HomeMy WebLinkAboutResolution 3137 # �i „ �
� O� '
v
� O • O
b - C ITY of ORONO
� �
��L �G'�'F RESOLUTION OF THE CITY COUNCIL
�kESHOg' Np, 313 7
A RBSOLUTION GRANTING
A CONDITIONAL IISE PSRMIT
PER IriIINICIPAL ZONING COD$
S$CTION 10.03, SIIBDIVISION 19
FILS #1739
WH$R$AS, Albin J. Nelson, (hereinafter "the applicant")
is .the owner of the property located at 500 Oxford Road within
the City of Orono (hereinafter "City") and legally described as
Lot 7, Block l, Stielows Addition, Hennepin County, Minnesota
(hereinafter "property"); and
WHER$AS, the applicant has applied to the City of Orono
for a conditional use permit to permit the fil ling of over 100
cubic yards at 2.5 to 1 slopes to the west side of an existing
pool that involves the removal of tiered retaining walls and the
installation of 50 lineal feet of a 4' high retaining wall along
• the base of the fill area.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1739.
2. The property is located in the LR-lA Lakeshore Single
Family Residential Zoning District requiring 2 acres
in area. The property consists of 2+ acres.
3. �On June 15 , 1992, the Orono Planning Commission
reviewed the application as proposed and recommended
approval based on the following findings:
a. The existing tiered retention wall is in a serious
state of disrepair and endangers existing
improvements located in the adjacent higher
elevations.
b. The proposed land alterations are located in the
central portion of the property and will have no
impact on adjacent residences.
• Page 1 of 4
` �.
�•
'O� t
� �
• O . O '
b. - C ITY of ORONO .
. � � ;
��� �G'�' RESOLUTION OF THE CITY COUNCIL ;
�kESH�4 NO. 313 7 �
c. Proposed improvements will have no negative impact
on the historic drainage patterns of the
neighborhood.
. 4. The City Council finds that granting a conditional use
�ermit to allow the proposed land alteration and
, � installation of a 4' high retain�.ng wall will not be 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 its use 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.
� 5. 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.
CONCLIISIONS, ORDER AND CONDITIONS
. Based upon one or more of the above findings, the Orono
' City Council hereby grants a conditional use permit per Municipal
� Zoning Code Section 10.03 , Subdivision 19 to permit land
' alteration improvements as shown on topographic detail by Mark S.
Gronberg of Coffin and Gronberg, Inc. dated May 19, 1992, subject
to the following conditions:
1. The timbers from the retaining walls to be removed
� shall be disposed at an approved disposal site.
2. Final elevations at 2.5 to 1 slopes must be restored
' with groundcover of a type of vegetation that will not
require regular maintenance.
` 3. Granular material and drain tile to be installed behind
, 3-4' retention wall at base of fill site to minimize
� hydrostatic pressure at the base of the wall.
�
; • 4 . Slopes shall be graded to allow a small drainage swale
� running along the top of the wall. Such swale would
' divert surface runoff to the sides and minimize amounts
;� of runoff f lowing over wall.
• Page 2 of 4
'� .. � i
� �
���� �
� o o �
b. CITY of ORONO
� � :
��� �G~'� RESOLUTION OF THE CITY COUNCIL �.
�kES�I04 Np, 313 7 .
5. Type of material to be used in the construction of
retention wall must be approved by the City Engineer. �
6 . Authorities granted by this resolution run with the
property not with the applicant, but are permissive � '
only and must be exercised by application for a land .
alteration permit within one year of the date of �
Council approval or the authority granted in this
� resolution will expire on that date (July 13, 1993).
7. 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 sha 11 be
punishable as a misdemeanor.
8. The undersigned applicant has read, understood and
• hereby agrees to the terms of this resolution and on
behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in
the chain of title of the property.
Adopted by the Orono City Counci 1 on this 13th day of
Ju , 1992.
AT'i� ST:
— / , ! � -
Dorothy . al in, City Clerk Barbara A. Peter on, Mayor
Albin J. Ne son
Property Ow er(s ) �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
, this 13th day of July, 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.
•
C/�ROLE A.HASEMAN •
"H��� Nota Public
- ti+r cowwasa�ocaiaFS sss9e
Page 3 of 4
e, r t ; �
��'� ..
� O�
. O . O
b. - CITY of ORONO
� �
ti
��� �G'�' RESOLUTION OF THE CITY COUNCIL
�kESH.�4 Np, 313 7
STATE OF MINNESOTA ) �
� ) ss.
COUNTY OF HENNEPIN )
On this ��� day of ��(Qu 5� , 199 2-
before me a Notary Public within and or said county, personally
appeared ,,���j;vi �� /U�-�soh � m�rr'�'e�
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.
�a LINDA S. VEB � /���
NOTARY PUBUC- MINNESOTA (/
HENNEPIN COUNTY
ney commisslon expire�e-126d N T Y PUBLIC
•
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /�� day of l�'LcS� , 199� before me
a Notary Public within and for s d County, personal ly appeared
5'u s a� fC N? lS o�-� /1�J a/'�',' e�
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.
. ,� ` l/-��—
' LINDA S. VEB NOT Y PUBLIC
NOTARY PUBL}C- MINNESOTA
HENNEPIN COUNTY
- My cammissbn expires&12�60
�
- Page 4 of 4
•