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Home My WebLink About#5954-CUP/LA-2010 � �� . � Doc No A9771668 Certified, filed and/or recorded on 4/4/12 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, Acting County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 790954D Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTEFtATiON PI;R S�C7'I01�d 78-966 FILE NO. 10-3476 � o� o _,, o �� -� ,A C ITY of ORONO ,� � _;� �., � � , ::�;�� Gti RESOLUTION OF THE CITY COUNCIL ��9 4�' NO. � � � � kESHO A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR LAND ALTERATION PER SECTION 78-966 FILE NQ. 10-3476 WHEREAS, the David A. Netjes Revocable Trust under Agreement dated June 9, 2006, (hereinafter"the Owner") is the owner of the property located at 550 East Long Lake Road (hereinafter "the Property") within the City of Orono (hereinafter the "City") and legally described on the attached Exhibit A; and WI3EREAS, Owner has made application to the City for a conditional use permit for land alteration in excess of 500 cubic yards in order to re-b ade the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a publ�c hearing on July 19, 2010, at which time all persons desiring to b� heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#10-3476. 2. The City Engineer has reviewed the plans and finds them acceptable. 3. The Planning Commission reviewed this application on July 19, 2010 and on a vote of � - 0 found that with conditions the application will satisfy the requirements for granting a conditiona] use permit. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Owner and the public, and the effect of the proposed Page 1 of 3 � o� 0 0 '��a_.- CITY of ORONO ,� : _;{ �, � �_�� RESOLUTION OF THE CITY COUNCIL ��kES�I�4�G NO. � � � �`� conditional use on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the proposed re-grading is in accord with the objectives of the RR-1B zoning district in which the site is located and with the comprehensive mi:nicipal plan and that the proposed land alteration would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit for re-grading of the Property in order to prevent erosion onto East Long Lake Road by leveling the land and installing rain gardens and in order to provide level areas for a sport court and a water cistern for fire protection, subject to the following conditions: l. Council approval is based on the grading plan and the tree replacement plan submitted by the Owner, attached to this Resolution as Exhibits B and C. Any changes or amendments to these plans will require further Planning Commission and City Council review. 2. Before the project commences, a zoning permit for land alteration and a building permit for the retaining walls must be obtained from the City and a copy of the MCWD erosion control permit provided to the City. In conjunction with the City permits, the Owner will provide an escrow of$2,500 and sign an escrow agreement to ensure that erosion and sediment control measures are properly maintained, any required replacement trees are installed, and any damage to public property is repaired. 3. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a land alteration permit and a retaining wall building permit before August 9, 2011 or grounds will exist for revocation of the conditional use permit. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall cons�itute a violation of the zoning code, shall automatically terminate any authority �ranted herein, and shall be punishable as a misdemeanor. Page 2 of 3 � o� o _,,, , o ��_ , _`,,, � C ITY of ORONO � :��' ti RESOLUTION OF THE CITY COUNCII �t`�kESI3�g'�G NO. � �+ � �� 5. The undersigned Owner has read, understands, and hereby agrees to the terms of this resolution and on behalf of the Owner and the Owner's successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. �. . �4�dopted by the Orono City Council on the 9th day of August, 2010. �t' .