HomeMy WebLinkAboutResolution 3097. �P' ..
O O
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO, 3097
A RESOLUTION GRANTING
A VARIANCE TO
SECTION 10.55, SUBDIVISION 8 AND
A CONDITIONAL USE PERMIT PER
SECTIONS 10.03 SUBDIVISION 19
FILE #1720
WHEREAS, the City of Orono has an interest in the public
road known as Fox Street;
WHEREAS, per Section 10.03, Subdivision 19 and Section
10.55, Subdivision 8, the City has made application for a conditional
use permit and variance to allow the filling of wetlands adjacent to
1,000 lineal feet of Fox Street resulting in 700 cubic yards of fill
material to be placed within a designated wetland where no such
filling activities are allowed.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1720.
2. The property is located in the RR -1B Zoning District
adjacent to a designated wetland of the City of Orono and
protected wetland of the Department of Natural Resources.
3. The Orono Planning Commission reviewed this application on
March 16, 1992 and recommended approval of the proposed
variance and conditional use permit, based on the following
findings:
a) The proposed fill area will protect the in place public
road.
b) A wider shoulder area will protect the motoring traffic
by increasing the reaction zone and keeping cars away
from the edge of the wetland.
c) The water level near the edge of the roadway has and
will continue to cause damage to the subgrade and
• bituminous surfacing if the expansion of the shoulder
area is not permitted.
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O�T
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b CITY of ORONO
�&l �G~F RESOLUTION OF THE CITY COUNCIL
9kES80 NO. 3097
4. The City Council finds that the conditions existing 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 applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant; 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 filling of the adjacent wetlands to
allow the expansion of the shoulder area of Fox Street 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 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.
6. The City Council has considered this application including
the findings and recommendation of the Planning Commission
and reports by City staff, and the effect of the proposed
improvement on the health, safety and welfare of the
community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance per Municipal Zoning Code Section
10.55, Subdivision 8 and a conditional use permit per Section 10.03,
Subdivision 19 to allow the filling of approximately 700 cubic yards
of fill within an adjacent wetland of Fox Street for a distance of
1,000 lineal feet. This approval is subject to the following
conditions:
1. The City cannot commence the road improvement until the
required permit approval is received from both the
Department of Natural Resources and the Minnehaha Creek
• Watershed District.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3097
2. Erosion control shall be maintained throughout the entire
project until all disturbed areas are restored to natural or
original state. .
3. 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.
4. The Mayor or authorized agent of the City, has read,
understood and hereby agrees to the terms of this resolution
on behalf of the City, its successors and assigns.
Adopted by the Orono City Council on this 23rd day of March,
1992.
ATAST :
D �•
orothy . Hallin,
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ty Clerk Barbara A. Peterson, Mayor
ss.
The foregoing instrument was acknowledged before me on this
23rd day of March, 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.
LINDA S. Vfifi N • l/ JQ�
NOTARY PUBLIC - MINNESOTA Not ry Public
HENNEPIN COUNTY
My commission expires 8-12-98
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