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HomeMy WebLinkAboutResolution 2425 �►' - ' � c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � � NO. 2425 • � • • A RESOLUTION GRANTING A CONDTIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND SECTION 10.20, SUBDIVISION 3 (D) AND A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2, FOR , THE. METROPOLITAN WASTE CONTROL COMMISSION - FILE �1256 � WHEREAS, the Metropolitan Waste Control Commission (hereinafter "the applicant" ) has made application to the City of Orono (hereinafter "City" ) to permit the installation of sewer lines within major portions of . the r.ight of way of County Road 51 and County Road 19 to be constructed within two defined phases of construction. Beginning in the summer of 1988 and ending in the late summer of 1989, the sewer project will involve the following land alterations and improvements : l. A Conditional Use Permit per Section 10 .03, Subdivision 19 for the grading and filling activites involving more than 100 cubic yards of fill. 2 . Per Section 10.20, Subdivision 3 (D) a Conditional Use Permit is • required for the major upgrading of 3 lift stations and the installation of 2 new lift stations. 3 . Per Section 10 .22, Subdivision 2 for the excavation and filling � work and the installment of sewer lines within 75 ' of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1256. 2. The Orono Planning Commission reviewed this application on March 21, 1988, and recommended approval of the Conditional Use Permi`t and Variances as proposed based on the following findings. a. MWCC study has confirmed that the existing sewer lines and lift stations have reached capacity. In order to solve the capacity problems a parallel sewer line will be installed in addition to vacating existing lift stations and installing • lift stations with greater capacity. b. Erosion control throughout the project will assure water quality/runoff to Lake Minnetonka will not be affected. • c. The City received no negative comments from any of the neighbors notifed within 350 ' of each of the 5 lift station installations. . Page 1 of 3 �. � c�t� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � � NO. 2425 � � • • d. The proposed improvements will be in keeping with land use plans and planning objectives for the City and wil 1 not increase or cause danger to life or property. 3. The City Council finds that the conditions existing on this property are perculiar to it and do not apply general 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; but would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessarily to preserve a substantial property right of the applicant; and would be in keeping with the spirit and the 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 " allow land alterations as proposed and the installations of the five lift stations 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 proper,ty 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. CONCLDSIONS, OYtDER AND COIJDITIONS y Based upon on� or more of the above findings , the Orono City Council hereby grants a Variance per Municipal Zoning Code Section 10.22, :- Subdivision 2 approving the encroachment of the required 75' lakeshore setback areas for specific land alterations and improvements noted above and grants a Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 for all land alterations in excess of 100 cubic yards and Conditional Use Permit per Section. 10.20, Subdivision 3 (D) for the installation of lift stations within the City subject to the following conditions : 1. The applicant shall work closely with the City to provide adaquate erosion control during the entire project consistent with the Minnehaha Creek Watershed District permit. 2. Both the City and County shall work together during this entire project to provide adaquate and timely notification of road closings in addition to maintaining safe traffic f low with detour routes. • 3. Authorities granted by this resolution are permissive only and must be completed within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (May 9 , 1989 ). Page 2 of 3 ,� , , . � c�t� o� oR,oNo � R�SOLUTION OF THE CITY COUNCIL � � NO. 2425 • - • • Adopted by the Orono City Council on this 9th day of May, 1988. ATTEST: . Dorothy M. Hallin, City Clerk Jame R. Grabek, � . Page 3 of 3 •