�-�`�''`��S'F _ ,!„ �. �^ � . :.r;. ,�,� � . � � ,� i .�� ` .. W/'��'�'-� t, t �-�'l[�iy�✓� �� '^i�' �"v( • _ "' `Lat��-:`:Vee; Ci"ty Clerk J es M. White, Mayor x �� T_ "3�f �� \_ . Da 'd A. N tjes Revocable st • un r A e ent dated June 9, 2006 by: Netjes, Trustee STATE OF MINNESOTA COUNTY OF HENNEPIN aD��--- This instrument was acknowledged before me this o?�day of �ruG-*' , �8�}${�y 1�-��d �• Netjes, Trustee of the David A. Netjes Revocable Trust under Agreement dated June 9, 2006. ,.,.,�:�s;�- ,. �c,�t ��., �'�, �`r�.,h�;;�, BR�BARA C.SILUS �` '`r,��,�<., �'��' NOTARY PUBLIC-MlNNESOTA NOtaly PllbI1C � `'�"�'�'� �A��Commission Expires Jan.31,2013 � iy Page 3 of 3 All that portion of the following described land lying West of a line drawn parallel with and distant 924.88 feet West of the East line of Government Lot 5, Section 35, Township 118, Range 23, measured at right angles thereto; All that part of Government Lots 4 and 5, Section 35, Township 118, Ronge 23, described as commencing at a point on the East line of said Government Lot 5, distant 1705.26 feet South of the Northeast corner thereof; thence West at right angles from said East line 594.88 feet to the point of beginning of the property being described, said point being marked by a judicial landmark; thence continuing West 270.02 feet more of less to a judicial landmark 864.90 feet West of the East line of soid Governmert Lot 5; thence South parallel with said East line 49.54 feet; thence deflecting right 90 degrees a distance of 294.5 feet; thence defiecting lef t 90 degrees a distance of 100.5 feet more or less to the South lir�e of the North 1855.3 feet of said Government Lot 5; thence West along the South line of said North 1855.3 feet to the West line of said Government Lot 5; thence North along said West line 150 feet; thence West to the sf�ore of Long Lake; thence Northerly and Northeasterly along said shore to the West line of �he East 594.88 feet of said Government Lot 5, said line being monumented by the judicial landmark at the point of beginning of the property being described and by a judicial landmark 545. 1 feet North of said point of beginning; thence South along said West line so monumented to the point of beginning. All of the said judicial landrnarks above referred to hoving been placed in Torrens Case No. 8489, Files of Hennepin County District Court, according the United States Government Survey thereof, and situate in Hennepin County, Minnesota. �� .� �� oQ � a CERTIFICATE OF SURVEY FOR V F a DAVID A. NETJE� ;,' � � � � IN GOV'T LOT 5, SECTION 35-118-23 HENNEPIN COUNTY, MINNESOTA �� — -- � ='"%'" � .'= �� ``� -'i�/ '' ,=,)��_--— _--_- __- __ _ ,r%'i4pP� %'%�',"" � �� . _ I I ---- � �J. �Q Qz� � — �c'o . ..,,-------� �m� � r %� O�j� G r � .-� � wQL_ �-' � � O I Q � zcn O.••' w �tn ��O �z � c� oo — o��- �o '- z�ri �. =cn J �� m � Q� o _ �� Q 00 � � v,of- �� f- W �� QQ � ��b� W J �C� � s �ON N — � Q w �'-�� (� v� �'-'-'� w = ^ Z (n W` �U � �� r w �� ZO = � \� � � �- �� W � ~ z � � — d Q z z X � _ -� � � � �Q o� �'•• 5 o N� z z I w U S I Q C.�� O o� � W � � ; w� � w o � � � __ � �w �� :.._....