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HomeMy WebLinkAboutResolution 2514• City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2514 A RESOLUTION GRANTING A VARIANCE AND CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 19 & 20 AND SECTION 10.55, SUBDIVISION 8 FILE #1324 WHEREAS, Mr. & Mrs. William Gregory (hereinafter "the applicants") are the owners of the property located at 1099 Tamarack Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 1, Underhill Farms, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicants have made application to the City of •Orono to permit the excavation of a.pond within a designated wetland area, requiring variances and conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 8 and Section 10.03, Subdivisions 19 & 20. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1324. 2. The property is located in the RR -1B Single Family Rural Residential Zoning District. 3. The property is approximately 3.5 acres in total area. 4. The Orono Planning Commission reviewed this application on September 19, 1988 and recommended approval of the proposed variance and conditional use permit based on the following findings: A) The wetland area to be excavated is a designated wetland of 0.6 acres per City Wetland Maps. B) Approximately 25% of the wetland area is intended to be excavated to create a pond approximately 120' in length and 60' in width. The spoils will be placed along the east and south sides of the driveway which exists to the north and west boundaries of the wetland. Page 1 of 4 • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2514 C) The watershed area draining to this existing wetland is relatively small, comprising 11.9 acres. The proposed pond after construction will still retain the 100 year rainfall event. Storage area will not be significantly affected by the proposal. D) This project has been reviewed and approved by the Minnehaha Creek Watershed District, who found that the excavation will not alter, local drainage patterns or have a significant impact upon storage available at the site. E) Calculations have been submitted by the applicants' engineer indicating that the amount of spoils to be excavated is equivalent to the amount of the proposed fill, hence no extraneous fill will enter or leave the site. 5. 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 applicants, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the proposed pond excavation 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances and a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 8, and Section 10.03, Subdivisions 19 & 20 to allow excavation of a designated wetland area to create a pond area within that wetland, subject to the following conditions: • Page 2 of 4 • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2514 1. Prior to issuance of a grading permit, the property owners shall grant to the City a Conservation & Flowage Easement over the boundaries of the wetland area. The legal description for such easement shall be provided by applicants and approved by City staff. 2. All grading work must take place within the property boundaries. 3. All .grading work shall conform to the grading plan proposed, and per any amendments that may be required by the Watershed District. 4. Property erosion control shall be maintained during all phases of the property until the area is revegetated. 5. Such revegetation, i.e. seeding or sodding and erosion control, shall be commenced immediately after the grading work is completed. 6. Per the current fee schedule, the applicants' contractor must • obtain the normal $50.00 grading permit prior to commencement of the excavation work. 7. 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 (October 10, 1989). 8. 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. 9. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of October, 1988. ITS 4M t -01M it 4 roperty Owrjer ( s Page 3 of 4 yor • City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2514 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 2--� day of 198_8 before me a Notary Public wi in and for said county, personally appeared known to me to be the persons) "scribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. OWPAY PUB C `�MrNNESMA • HENNEPIN COUNTY 14 oCMUOn expires 9.8.92 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC MY COMMISSION EXPIRES On this day of , 19 8 , 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. NOTARY PUBLIC 0 MY COMMISSION EXPIRES Page 4 of 4