HomeMy WebLinkAboutResolution 2989 , . � �- �� .
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`' " '�' RESOLUTION OF THE CITY COUNCIL
��`9.k p4�G NO. 2 9 89
ESII
A RESOLDTION GRANTING
A VARIANCS TO
MUNICIPAL ZONING CODE
SECTION 10.55, SDBDIVISION 8 AND
C-RANTING A CONDITIONAL DS$ PERMIT PER
SECTIONS 10.55 SIIBDIVISIONS 10 - 12 AND
SECTION 10.03, SIIBDIVISION 19
gILE #I604
WHEREAS, Clair and Lynn Rood (hereinafter "the applicants")
are the owners of the property located at 2215 Kenwood Yday within the
City of Orono (hereinafter "City") and legal ly described as follows:
Lots 54, 55, 56, 61, 62 and 63, "Wallaces Addition to the
Village of Minnetonka Beach", Hennepin County, Minnesota
(hereinafter "the property"); and
WHER$AS, the applicant has applied to the City of Orono for
a variance to Munir.ipal Zoning Code Section 10.55 Subdivision 8 to
allow excavation of a designated wetland area where no such excavation
is normal ly allowed, and a conditional use permit per Sections 10.55,
Subdivisions 10 - 12 and per Section 10.03, Subdivision 19 for
excavation, grading and filling in excess of 100 cubic yards and
within a wetland/f lood fringe district.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Ninnesota:
FINDINGS
1. This application was reviewed as Zoning File �1604.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District:
3. The Orono Planning Commission reviewed this application on
Ncvember 19, 1990, January 22, 1991, May 20, 199I and June
17, 1991. After receiving additional materials as requested
from the applicant during the review process, the P lanning
Commission on June 17, 1991 voted 5 in favor 1 against to
recommend approvaT of the requested variance and conditional
use permit for excavation of a half acre pond within a 1.5
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� � RESOLUTION OF THE CITY COUNCIL
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acre designatecl wetland, with spoils disposal above the
flood plain elevation on the site, based on the following
findings:
a) The area of the wetland has been used as a dumping site
over many years. Applicant's stated intent is to
remove the accumulated debris and haul it off the
sites. This clean-up is considered a general
improvement to the area of this wetland.
b) The City Engineer has reviewed the project and has
advised that all storm water and f lood plain management
engineering requirements have been met so that there
will be no anticipated adverse impact on Lake
Minnetonka.
c) The applicant's intent is to restore this area, after
excavation, to a natural habitat character rather than
a park-like setting, and the applicant has provided a
suitable revegetation plan and planting schedule.
4. The Council finds that the proposed pona excavation project
generally will have insignificant impact to the Lake �ased
on the small size of the wetland and its inf luent watershed.
The s light increase in storm water storage is considered a
benefit to the area, and removal of debris accumulated in
the wetland basin coupled with creation of an open water
pond and retention of the natural characteristics of the
wetland area, will generally have a positive impact on
wildlife habitat. It is the stated intent of the City in
approving the requested variances and conditional use permit
that the wetland be restored to a natural character rather
than revert to a manicured park-like character.
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 clistrict; 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
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nreserve 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.
6. The City Council finds that granting a conditional use
permit to allow the proposed excavation, filling anc3 grading
within a designated wetland area wil 1 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
P lan of the City.
CONCLIISIONS, ORD$R 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 Sections
10.55, Subdivisions 10 - 12 and Section 10.03, Subdivision 19, to
allow land alterations within a designated wetland per the approved
plans attached as Exhibit A, subject to the fol lowing conditions:
1. Applicant shall conform to all construction and site
protection requirements recommended by the City Engineer and
as may be required by the 4�'atershed District, the DNR, and
the Corps of Engineers.
2. Silt fencing and other required erosion controls shall be
maintained in place during the period of excavation and
until renegetation is accomplished.
3. Applicant shal 1 adhere to the revegetation plan as proposed.
4. App2icant shal 1 grant a f lowage and conservation easement
over the entire wetland area defined by elevation contour
931.5, plus a 15' easement extending the the 8" PVC culvert
at Navarre Lane. The legal description for such easement �
shall be provided by the applicant's surveyor. No land
alteration permit shall be issued to the applicant until
such easement has -been properly executed by the appl.icant.
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����=� �`� CITY of ORONO
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� � G'�' RESOLUTION OF THE CITY COUNCIL
��k�SH04��' NO. 2989
5. The applicant shall obtain a land alteration permit ($75.00
per current fee schedule) prior to commencement of the
project. Such permit shall not be issued until the
appropriate permits of other agencies are submitted to the
City.
6. Construction/excavation must be done in the winter and
the outlet culvert must be sealed off during the entire
construction time.
7. Applicant shall work with the appropriate agencies
(City/Minnegasco ) in restoring grades around the
culvert and exposed gasline at the south end of the
property.
8. Chemicals for the control of algae and aquatic
vegetation within the pond shall not be allowed.
9. Areas designated on the plan as remaining undisturbed
shall be fenced off prior to grading to prevent their
destruction.
10. Applicant to execute a Developer's Agreement with the
City including:
a. Completion at approved time periods.
b. Posting of security so City can step in and
complete work if necessary.
c. Payment of fees for any excessive inspections
needed during the construction period, and payment
of any excessive engineer review fees accumulated
during the review process.
� 11. 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 building permit within one
� year of the date of Council approval, or the special
� conditions of this resolution will expire on that date (July
22, 1992).
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RESOLUTION OF THE CITY COUNCIL
��kESI;�4� NO. 2 9 8 9
� 12. 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.
13. 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 Council on this 22nd day of July,
1991.
ATT ST:
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orothy M. allin, City Clerk Barbara A. Peterson, Mayor
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
� COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me, on this
22nd day of July, 1991, 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. VE& • � //A n '
NOTARY PUBIIC - MINNEBOTA //J��
HENNEPIN COUNTY �/
My commissbn expires&12�6 NO ary U 1C
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RESOLUTION OF THE CITY COUNCIL
L�kESII�4� NO. 2 9 8 9
STATE INNESOTA )
) ss.
COUNTY OF HENNEPIN )
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On this v�� day of vt ��/ '
before me a Notary Public within and for said county, personally
appeared �(�c-�r' T• o od �pi n-� v w h E� known to me to be
the person(s ) describe in and who executed the foregoing
- instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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NOTA Y P
LINDA S. VEfi
ppTApv rniPl i� _ �">•"�ESOTA
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��., ;. My commissi�n expires&12-08
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss. '
COUNTY OF HENNEPIN )
On this o� 3 � day of ,�G{ �V , 199 �, before me
a Notary Public within and for said County personally appeared
G � � j oo� �o %�►-� OGu ��' known to me to be the
pe son(s) dWled ed th t heh (they) texecut d thelsametasmhis
and ackno g
(their) free act and deed.
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T Y PQBLI
LINDA S. M��A
NOTARY PueuC-
HENNEPIN COUN7Y
ury c«nmias�on e�e-12�
MY CO
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RESOLUTION #2989 _
STATE OF MINNESOTA )
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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 Julv 22, , 1991 , and that the same is a true
and correct copy of said resolution was duly adop�ed by said City
Council at said meeting .
In Witness Whereof , I have hereunto s2-t my hand and seal this
22nd , day of Auqust . 19 91
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0 othy allin, City Clerk �
(SEAL) •