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Home My WebLink AboutResolution 2526City of oR,olvo RESOLUTION OF THE CITY COUNCIL NO. 2526 A RESOLUTION GRANTING A RENEWAL CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 20 FILE #1310 WHEREAS, Howard F. Eisinger (hereinafter "the applicant") is the owner of the property located at 3245 Wayzata Boulevard within the City of Orono (hereinafter "City") and legally described as follows: PID: 32-118-23 14 0002 Section 32, Township 118, Range 23, commencing at a point in the East line of Government Lot 1 distance 393.24 feet South along said line from the South line of State Highway No. 12 thence at right angles West from said East line 418 feet thence at right angles North 393.02 feet to South • line of highway thence West along said highway line to West line of said Lot 1 thence South along said West line to Northerly line of Great Northern Railroad right-of-way thence Southeasterly along said right-of-way line to East line of Lot 1 thence North to beginning (hereinafter "property"); and WHEREAS, the applicant has applied to the City of Orono for a renewal conditional use permit to permit the filling of 100,000 cubic yards of clean fill over a former dump site of approximately 12 acres in area per Municipal Zoning Code Section 10.03, Subdivision 19 and 20. The fill materials shall be placed such that the average height is maintained at 51. Filling shall take place 35' in from the adjacent wetlands at the 972 elevation. r Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1310. 2. The property is located in the RR -1B Single Family Rural Residential Zoning District. 3. On June 8, 1987, the Orono Council approved application #1103 granting a permit to the applicant to allow the filling project per • the conditions set forth in Resolution #2197. 4. The applicant proposes no changes from the original application with the renewal application (#1310) currently under consideration by the Council. Page 1 of.5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2526 5. On August 15, 1988 and October 3, 1988, the Orono Planning Commission reviewed the application as proposed and recommended unanimous approval of the application based on the following findings: A) The current proposal will have no negative impact on the surrouding wetlands or intersecting drainageway. B) Once again, the adjacent property owners have been advised of the applicant's proposal and none have voiced objection or submitted written opposition to the City. C) The application as modified by the Planning Commission will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vacinity. • D) Braun Engineering, in a letter dated May 28, 1987, has opined as follows regarding the placement of approximately 100,000 cubic yards of, fill over a former dump site: ". . .it is our opinion that the addition of 5' of fill over the area presents a very slight risk of embankment failure." 6. The City Council has considered this renewal application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 7. The City Council finds that granting a renewal conditional use permit to allow the filling of 100,000 cubic yards of clean fill within the area as defined by the Orono staff, will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air ndr 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 a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 & 20 to permit the placing of 100,000 cubic yards of fill within an area approved by the Orono staff, subject to the following conditions: Page 2 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2526 1. Prior to the hauling of fill to the site, the applicant or applicant's agent must submit the following; A) Six cross sections of existing topography. B) Final grading and erosion plan designating the following: i. Side slopes 5:1 ratio; ii. 1% slope to be maintained within inner fill area; iii. Silt fence installed 30-35' from wetland at 972 elevation - no land alterations allowed within 26' of wetland; C) Executed developer's agreement and appropriate security to • ensure final grading and seeding if fill project is not completed. 2. Fill shall not exceed allowed amount of 100,000 cubic yards. Average height of fill to be maintained at 51. Side slopes to be graded and seeded periodically during the course of the project. The Orono staff is to advise. applicant or applicant's agent when seeding is to be conducted. 3. Park Construction shall be responsible for advising the City of the monthly schedule of hauling activities so that staff can arrange an inspection schedule for the month. Prior to hauling any fill to the site, Park Construction must arrange for a pre -construction meeting with the Orono staff to review all final submittals and tentative hauling schedule. The City will ask that a representative of its Police Department be present at the pre -construction meeting to advise of any special traffic/safety concerns during the hauling process. 4. Hauling activities shall not be conducted during the following time periods: 6:30 a.m. to 8:30 a.m. 4:00 p.m. to 6:00 p.m. U Page 3 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2526 5. Park Construction shall cease all hauling to the site upon evidence of shearing and/or other signs of instability created by filling over the former dump site. Applicant shall not proceed with hauling until the City Engineer has had adequate time to review the evidence and submit a written report to the Council for their review and action. If Council determines that it is in the public interest to cease all hauling to the site, this conditional use permit shall be terminated immediately and the applicant shall complete the final grading and seeding of the entire disturbed area. 6. Applicant is responsible for up -dating all previous permits issued by the Department of Natural Resources, Minnesota Pollution Control Agency, Hennepin County Department of Environment and Engineering, and M.C.W.D. • 7. Authorities granted by this resolution run with the property not with the owner, but are permissive only and the filling of the site must have commenced within one year of the date of Council approval or the special conditions of this resolution will expire on that date (October 24, 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 applicant 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 Council on this 24th day of October 1988 ATTEST: y M.r/lal-lin, City Cler To e/j Owner(s) Page 4 of 5 • • City of ORONO STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) RESOLUTION OF THE CITY COUNCIL NO. 2526 On this Z� day of ---, 198ij before me a Notar P blic 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�N'�T R. GERHARDSON RY PUBLIC -MINNESOTA NEN EPINNCOsUN_ TY� STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC MY COMMISSION EXPIRES 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. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5