION OF THE CITY COUNCIL
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;;..� NO. 2376
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5) The proposed improvement wi 11 be in keeping with land
use plans and planning objectives for the City and will not
increase or cause danger to life or property.
6 ) The proposed improvement will be consistent with the
objectives of encouraging land uses compatible with the
preservation of the natural land forms, vegetation, and the
marshes within the wetlands.
3. 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 variances 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 or 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 Plan of the
City. .
4. The City Counci 1 f inds that granting a conditiona 1 use permit to
al low the land alterations as proposed 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.
CONCLIISYONS, ORDER AND CONDITIOFIS �
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Section 10.55,
Subdivision 8 approving the encroachment of required setbacks for specific
land alterations and activities noted above and grants a conditional use
permit� per Section 10.03, Subdivision 19 for al 1 land alterations in excess
of 100 cubic yards also noted above, subject to the following conditions:
1. The applicant shall work closely with the City to provide adequate •
erosion control during the entire project.
2. A1 1 land alterations involving adjacent properties that exceed 100
� cubic yards of fill will require the separate filing of conditional
use permits with the City of Orono.
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• RESOLUTION OF THE CITY COUNCIL
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� NO. 2376 ,
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3. Both the City and County shall work closely with any property
owner whose property is severely restricted or limited in the normal
daily use of said property as a result of the improvement of the
County Road.
4. The City shall ask the applicant to consider allowing the
instal lation or use of natural plantings or fencing to define access
or screening from the impact of the upgraded, expanded County roadway
for properties severely limited by the improvements but in no case
� shall these improvements create potential hazards for the public who
use the roadway.
5. Authorities granted by this resolution are �permissive only and
must be exercised within one year of the date of Council approval, or
the special conditions of this resolution will expire on that. date
(February 22, 1989).
Adopted by the Orono City Council on this 22nd day of February,
��988.
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thy M allin, City Clerk • Jame R. Grabe , ayor
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