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Home My WebLink AboutResolution 2413 a q ' e , • :.. . d Cit o� ORONO _ 3' • V4 � RESOLUTION OF THE CITY COUNCIL _`,,, i ��" N O. 2 413 • � • • A RESOLUTION REVISING THE CONDITIONS OF APPROVAL OF RESOLDTION �2305 FILE #1211 . . WHEREAS, Cheyenne Land Company is the owner of the property located at 1335 Orono Oaks Drive within the City of Orono (hereinafter "City") and legally described as Lot 8, Block l, Orono Oaks, Hennepin County, Minnesota; and James and Judy McCaffrey (hereinafter "the � applicants") are the owners of the property located at 1225 Orono Oaks Drive within the City of Orono legally described as Lot 7, Block l, Orono Oaks, Hennepin County, Minnesota; and WHEREAS, the owner and the applicants were granted a variance to Municipal Zoning Code Section 10.55, Subd. 8 and granted a conditional use permit per Section 10.55, Subd. 10 (B) per Resolution #2305 of the City Council dated November 23, 1987, to allow fill and grading within a designated wetland area where such construction is not normally allowed, in order to construct a private residential • driveway; and WHEREAS , puxsuant to the conditions of approval of ' Resolution #2305 the applicants contractor obtairied the necessary grading permit and commenced construction of the approved driveway. through the wetland; and WHEREAS, due to soil conditions at the site of the approved driveway, construction of that driveway was halted by the contractor prior to completion, because it was determined that successful completion of that driveway would not be technically or economically feasible; and WHEREAS, on April 8, 1988 the applicants submitted a formal request to the City to allow the construction of a driveway in a revised location, requiring an easement through Lot 8, Block l, Orono Oaks (1335 Orono Oaks Drive); and WHEREAS, the Council finds that the majority of the proposed driveway will be located 26' or more from the wetland on Lots 7 & 8 , except for a portion of approximately 100' in length which is less than 26' from the edge of the wetland but not within the wetland. The Council further finds that the proposed driveway will cross a designated drainageway which can be feasibly crossed in conjunction with the use of a 24" culvert, which will result in no impediment to current or expected flows through that drainageway; and • WHEREAS, the Council finds that the proposed driveway easement through Lot 8 will have no effect on potential future drainfield sites within Lot 8; and Page 1 of 5 � r.. . :- � e. c�t o� oR,oNo � • ' � RESOLUTION OF THE CITY COUNCIL � NO. 2413 • � • • WHEREAS, 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; granting a 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 applicant; and would be � in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City; and � WHEREAS, the City Council finds that granting a conditional use permit to allow the construction of a driveway less than 26' from the edge of 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. � CONCI�IISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby approves the applicants current request to revise the original driveway location to a more suitable location within 26' of the designated wetland and requiring an easement across the neighboring property. The conditions of approval of the variance and ' conditional use permit granted in Resolution #2305 are hereby revised to read as follows: 1. Land Alteration Permit #00623 issed to the applicants contractor, Mason Homes , shall remain in effect for the restoration work required herein and for the proposed new driveway construction. Applicants shall call for a final site inspection upon completion of site restoration for the previously � approved driveway, and upon completion of the revised driveway. 2. The contractor shall to the greatest extent possible remove the fil 1 material that was placed in the wetland and shall remove any remaining fill placed near the cul-de-sac area. Restoration shall be completed and approved by City staff no later than October l, 1988. • 3. The wetland areas disturbed by the unsuccessful driveway construction attempt shall be allowed to return to their natural state. No further attempt to construct or reconstruct a driveway in that location is allowed without City approval. Page 2 of 5 . \! ` - r � .� . Clt� of ORONO • �`� RESOLUTION OF THE CITY COUNCIL � NO. 2413 • � • • 4. Prior to commencement of construction of a driveway in the revised location, the applicants shall provide the City with a . . . copy of>:a private driveway easement over Lot 8 in favor of Lot 7. 5. The culvert at the drainageway crossing under the driveway shall be 24" in diameter. 6. The applicant is advised to contact the Minnehaha Creek Watershed District to obtain any permits they may require for this work. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only. _Restoration work shall be completed by July 1, 1988. Driveway construction must be commenced within one year of the date of � Council approval, or the special conditions of this resolution will expire on that date (April 25, 1989). � � • 8. 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 shal 1 be punishable as a misdemeanor. � 9. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heir,s, 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 25th day of April, 1988 . AT T: _ � D othy allin Cit Clerk Jam R. Grabek, Mayor , (1c�S (3 P e wner( ot 7) Property er (Lot 8) � ( � G � �4� • Pro fy Owner (Lot 8) (5) For Cheyenne Land Co. Lot 8) Page 3 of 5 c . r�� I ., � .. ` . d Ci.t� of ORONO � ' � RESOLUTION OF THE CITY COUNCIL � NO. 2413 • � • • STATE OF MINNESOTA ) ° ) ss. COUNTY OF HENNEPIN ) On this /��h day of �I u-/y , 1988� before me a Notary Public within and for said county, personally apgeared ,�m�s h'J. me�a�frev �� Tu dN /7')e C�a�re� known to me to be the , person(s) � describe in and who executed the foregoing instrument, and acknowledged that �e (they) executed the same as -�- (their) f ree act and deed. ,r�.=;;. KATHLfEN S. SOROKA //��,� '�� NOTARY PUBUC—MINNESOTq /L^GL'�-tux�flCi � � . ��; HENNEPIN COi1NTY NOTARY PUBLIC ` ' My commission expires f2-16-91 • /o� —/� — �/ . . 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, 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. i NOTARY PUBLIC I MY COMMISSION EXPIRES . � - . . • , . ., -�r '.. . .- _ e clt� o� oR,oNo • � RESOLUTION OF THE CITY COUNCIL 'i(� NO. 2413 • � • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this s� day of , 198 � before me a otary Publ ' within and f said county, personal ly appeared known to me� to be the person(s) described in and who executed the foregoing instrument, an acknowledged that he (they) executed the same as his (their) free act and deed. �� NC�IT Y PUBLIC .��.� JANE ANN KLANC� � :.� � NOTARY PUBLIC—MINNESOTA • HENNEPIN COUNTY �/7 /�3 My Commission Exp Apr 7,�g� , MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this �� day of , 198 �, before me a N r� Public within and for sa' County, personally appeared . �� ,L�.(� known �o 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. C�i�� ARY PUBLIC :.�"� JANE ANN KLANG !� � NO7ARY PUBL�C—MINNESOTA HENNEPIN COI.�NTY �/7 /�f'�3 My Commission Exp qF� � t�� MY COMMISSION EXPIRES � Page 5 of 5