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HomeMy WebLinkAboutResolution 6633 Doc No T05393885 Certified, filed and/or recorded on Oct 19, 2016 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 92 Pkg ID 1465551M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1389803 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6633 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-966 & 78-967 FILE NO. 16-3826 WHEREAS, Charles Lahr and Theresa Lahr, husband and wife (hereinafter the "Applicants"), are the owners of the property located at 895 Tonkawa Road and legally described as: Lot 2, Block 1, Richie Addition, Hennepin County, Minnesota (hereinafter the "Property'); WHEREAS, on April 6, 2016, the Applicants made an application to the City of Orono for an after -the -fact conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Sections 78-966 and 78-967 to permit the import of approximately 3,000 cubic yards of earth fill material onto the site; and WHEREAS, on May 16, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on May 16, 2016, the Planning Commission recommended approval of the CUP; and WHEREAS, at a meeting held on June 13, 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3826. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1B Zoning District. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 66 3 3 3. The Property contains 2.3 acres in area and has a defined lot width of 197 feet at the OHWL and 191 feet at the 75 -foot setback. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. The Property is currently vacant; the Applicants are constructing a new principal structure on their adjacent property at 975 Tonkawa Road. 6. The Applicants imported approximately 3,000 cubic yards of material to the site to accomplish the proposed grading plan. 7. In considering this application for a CUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances and CUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONDITIONAL USE PERMIT ANALYSIS: The City must find that the proposed use at the proposed location is or will be: 1. Consistent with the community management plan; the intent for the proposed grading is residential in nature, is consistent with the permitted uses for the Property, and is compliant with the zoning code and comprehensive plan. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 3. Adequately served by police, fire, roads, and stormwater management; this statement is true. 4. Provided with an adequate water supply and sewage disposal system; this statement is true. 5. Not expected to generate excessive demand for public services at public cost; this statement is true. 2 �O)%lb�. H CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6633 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; the transfer of the materials from the 875 Tonkawa Road property and re -grading of the Property, once completed, will have no impact on surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood or the lake. 7 Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; the proposed berms resulting from the grading activity will help to prevent runoff from leaving the Property and impacting neighboring properties. The berms created will not be visible from the lake and do not result in a negative impact to neighboring properties or the lake. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; the Applicants are proposing to substantially grade the Property to create three significant berms which provide screening for the Property as well as stormwater management. It is likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and monitored closely by the City's engineer to assure that all existing drainage patterns are maintained and that adjacent properties and the lake are not adversely impacted_ 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; the result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the import of fill materials and grading. However, activity of importing approximately 3,000 cubic yards of fill and active grading of the Property, though substantially completed, can have a temporary adverse impact on neighbors. This is an after -the -fact CUP application.- 90% pplication;90% of the material has already been brought to the Property. Final grading work on the Property as well as the on-going construction of the residence at 875 Tonkawa Road could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; the finished grade will be vegetated and landscaped, it should blend into the Property. The project, once completed, should not result in undesirable views requiring mitigation. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 66 3 3 1. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; See #9 above. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; the Applicants will be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. Tonkawa Road is a Hennepin County roadway. The grading project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The project has been designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The long term effect of the project should result in minimal environmental impacts. The project will be monitored by the City to prevent erosion from the site. 14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; there should be no lighting or glare resulting from the grading project. 15. Not detrimental to the public health, public safety, or general welfare. See #12 above. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-966 and 78-967 to permit the import of approximately 3,000 cubic yards of earth material from the Property, subject to the following conditions: 1. Council approval is based on the survey and grading plan by Gronberg and Associates dated 10/06/15 and revised 02104116, submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A, (hereinafter the "Plans"). Any amendments to the Plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Upon completion of the project an as -built survey shall be submitted reflecting conformance with the approved plan as well as recording the new existing grade CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6633 elevations on the Property. The site will be evaluated from an erosion and sediment control risk perspective prior to release of escrow funds. 3. Existing mature trees beyond the scope of the grading shall be protected from grading and trucking through snow fence or similar. 4. The Applicants shall ensure that the integrity of the bluff and bluff vegetation will be protected for the duration of the project. 5. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a zoning permit for land alteration. The grading must be completed and vegetation established within one year of the date of Council approval, or the CUP will expire on that date (June 13, 2017). 6. 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 shall be punishable as a misdemeanor. 7 The undersigned Applicants have read, understand, and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' 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 13th day of June, 2016. ATTEST: r Tiegs, CitJ Clerk CITY OF ORONO: a -- Aaron Printup, Acting ayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. b Property Owner This instrument was acknowledged before me this day of 2016, by Charles Lahr, husband of Theresa Lahr. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this Theresa Lahr, wife of Charles Lahr. 6 day of , 2016, by Resolution d & 3 3 Exhibit A {E ------------- - s 1 ------- — — — — — — — — — — — — — — — — OL ! ] I / 00'Z NI �SSo9Z N �� so'9 i� 1 f! f l t 1 lk k m Irk t !N � CD .,Ica / ` 4 ca in ` 1 1 i I rA 3 E' w