� o� � - J m Z� �� I � r � `� � 4 Tree Replacement Plan Prenared in Connection with Conditional Use Permit—Land Alteration Application �_50 East Lona Lake Road Orono, MN ��391 I. Tree Inventorv: Trees over 6" in diameter that will need to be removed from the subject property based on the proposed grading plan are de��oted with an "X'" on the Survey dated July 22, 2010 prepared by Gronberg & Associates, Inc. IL Tree Replacement Plan: The property owner shall replace all trees with diameters over 6"that are removed from the property to facilitate the proposed gradinb plan and the final grading that occurs on the subject property. Replacement trees will be Sugar Maple, Ironwood, Bur Oak, and/or Northern Red Oak, and all replacement trees shall have a diameter of at least 2". All replacement trees shall be installed after grading has been completed but before the installation of sod over the graded areas. All replacement trees shali be installed within 30 feet of the North facinb bluff located on the subject property. For a period of five years from the date that the replacement tree is installed, the property owner shall be responsible for replacing any tree installed subject to this Tree Replacement Plan that dies as a result of disease, infestation, stonn damage. and/or insufficient moisture. ._. ,._.._.,,-.. j _. _.�._ r_ ��-...._ _-._ . . _-_--_'- • . ;" ,/ / � ' -� __. _. -. -______ -_- �_- _ - -__ _---_ _ . j / �� // . -_"' _ - _------__ _._ __ -__ _ %/ / � � /�� , -_.. � .. ...._ __ -_ _.__�-_______�- � -� � __ /.i / / / i i' _ � -.... .__ _. _._ -_-__-__-____-- � - _�_-_�-_- _�\__-_- - -_ _ ._ _ ___ J/ //�/ // / i '� ... _^ � � � �� / � �__-_ -_ � p�'{�/� ! i � . � i � __ --..�. --.�� -_ - � / �J' _ � � � � i � / � � / ,.� � �_- �-_ -_ _- _ .. _ .__-__---__ _ __- - ..-___ � __ _ / i , __ . � _ -___-- -_.- _----._-.-__ ____ , ' i/j ,�/ �';''/� - _ _ . -- - - _ --_ _ —�MA -- ------------- — - � _ _ __ tv�E - r � � � , �� „ - - , '--/i� � !�-� �/�- - - s78 -- - _ - - _MA�- - MAPL --- -- — - -- -- — ------ -- -- PLE , / / , ; _ — i � � ' - / / � �! / � ---"- ` � �----982 -- ---- --- �� — - � / / � / �---- ---- --- / � j��/ , � , � --978- - - - � �/ ; � ---_- ,q - 17 16„-� SH� i �-- 6/7" �" 14`- S H � . .� �-'�� BAS� -- . ;4S � �� . _ �, ;�� „ G - -- 98 __. �"A �14X16" 14' , ASH 6 PLE1 AS �� P 97 _ _,, ASH ASH--_ �- �' 98 ASH F� � � '-- -�� 3 � _ � w � i , 8 g8 R _' `_ 988.0 � '�OA y 4� —- � 105 __ -�- MA PROPOSE 9S7 5 � � ' SH DRAINTIL �gED � 18X18"v, 9 OVERFLO 7 �NGPFtDEN / -' Q' ASH o � 8 � � TENNIS COURT - - PROPOSED .ge�� _,- — � � � ��' �� 99 ; � �q> _ --- — ' �-' 988.5 � / _ -- _ _ _--�— � ——� 988.0 3E R PIT p -' _- -- ; 107.7 995.0 - 99 ,, _ ___ — ee4— PRoaoseo — - 988.� 9e;s , _ /98C DECK ..,o _ . __ N c � � ea�.o _ pSED RET•wA�� 9eso -. 98s - - - �9 / c�l � 8� 56.0,_ - �,ga z o rw � Y t 7.a �99 . o ROP �_ __ �� 98a_ ___ --� ,��D o _�s �gg� — -- � � 98�5 eW �� \� �� o 0 o O _---— ------ ---. _ "� \ � � / � N - _ � / � � G�� ,� `�s � p 3 � AIC �Q ��_� �� , � � AD`i a � /, NALL � � o? �� 3.7 15 7 = '— �� i.' ;� REMOVED) ,rn ' � ---ggq _. � ' // o � � N ... �J / � Oi O� �, / / / � � 7 _---_'-' \, // / , N --- � � , . � �aPI° �:� — --� �' 7.5 �� ' � ' � �� w � � z � z O � 4.2 WAL RETAINING /� -o°',� o �Q O F= °' � WALL � -� � � � � ~ Q �rHRESHo�D � --� �� 50 FT SETB � � � ELEv=997.94 —6i�NE`�i�� `�`— —— � � o,�' � �� a ALK ;' - - - - - - r� .. N � O � _ �� O � .�� 0 � � � �� a. '�: �� m a� � WALL �__ Rg ,o � `� CV � P � �4, �c I �v �9 ' `f. I i ci � � � p c9 \ �J? N �"� N�p 15`, 5� � � E.9 � �;� N � :ca 00 _g8 -- z �� -� �` �.�y N a � � \ � \ ° � WELL �=_-- -____ �2� � � 04'L�f- `� � �' � � � ry 'I` a �� ,, —I �'°.,��`'°�� ,��_ h � ':_l STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Colulcil on Aubust 9, 2010 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such Administrative Assistant and the Corporate seal of the City this�day of �^ . 2012. � -- �'' Mo ica A Fadness, Admin Assistant ,i �" 1li �- � "v t: '> " .•-sea��,� �; Cit of Orono � � �� !�\�,'� r'- il ��,r ,i��' ,•, �,; � � : n � � . ,:: r:. ' �� :;. �� `'"�� " , ,, - _ r : � y � 'r: f,��tp ,; _�`,� �. ;.f