HomeMy WebLinkAboutResolution 3192 r .'�'�� .�T
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� �'�' RESOLUTION OF THE CITY COUNCIL
��kESH�4� - NO. 3192
A R$SOLDTION GRANTING �
A CONDITIONAL IISE PERMIT
PER MIINICIPAL ZONING CODI3
SECTION 10.03, SIIBDIVISIONS 19 � 20
FILE #1766
WHERLAS, Howard F. Eisinger (hereinafter "the
applicant") is the owner of the property located at 3245 Wayzata
Boulevard within the City of Orono (hereinafter "City" ) and
legally described as follows:
PID: 32-118-23 14 0002
Section 32, Township 118, Range 23, commencing at a point in
the East line of Government Lot 1 distance 393.24 feet South
along said line from the South line of State Highway No. 12
. thence at right angles West from said East line 418 feet
thence at right angles North 393.02 feet to South line of
highway thence West along said highway line to West line of
said Lot 1 thence South along said West line to Northerly
line of Great Northern Railroad right-of-way thence
Southeasterly along said right-of-way line to East line of
Lot 1 thence North to beginning (hereinafter "property") ;
and
WHEREAS, the applicant has applied to the City of Orono
for a conditional use permit to permit the filling of 20,000
cubic yards of clean fill to be placed over a former dump site of
approximately 12 acres per Municipal Zoning Code Section 10.03,
Subdivisions 19 and 20. A1 1 filling activities shall take place
35' from the adjacent wetlands at the 972 e levation.
NOW, THEREFORE, BE IT RESOLV$D by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1766.
2. The property is located in the RR-1B Single Family
Rural Residential Zoning District.
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3. On June 8, 1987, the Orono Council approved Application ,
#1103 granting a permit to the applicant to allow the
filling of 100,000 cubic yards of clean fill per the
conditions set forth in Resolution #2197. The �
applicant never received fil 1 under this conditional
� use permit.
4. On April 13 , 1992 , the Orono Council approved
Application #1722 granting a permit to allow the
filling of 10,000 cubic yards of clean fi11 per the
same conditions repeated in Resolution #3108. The
10,000 cubic yards of fill have been received by
applicant. �
5. On October 19, 1992, the Orono Planning Commission
• reviewed the application and recommended unanimous
approval of the application as amended based on the
following findings:
A. The current proposal wil 1 have no negative impact
on the surrounding wetlands or intersecting
drainageway.
B. 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. During the review of the two earlier conditional
use permits, 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 fil 1 over the area presents a very slight
� risk of embankment failure. "
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E. The current application (#1766) shall involve �the
filling of an additional 20,000 cubic yards of
clean fill.
6. The City Council finds that granting a conditional use
permit to allow the filling of 20,000 cubic yards of
clean fill as approved by the City Engineer, will not
be be detrimenta 1 to the hea lth, saf ety or genera 1
welfare of the public, would not adversely affect
light, air nor pose a fire hazard or other danger to
neighboring properties, nor W�ii its use depreciate
surrounding property values and that the proposed level
of use of the property W�ii be in keeping with the
intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
• 7. The City Council has considered this application as
amended including the findings and recommendations of
the Planning Commission, reports by staff and comments
of the applicant and the affect of the proposed use on
the health, safety, and welfare of the community.
CONCLIISIONS, ORDffit 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 and 20 to permit the
placing of 20,000 cubic yards of fill as approved by the City
Engineer, subject to the following conditions:
l. The applicant or applicant's agent must adhere to the
following guidelines at the time of filling:
A. Side slopes 5:1 ratio;
B. 1� slope to be maintained within inner fill area;
C. Silt fence to continue to be maintained 30-35'
from wetland at 972 elevation - no land
alterations allowed within 26' of wetland.
. 2. Provide an updated Developer' s Agreement .and
appropriate security to ensure final grading and
seeding if fill project is not completed.
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3. Fill shall not exceed allowed amount of 20,000 cubic
yards. Per City Engineer's report of October 14, 1992,
fill area edges along the marsh and adjacent upland
area should be dressed up, finish grading (5:1 ratio)
and seeded by November 15th. Additional fill material
should be placed in the center of the fill area to
allow re-vegetation of the edge. Mn/DOT mixture number
700 seed shall be used for seeding disturbed areas.
4. The applicant shall be responsible for advising the
City of the schedule of hauling activities so that -
staff can arrange for the necessary inspections. Prior
to hauling any fill to the site, the applicant must �
arrange for a pre-construction meeting with the Orono
staff to review all final submittals and tentative
• hauling schedule. The City wiii 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.
5. 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.
6. Any future �requests for filling on the applicant's
property sha11 be evaluated by both applicant' s
consultants and Orono staff and consultants. The City
Engineer cautions that the area may not accommodate
much more fill before it begins to stand out from the
existing topography. �
7. The applicant shal 1 cease all hauling to the site upon
evidence of shearing and/or other signs of instability
created by f i 11 ing over the f ormer dump s ite.
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.
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8. Applicant is responsible for updating 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.
before the Orono staff can issue a land alteration
permit.
9. Authorities grante.d by this resolution run with the
property not with the owner, but are permissive only.
This land alteration permit shall be valid for a two
year period (October 26, 1994).
10. 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.
� 11. The undersigned owner 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 Counci 1 on this 26th day of
Octo er, 1992.
AT E T: '
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othy . llin, City Clerk Barbara A. Peterson, Mayor
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roperty Owner s
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 26th day of October, 1992 by Barbara A. Peterson & Dorothy
M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
Y,- _ ,.;:-,.°
. ��M• JAMIE L.BOSMA
:�%•" `` '. NOTARYPUBLIC-MINNESOTA _ c�
• • HENNEPIN COUNTY �/Y�C�I/)
.
`• . MyCortim.Expi►es1219�91 No ary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
• On this �(n�" day of (� G� b�P� , 199 � ,
before me a Notary Public within and for said county, personal ly
appeared �c3 • Ctr� C. /��`s�nq 2✓', Ma�'/`� eo(
known to me o be the person(s) escribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEE ���� � � /���
NOTARY PUBLIC - MINNESOTA V
HENNEPIN COUNTY
My commisslon expires&12-98 NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � 7`� day of QC����" , 199 2 ,
before me a N tar Public within and for said County, personal ly
appeared �� �. �i s�t-� � a�/'���-
known to me to be the person d scribed in and w o executed t�
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEE ' v��
� NOTARY PUBLIC - MINNESOTA NOTAR PUBLIC
, HENNEPIN COUNTY
My commission expires 8-12-96 Page 6 Of 6