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Home My WebLink About#5118-variances-2004 . � .�, o �,. . o , o '��,-, C ITY of ORONO � � � .n �::. � v' �" '`'' RESOLUTION OF THE CITY COUNCIL ��L � �G -, , � �kESI3�4 NO. � l� f a: A RESOLUTION GRANTING VARIANCES TO MLTNICIPAL ZONING CODE SECTION 78-1112, AND A CONDITIONAL USE PERMIT PER SECTIONS 78-1113/14(2b) FILE NO. 04-2985 WHEREAS, Michelle A. Cullum and Thomas C. Cullum, Jr., husband and wife (hereinafter"the applicants")are owners of the property located at 785 Ferndale Road North within the City of Orono (hereinafter "the City") and legally described as follows: Tract B, Registered Land Survey No. 1031, Hennepin County, Minnesota, according to the files of the Registrar of Titles. (hereinafter "the property"); and WHEREAS, the applicants have submitted an application requesting a variance to Municipal Zoning Code Section 78-1112 and a conditional use permit per Sections 78-1113/14(2b)to permit filling and grading within and within 26'of a City-protected wetland where no such activity i s normally allowed; and WHEREAS,after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes,the Orono Planning Commission held a public hearing on February 17,2004,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW,THEREFORE,BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2985. 2. The property is located in the RR-1B Rural Residential Zoning District. Page 1 of 7 : � O� . O , � �'�� - , C ITY of ORONO � , � � :�� RESOLUTION OF THE CITY COUNCIL �L`�kESI'i0g'�G NO. � . 3. The Plannin�Commission reviewed the application for a variance and a conditional use pernut at a public hearin�held on February 17,20Q4 and recommended approval by a vote of 5-0 based on the following findings and hardships: A) Applicant requests variance approval forfilling of a small portion of a City-protected wetland located mostly within applicant's property but partially within the neighboring property.The fill is intended to allow for the establishment of woody vegetation along the westem property boundaty.The 2,135 s.f.fill area will convert approximately 10%of the existing wetland from a shallow open water wetland to a wetland with saturated soils.The project also involves excavation of adjacent upland to create new wetland,requiring a conditional use peimit. B) The property contains a small wetland which was modified in the 1950's (based on aiiphoto evidence) by dredging to make it deeper. The wetland since that time has generally had the characteristics of an open water pond. C) As a result of legal vegetation removals by the neighboring property owner to the west,the applicant's view over the pond area has changed,and now he views the neighboring residence rather than a wooded area. Because the far shore of the pond is on the neighboring property,applicant is proposing fill in a portion of the pond just inside his property boundary to create a"bei-m", which will allow the establishment of wooded vegetation to regain some of the wooded character of the lot and provide a buffer to the neighboring property. D) The applicant has engaged a variety of professionals to design a project that would meet the Wetland Conservation Act(WCA) guidelines for a wetland restoration,No-Loss status. The Minnehaha Creek WatershedDistrict as the designated LGU for Orono has approved the fill and excavation project as a `No-Loss' wetland restoration based on reducing the impacts of wetlandexcavation thatoccurred in the 1950's,subject to certain conditions including submittal of a declaration for preservation of the wetland buffer which must be executed and recorded,and subject to ongoing monitoring and reporting of the - wetland mitigation project for a five-year period, E) John Smyth, Water Resource Specialist with Bonestroo & Associates, the City's engineering and environmental consultants,has recommended approval of the project, noting that the project will result in an overall improvement to the wetland. Smyth noted Page 2 of 7 � o� � � o 0 ' ��..- ; CITY of ORONO a ��' � 1, ,. �.