HomeMy WebLinkAboutResolution 2971 � �. _
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--% A RESOLUTION GRANTING
A VARIANCE TO
MIINICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8 AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE #1616
WHEREAS , Gary D. Mroz and Kenneth R. Hopkins
(hereinafter "the applicants") have an interest in the property
located at 59 Ferndale Green within the City of Orono
(hereinafter "City" ) and legally described as Outlot A, Lots 1
and 2 , Block 1 , Fairway Hills Addition , Hennepin County,
Minnesota (hereinafter "the property") ; and
WHEREAS, the applicants have made application to the
City of Orono to permit the installation of an access drive and
sewer and water lines within a designated wetland where no land
alterations are permited per Section 10.55, Subdivision 8; and
per Section 10.03, Subdivision 19 requests a conditional use
permit for the installation of these improvements that involve
land alterations in excess of 100 cubic yards.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1616
2. The property is located in the RR-1B Sing�e Family Rural
Residential Zoning District requiring 2 acres of dry
continguous lands within each lot.
3 . The property is approximately 6 acres in area.
4. The Orono Planning Commission reviewed this application
on January 22, 1991 and recommended approval of the proposed
variances and conditional use permit, based on the following
findings:
A) There is no other access to the proposed
residential sites except through a land corridor that
is intersected by a designated wetland area.
B) The wetlands is classified as a Type 6/7 wetlands
and contains no standing water.
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\ C) The encroachment is deemed minimal by both the
Minnehaha Creek Watershed District and the Corp of Army
Engineers. The Corp has granted a national permit
because the land alteration will encroach less than
10, 000 s.f. of the wetland. The fill will affect 16$
or 7,900 s.f. of the total wetland area.
D) The alteration of the wetlands will not involve the
construction of ditching, but flowage will be allowed
to fan out over the grass land areas.
E) The applicants have provided a minimal amount of
additional retention area to mitigate the filling of
the wetlands. The City of Orono has not asked for
additional retention area to mitigate the filling for
road construction within the wetlands.
4. The City Counci 1 f inds that the conditions exi sting on
this property 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 demonstrable 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.
5. The City Council finds that granting a conditional use
permit to allow the installation of a driveway 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
wil 1 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.
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CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a variance to Municipal Zoning Code
Sections 10.55, Subdivision 8 to allow filling and grading
activities within a wetlands defined as a Type 6/7 wetlands; and
grants a conditional use permit for filling and grading
activities in excess of 100 cubic yards per Section 10.03,
Subdivision 19. This approval is subject to the following
conditions:
1. Construction of road cannot begin until the Minnehaha
Creek Watershed District has issued a permit and City
Engineer has approved final road construction plans and
sewer and water plans .
2. Sewer and water lines and the shared drive must be all
located within Outlot A and shall be installed with minimal
impact upon the designated wetland.
3. Applicants to provide written statement from Wayzata Fire
Chief confirming road design and layout will meet emergency
access needs.
4. Applicants to maintain erosion control throughout the
entire project until ground cover is restored. Approval is
based on plans by Roger A. Anderson of Roger A. Anderson and
Associates referred to as "Drainage, Driveway and Erosion
Control Plans & Utility Plans" for Fairway Hills Addition
and as approved by the City.
5. Authorities granted by this resolution run with the
property not with the applicants, but are permissive only
and must be exercised by application for a building permit
for the retaining walls within one year of the date of
Council approval , or the special conditions of this
resolution wil 1 expire on that date (June 10, 1992).
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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.
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'''�'`��-' ',�r� � '�'�� RESOWTION OF THE CITY COUNCI�
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�ES���ndersigned applicants h�IO.e read� undera�ood and
�-��y 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 lOth day of
June , 1991 ,
ATT ST:
, /l�`ui`LO�� �
orothy . Hallin, City Clerk Barbara A. Peterson, Mayor
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Proper y Owner
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
� The foregoing instrume t was acknowledged before me on
this /C — day of �� � � 9/ , by Barbara A. Peterson &
Dorot�M. Hallin, Mayor City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed
on behalf of the City.
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Notary Public
� THERE3A L. NAAB
NOTARY PUBUC-MINNESOTA
'� HENNEPIN COUNTY
aly oommtsaion expiras 9-8-92
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�\ �<9 ��.�",_ e� % 2 9 71
`�, kEBH�4/� NO.
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s �C�i� day of -J(.✓� , 19 9 �
before me a -tary Public within and for said co ty, personally
appeared P_ E?`�� � �i��'t � �� � � �
known to me �o be the person(s� described in and who execute t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and d.
�y " THERESA L NAAB C��
`,�r� NOTAHY PUBLIC- MINNESOTA ` �
HENNEPIN COUNTY
1,ty comm�sa�on e�irw s$-s2 Notary Public
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) ss.
COUNTY OF HENNEPIN )
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On this ��� day of \l�_��-� , 199�
before me a Notary ublic within and for said county, persona y
appeared ,�-a,Y ^�Z �'� � '�
known to me to e 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
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�f'l�-(-E'-��- i ��--� �
Notary Public '
?HERE3A L. tdAAB
,s� Npr��pY pUgL1p•MINNESOTA
' �� �HEN�Bepw�r�i��
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