HomeMy WebLinkAboutResolution 3089040�0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3089
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8 AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTIONS 10.03 SUBDIVISION 19
FILE #1715
WHEREAS, the City of Orono has an interest in the property
located at 2700 Town Hall Road within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 1, Block 1, City of Orono Addition, Hennepin
County, Minnesota
(hereinafter "the property") ; and
WHEREAS, the applicant has made application for a
• conditional use permit and variance to permit the installation of
three ponds within a Type 2 wetland involving land alterations in
excess of 100 cubic yards where no such land alterations are
permitted.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1715.
2. The property is located in the RR -1B Rural Residential
Zoning District.
3. The property is approximately 14 acres in area.
4. The Orono Planning Commission reviewed this application on
February 18, 1992, and recommended approval of the proposed
variance that would allow alterations within a Type 2,
designated wetland per Zoning Code Section 10.55, Subdvision
8 and per Section 10.03, Subdivision 19 recommended approval
of the conditional use permit that would allow the
installation of 3 detention ponds based on the following
findings:
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3089
a) Proposed land alteration of the Type 2 wetlands or
"fresh meadow" will restore higher quality Type 2
wetlands similar to the original wetland that existed
forty to eighty years ago.
b) The proposed land alteration will provide more
efficient treatment of run-off before it leaves the
future City facility site.
c) The proposal that involves three shallow detention
areas as opposed to one large detention area will allow
for ease of maintenance of the treatment facility or
baffle weir that eventually controls the run-off as it
leaves the site.
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 installation of three shallow detention
ponds within the Type 2 designated wetlands 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.
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T . .• M
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3089
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance and conditional use permit to allow
the installation of three detention ponds on the City facility site
located at 2700 Town Hall Road subject to the following conditions:
• 1992.
ATTEQ
1. Installation of detention ponds cannot commence until the
Minnehaha Creek Watershed District has issued a permit.
2. Erosion control shall remain intact on the site until all
disturbed lands are restored with appropriate ground cover.
3. The undersigned have read, understood and hereby agree to
the terms of this resolution and on behalf of the City, its
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 9th day of March,
M. allin, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Barbara A. Peterson, Mayor
The foregoing instrument was acknowledged before me on this
9th 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. VEE
0:1ARY PUBLIC - MINNESOTA
HENNEPIN COUNTY '
commission expires 8-12-88 Notary Public
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