� ` ,��" �,'�' RESOLUTION OF THE CITY COUNCIL L�q �``" � 1j �, kESH�4 NO. � � �I � that the additional wetland to be created will meet the WCA replacement guidelines,and that this project can be considered as a restoration. Smyth recornmended approval conditioned on I) that the City receive a copy of the executed buffer preservation declaration required by the MCWD,and 2) that the City be provided with the required ongoing monitorin� reports. F) The project has been highly refined to meet the WCA guidelines,and has been the subject of much scivtiny by the MCWD staff and consultants as well as a Technical Evaluation Panel(TEP)consisting of representatives from the MCWD,the B oard of Soil and W ater Resources (BWSR), and Hennepin County Environmental Services. G) The hudship supporting the vai-iance is that this wetland was altered in the past, and the the project will restore it to a condition more closely resembling its natural state, 4. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City staff,comments by the applicants and the public, and the effect of the proposed variance and conditional use permit on the health,safety and welfare of the community. 5. 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 a anting the va�iance and conditional use permit would not adversely affect traffic conditions,light,air nor pose a fire hazard or other danger to neighboring property;would not merely serve as a convenience to the applic ants,but is necessaty to a]leviate a demonstrable hardship or difficulty;is necessary to preserve a substantial property right of the applicants;and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITTONS Based upon one ormore of the above findings,the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 78-1112 and a conditional use permit per Sections 78-1113/14(2b)to permit filling and grading within and within 26'of a City-protected wetland where no such activity is normally allowed, subject to the following conditions: Page 3 of 7 : � o� - o , _ o ��: CITY of OIZO�TO � � , � � , ::��; � RESOLUTION OF THE CITY COUNCIL ��`�kEsK.o4'�G No. � `� '1 �'3 1. Council approval is based on the site grading and wetland restoration plan submitted by the applicants and annotated by City staff,attached to this Resolution as Exhibit A. Any amendments to the plan which are not in confoi-mity with the approved pian will be at the discretion of City staff and may require further Plannin� Commission and City Council review. 2. The applicant shall provide the City with a copy of the executed buffer preservation declaration required by the MCWD. 3. The applicant shall provide to the City copies of the required ongoing wetland restoration monitoring reports as required by the MCWD. 4. The applicant shall execute the standard Flowa�e and Conservation Easement over the wetland and its MCWD-required buffers. 5. The applicant and his agents shall comply with all peirnit requirements of the various agencies having jurisdiction over this wetland. 6. The applicant sllall apply for and obtain a land alteration permit from the City prior to commencing the project. 7. Authorities granted by this resolution run with the property not with the applicants, but are peimissive only and must be exercised by obtaining a land alteration permit for the project within one year of the date of Council approval,or the variance will expire on that date(February 23, 2005). 8. 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�-anted herein, and shall be punishable as a misdemeanor. 9. The undersib ed applicants have read,understood and hereby a�-ee to the terms of this resolution and on behalf of the applicants and the applicants' heirs,successors and assigns,hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 7 ; � o� . o , o ��. ..� CITY of ORONO � �'� :�� '�' RESOLUTION OF THE CITY COUNCIL L�kEsI304� NO. � =� �. � Adopted by the Orono City Council on this 23rd day of February, 2004. ATTEST: , � - � ) ,- ; /� �� ;� � � � /� .%-- . �.'�, �� .-r Z� / / �?,. , s ;?_��--�_; ;� °� 'T , l _4''y 1, f � r ..Y �%.� , .�I L f,,. � �� 4 /?��, C... . Linda S. Vee, City Clerk Barbara A. Peterson, Mayor '\�� /''�� . _.1 �' ^��:� .c�� 1��"�� '�� Property Owner(s) � Page 5 of 7 : � o� o � o -��..- CITY of ORONO ,� �; ;, � '� , ��`. , ti RESOLUTION OF THE CITY COUNCIL C� L`9kEsI��`'� No, `� �I � j� STATE OF MINNES OTA COUNTY OF HENNEPII�T The foregoing instrument was acknowled�ed before me on this `�� day of 1 . ►-� ,2004 by Barbara A.Peterson,Mayor of the City of Orono,a Minnesota municipal corporation and said instrurnent was executed on behalf of the City. >-.�a-.��-.�.�,;��-�.• - - E 1 -� ` �, � -r '��i� '`��::>t � �--,> t..�`^`^,.