HomeMy WebLinkAboutResolution 3071 4i‘ N.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
kESH04 '/ NO. 3071
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8, AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE #1704
WHEREAS , C . Arnold Carlson and Darlow Madge
(hereinafter "the applicants" ) are the owners of the properties
located at 855 amd 875 Forest Arms Lane within the City of Orono
(hereinafter "City") and legally described as follows:
Lots 5 and 6 , Block 2, Forest Arms, Hennepin County,
Minnesota (hereinafter "the property") ; and
WHEREAS, the applicants have made application to the
City of Orono seeking approval of a conditional use permit per
Section 10.03, Subdivision 19 for land alterations in excess of
100 cubic yards located within a 20' drainage easement and a
variance per Section 10.55, Subdivision 8 as these improvements
involve land alterations within the lakeshore protected area
where no such improvements are allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1704.
2 . The property is located in the LR-1B Lakeshore
Residential Zoning District.
3 . The Orono Planning Commission reviewed this application
on January 21, 1992 and recommended approval of the
proposed land alteration granting a conditional use
permit and variance as noted above, based on the
following findings:
A. There were no improvements nor plans to alter the
drainage channel at the time the drainage easement
was created with the approval of the Forest Arms
plat in 1970 .
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CITY of ORONO
't4 , � �/ RESOLUTION OF THE CITY COUNCIL
ESHOg' // NO. 3071
B. The current drainageway cannot handle large
rainfalls causing flooding in the lakeshore yards.
C. The drainage ditch bank as it exists today
sustains serious erosion.
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 land alterations within a public
drainageway and the lakeshore protected area 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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a variance to Municipal Zoning Code
Section 10.55, Subdivision 8, and grants a conditional use permit
per Section 10.03, Subdivision 19, to permit the alteration of a
public drainageway, subject to the following conditions:
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r . CITY of ORONO
6s7 RESOLUTION OF THE CITY COUNCIL
NkESHOg ' NO. 3071
1. Applicants shall obtain a permit from the Minnehaha
Creek Watershed District before the City can issue a
grading permit for the proposed land alteration.
2 . The City Engineer, Glenn Cook, in his report dated
January 14 , 1992 asks for the following additions or
amendments to the proposed plan:
A. Narrow drainageway shall be constructed with Class
2 riprap (MnDot 3601) and filter fabric.
B. Work shall be completed in accordance with MnDot's
specification 2511.
C. Riprap shall not be grouted because of potential
for movement and increase in hardcover within the
lakeshore protected area.
D. Silt fence will be required between the lakeshore
and construction area until vegetation is
reestablished.
3 . Written confirmation from appropriate utility
company/agent approving the proposed land alteration.
4. 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 grading
permit within one year of the date of Council approval,
or the special conditions of this resolution will
expire on that date (February 10, 1993).
5. 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.
6 . The undersigned applicants have read, understand and
hereby 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.
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r , CITY of ORONO
�) ` , 0�� RESOLUTION OF THE CITY COUNCIL
\NikES HOg'7/ NO. 3071
Adopted by the Orono City Council on this 10th day of
February, 1992.
ATTDLT:
L / h , i. / / ' : ' • / 0
•o- thy M Cllin, City Clerk Barbara A. Peterson, Mayor
1
//1 A4,41(6‘1/ C- Vi,.,µ
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Property
Owner(s) /
/
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 10th day of February, 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.
0(2./Z/A-4../ (i.",..41/4c..."-ti->-?,e...... _../
Notary Public
;.A.A., CAROLE A. NAUEMAN
NOTARY PUBLIC-MNINESOTA
k ;'i HENNEPIN COUNTY
MY COMMISSION EXPIRES 62198
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
r
\NIICEggo, ' NO. 3071
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this /6 4i1-- day of te,b , 199 ,V
bef ore me a Notary Public within ani for s d county, personally
appeared bcir- /DGv 77 Madge , marri•e
known to me to be the person(�.�) described 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
',PSI; HENNEPIN COUNTY
1 U
1- My commission expires 8-12-96 Not ry Public
) ss.
COUNTY OF HENNEPIN )
On this fU � day of rie ,b/"c c r , 199 V—
before me a Notary Public within and for sa// county, personally
appeared C /4-r no /d �Gr/5��� ,� e rr,_ °l
known to me to be the person(s) described 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 Nota Public
NOTAI" PUBLIC - MINNESOTA Y
:.1; HEI NEPIN COUNTY
s5 I My commission expires 8-12-96
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1 Ar, ,, �, I CITY of ORONO
' ,„'v. G.7 / RESOLUTION OF THE CITY COUNCIL
ICES110, NO. 3071
(114 % , 0 (? ri, ,_._
Property Owner(s)
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
OnL
**1 -+�l day of re i rt-> o r , 19 9 :)---
before me a Notary Public within and for said county, personally
appeared L' h a r J e e n A , L2 a r/5 o o rn a r r, c( known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
e 'g LINDA S. VEE
�
t;• NOTARY PUBLIC - MINNESOTA /
µr HENNEPIN COUNTY p9 /d/
_o: My commission expires &12-96 ?2t i' v �' J
NOT R PUBLIC
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of , 199 ,
before me a Notary Public within and for said County, personal Ty
appeared known to me to be
the person( s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
NOTARY PUBLIC
Page 6 of 6
RESOLUTION #3071
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County , Minnesota , do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on February 10 , 19 92 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
11th , day of February , 1992
or thy M. lin , City Clerk ^�
(SEAL)
CITY OF ORONO
LAND USE FILING INFORMATION
Prepared By: Carol Hastings, Secretary
to Nancy E. Husnik, Legal Assistant
Popham, Haik, Schnobrich & Kaufman, Ltd.
May 12, 1992
The following is a recap of the resolutions submitted to this office
which have been filed with the Hennepin County Recorder ' s Office. The
resolutions are enclosed.
RESOLUTION APPLICANT'S DATE DOCUMENT
NUMBER NAME FILED NUMBER
3006 (encl . ) Judd, Thomas A. 04-29-92 5905857(A)
3026 (encl. ) Craiabank Associates 04-29-92 5905858 (A)
3072 (encl . ) Dayton, Judson M. 04-29-92 5905849 (A)
3086 (encl. ) Gibbs , Edwin & Tracee 04-29-92 5905854 (A)
3088 (encl. ) MacMillan, Whitney & Betty 04-29-92 5905856 (A)
3089 (encl . ) City of Orono 04-29-92 5905855 (A)
3095 (encl . ) Fansler, David 04-29-92 5905848(A)
3096 (encl . ) Brantinaham, Henry 04-29-92 5905850(A)
3108 (encl. ) Eisinger, Howard F. 04-29-92 5905853 (A) ,
The following enclosed resolutions were submitted to us for filing with
Hennepin County. These are for torrens property and are not accepted for
filing:
Resolution No. 3053 - Michael Renard
Resolution No. 3065 - Christopher J. Smith
Resolution No. 3071 - C. Arnold Carlson and Darlow Madge
Resolution No. 3106 - Lawrence W. & Arliss A. Gadbaw
35NEH