HomeMy WebLinkAboutResolution 3108 � . . . . . . .
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��� �G'�'� RESOWTION OF THE CITY COUNCIL
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A RESOLIITION GRANTING
A CONDTIONAL IISE PERMIT
PER MIINICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISIONS 19 � 20
FILE #1722 �
WHEREAS, Howard F. Eisinger (hereinafter "the applicant") is
the owner of property at 3245 Wayzata Boulevard within the City of
Orono (hereinafter "City") and legally described as follows:
PID: 32-118-23 14 0002
Section 32, Township 118, Range 23, commencing at a point in the
East line of Government Lot 1 distance 393.24 feet South along
said line from the South line of State Highway No. 12 thence at
right angles West from said East line 418 feet thence at right
angles North 393.02 feet to South line of highway thence West
along said highway line to West line of said Lot 1 thence South
• along said West line to Northerly line of Great Northern Railroad
right-of-way thence Southeasterly along said right-of-way line to
East line of Lot 1 thence North to beginning (hereinafter
"property" ) ; and
WHEREAS, the applicant has applied to the City of Orono for
a conditional use permit to permit the filling of 10,000 cubic yards
of clean fill over a former dump site of approximately 12 acres per
Municipal Zoning Code Section 10.03, Subdivisions 19 and 20. All
fil ling activities shall take place 35' from the adjacent wetlands at
the 972 elevation.
NOW, THEREFOR$, B$ IT RESOI.VED by the City Counci 1 of Orono,
Minnesota: �
FINDINGS
l. This application was reviewed as Zoning File #1722.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. On June 8 , 1987, the Orono Gouncil approved application
#1103 granting a permit to the applicant to allow the
filling of 100, 000 cubic yards of clean fill per the
conditions set forth in Resolution #2197.
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4. On October 24, 1988, the Orono Council approved application
#1310, a renewal conditional use permit that would allow
filling based on conditions set forth in Resolution #2526. �
5. On March 16, 1992, the Orono Planning Commission reviewed
the application as amended and recommended unanimous
approval of the application based on the following findings:
A) The current proposal will have no negative impact on
the surrounding wetlands or intersecting drainageway.
B) The adjacent property owners have been advised of the
applicant's proposal and none have voiced objection or
submitted written opposition to the City.
• C) The application as modified by the Planning Commission
will not be detrimental to the public health, safety or
welfare or materially injurious to properties or
improvements in the vacinity.
D) During the review of the two earlier conditional use
permits, Braun Engineering, in a letter dated May 28,
1987, has opined as follows regarding the placement of
approximately 100,000 cubic yards of fill over a former
dump site.
"...it is our opinion that the addition of 5' of
fill over the area presents a very slight risk of
embankment failure. "
E) The current application ( #1722 ) shall involve the
filling of 10, 000 cubic yards of clean fill.
6. The City Council finds that granting a conditional use
permit to allow the filling of 10,000 cubic yards of clean
fill as approved by the City Engineer, 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
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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. �
7. The City Council has considered this renewal application as
amended including the findings and recommendations of the
Planning Commission, reports by staff and comments of the
applicant and the effect of the proposed use on the health,
safety and welfare of the community.
CONCLDSIONS, 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, Subdivisions 19 & 20 to permit the placing of
• 10,000 cubic yards of fill as approved by the City Engineer, subject
to the following conditions:
1. Prior the hauling of fill to the site, the applicant or
applicant's agent must submit a filling and grading plan for
the City Engineer's review. Such plan shall adhere to the
following guidlines:
A) Side slopes 5:1 ratio;
B) 1$ slope to be maintained within inner fill area;
C) Silt fence installed 30-35 ' from wetland at 972
. elevation - no land alterations allowed within 26' of
wetland;
2. Executed developer's agreement and appropriate security to
ensure final grading and seeding if fill project is not
completed.
3. Fill shall not exeed allowed amount of 10,000 cubic yards.
Side slopes to be graded and seeded periodically during the
course of the project. The Orono staff is to advise
applicant or applicant' s agent when seeding is to be
conducted.
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4. The applicant shall be responsible for advising the City of
the schedule of hauling activities so that staff can arrange
for the necessary inspections. Prior to hauling any fill to �
the site, the applicant must arrange for a pre-construction
meeting with the Orono staff to review all final submittals
and tentative hauling schedule. The City will ask that a
representative of its Police Department be present at the
pre-construction meeting to advise of any special
traffic/safety concerns during the hauling process.
5. Hauling activities shall not be conducted during the
following time periods:
6:30 a.m. to 8: 30 a.m.
4: 00 p.m. to 6: 00 p.m.
• 6. The applicant shall cease all hauling to the site upon
evidence of shearing and/or other signs of instability
created by filling over the former dump site. Applicant
shal 1 not proceed with hauling until the City Engineer has
had adequate time to review the evidence and submit a
written report to the Council for their review and action.
If Council determines that it is in the public interest to
cease all hauling to the site, this conditional use , permit
shall be terminated immediately and the applicant shall
complete the final grading and seeding of the entire
disturbed area.
7. Applicant is responsible for up-dating all previous permits
issued by the Department of Natural Resources, Minnesota
Pollution Control Agency, Hennepin County Department of
Environment and Engineering, and M.C.W.D. before the Orono
staff can issue a land alteration permit.
8. Authorities granted by this resolution run with the property
not with the owner, but are permissive only and the filling
of the site must commence within one year of the date of
Council's approval (April 13, 1993 ). The land alteration
permit shall be valid for a two year period. The land
alteration permit shall be written to specify the specific
time restrictions on this permit.
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9. 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.
10. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of
himse lf, 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 Council on this 13th day of April ,
1992.
ATT T:
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� �-- --�'�--� ,
o thy M. allin, City Clerk Barbara A. Peterson, Mayor
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P operty Owner s )
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
13th day of April, 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.
�A. HASEANIN �.�1�'��J( �. �►��C��t21�L��
HE�NNEPIN��Cp��� Notary Public .
MY COMMLS310N EXPIRE9 62�98
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��� �G'�'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) , -
On thi s
�,3 �— day o f r� , 19 9 �
before me a Notary Public within and or said cou�.ty, personal ly
appeared �}-DuJQ�� F �%S�'n e� �l"`'.'eG�
known to me to be the person(s) sc ibed in and who executed t e
f oregoing instrument, and acknowledged that he (they) executed
the same as his their fre� act and deed.
LINDA S. VEE � • /
',,fi, NOTARY PUBUC - MINNESOTA - v� � n ,
�'° w HENNEPIN COUNTY ��i
� �` �ty �ommissien expires 8-12-98
Nota y Publi c
STATE OF biINNESOTA .)
)ss.
• COUNTY OF HENNEPIN ) .
On thi s /�]�h day of P`i� � 19 g 2'
bef ore me a Notary Public within and f� said county, personalTy
appeared # � � � �
known to me to be the perso (s) described in and who eYecuted the
foregoing instrument, and acknowiedged that he (they) executed
the same as his (their) free act and deed. . �
(,l ��!���rr���J
CAROLE A.H�� Notar Publzc
ear�nr aua�.a-���� y �
f HENNEPIN COl1NT`l
�AY CAMidISSICN EXPIR[3 a23-�
P.age 6 of 6
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