-��..,-� � �'q ��ti � 3�,:i� � �._in . : � �" ��''�:� ,�-; ,;��, � , � � Notary Public ' �„ ,;�,;��ts��.:a;�, _ �. `; ,, tt:a;,. .-�:,�ss"f"+�'i:�r�'a°t�'.... -- ... � STATE OF MINNESOTA COUNTY OF HENNEPIN .��.� The foregoing instrument was acknowledgedbefore me on this `_/'.Uday of r�.��'%=�''�'�1,2004by Linda S.Vee,City Clerk of the City of Orono,a Minnesota rnunicipal corporation and said insti-urnent was executed on behalf of the City. �;;cr;��e��: � `. ,�'�� ti � ��_� ,��)�� ,��.�,__. � NOTARVPUBUC-N+IIJ;;�_�o?,� Notar Public � My Carrrrdssalon Expires Jan.:i1,%o�" y {�;, �,..__.� .�:,�>.: -..:—�;-�� Page 6 of 7 ' o - � � . o �� o ��. - CITY of URONO � �� :��. � RESOLUTION OF THE CITY COUNCIL �L�kES�I�4�G NO. ;� �i � � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this��day of rfi� ,2004 by Thomas C. Cullum, Jr., husband of Michelle A. Cullum. r BARBARA G. SILUS �a'�''� - - �� hoTARYPUSLIC-NiNr,=�ora Notary Public '�"�''`. My Commission[x�ires Jcn.31,2008 STATE OF MINNESOTA COUNTY OF HENNEPIN , This instiument was acknowledged before me this Z�day of /'� ,2004 by Michelle A. Cullum, wife of Thomas C. Cullum, Jr. ( .� --� Q/�,RBARA G. SILUS �� ,-,,�-:f`' F,�.T��, � ,. ��-_.. Notary Public � �.,�,, ., ��u.,-r �r, _,�-r, ,�`` .,,, tl,y Con:r..�s;o�'-x,,:r_.,.:�._.�t,�G04 ,,� Page 7 of 7 � . �� a��'f� 1�� .�I l� : - GRADING � L P A � , � N . _. .., "'`Cath on line ;-25' Mlnimum Buffer � ' MCWD E1ND PUBLIC VALUE CREDIT �..._...� � ; � P�operty Line .......::::.:�::::::._::::.�:::::-::.:::::::::•::::::::::'• ' � • AREA = 3.33 AC _ .:;y%: -�^�(l.�f.��t;;=:'�:' _ ._�\�0�- �ef , =:va:•==lirie�'.`r.: _"::i�R�k::"�.�'.�::�..-' ��`� 6U ....--•-----•-- �- � -- ... . ............... . . . .- - -------------- -• -. . . ................:..::.... ...---•----._..._. •� - � ; ........--- -• .:...................................... .. ..._.....---.... .... � tn .....---••.........::.:................... ..•---.._.... .._..._...._...._. ._...-�---�---- --. ._. _.....--•--•-•-•-•••-•-•-- •�-•_.".� ........_..-•--�---......--#::__•.�:::::.....::: � `��\-. �- �l�l�`� -••--•-••--•-�--•-•--•............... .. 1 ' ��;� f • � } � � � � 6 5 I � % ,�:�:� �\ :1:_ - ��5' �� - � � ::�::_- �-rt �:•"`••'�::'...-Loth o t��°a � ..._ - _ � � . _:� n lrne�e 1 -_....-. "':_".�' �1 ;j::;� � �ea � -_-:�:_:�;:::=:-::•:::�= � ��"� REFFR TD KJOLHAUG W�TLAND BUFFE"R s� ►�iN. �cn� Posr ALLOW FOR - -_ 15' \��8- . .�. ,� AT 4' �,4x. SPApNG DRA/NAGE �i-!RU ��8 � � ✓ / PLAN FOR BUFFER TREATiIfENT BERM. - =='- i/•� ` ----- / GEOiEX11LE FABRIC `'�'`'" '� f � FABRIC ANCHORAGE TRENCH. . � _" � � / DIRECTION OF �` BACKFlLL NATH TAMPm •..•:::p ,� WE'TLAND RUNo�' Ftow � NATURAL SOIL �o s�� t � :: , IMPACT yo� _ �--�� .�� B . T BERM 15 WIDE, "' "" �� 6, '° TOP ELEVATION = 99.0 (APPROX/MATELY _--` i AREA / ��-��=- � � � � � MIN �� 0.5' ABOVE' WE'7LAND ELEVA710N.) -�~==:'= � -==�.��•' �'ga � � y` / _�--__ �� J:�'=-� �c�� _ � PROPOSED WETLAND IMPACT = 2,135 SF �=�-= '• . � �i� / � .�f'-=:_, � ::•:1�:::•'=� . „�,/ �� 51LT FENCE DETAIL TOTAL MlT1GAAON AREA=2,135 SF - �� ' ' �� --s�--s�--s�—�o�s sa.r�c� 25' BUFFER AREA=5,157 SF -'�-'- � ;fl�' '-.�/ � � �� ::_ � 1 6.5 B U f F E R A R E A=6,fi 3 0 S F '�-.;�=:., :-="•== 1 � t�'G� TOTAL BUFFER AREA=11,787 SF �=�:::..i..... ::: / / �� ,� •:�;: _:_�'-.: j --�' {-�'-�brrr ine � / / �� s � f � � ° � � �,;�!. .>6:..: ��„�;�.t 1 J� , �, � � � �. �1 °' � ' / 1� �f \ � .. '�' �."; � �if� ' � 11�3� ��:1� ` 1 Property Line�• - .� ;I; P�operfy Description: _ _ l � ` ' � \ '') T�act B, Regisfered Land Survey � �` � Note: No. 1031, Hennepin County, Minnesofa, 1. Wet/ands Delineated by. occording to the frles of the Registro� of Tit/es_ Kjolhaug Environmental services. 2. The buildings, if any, were not located as part of this survey, - - FIGURE 3 Re uested B I HEREBY CERTIFY THAT THIS PLAN denotes iron monument found q y� SPECIFICATION, OR REPORT ' Revised: ' `r m WAS PREPARED BY ME OR UNDER Web Site: 11/01/02 KDK Q denotes iron pipe Set �O� �u`��, I � MY DIRECT SUPERVISION WVVW.off0a550C►�eS.Coltf oTTo-�4343 AND THAT I AM A DULY LICENSED � and marked as shown: ° PROFESSIONAL ENGINEER UNDER THE " � orro�oos2 0 9 West D1vlslon S�. ❑ denotes � wood loth Date: Drawn By: Scole: Checked By: Ma��P �EnST�ATE OF MfNNESOTA T Buffalo,MN553�3 Job No. P Ph:(763)6$2-47Z7 � denotes soil boring SSOCIATES F�;�763)682-3522 1639 08�14�02 KDK 1"=50� LICENSE # 19901 Engineers�nd Land Surveyors, Inc. O denotes ercolation test hole