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Home My WebLink About#3799-variance-1996 � . � � O� O O ��b-_- CITY of URONO � � � ti , �� ,'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. :3 '� � � ' A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.�5, SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2176 WHEREAS, Daniel S. Perkins (hereinafter "the applicant") is the owner of the property located at 55 Landmark Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot l, Block 2, Bayside Landing, Hennepin County, Minnesota (hereinafter the "property"); and �VHEREAS, per Municipal Zoning Code Section 10.03, Subdivision 19 the applicant has made application to the City of Orono to permit the removal of 200 cubic yards of peat from a 3.2 acre protected wetland within the property. Per Section 10.55, Subdivision 8, the applicant has filed a variance application as the code does not permit land alterations within a protected wetland. .. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS . l. This application was reviewed as Zoning File #2176. 2. The property is located in the RR-lA, Single Family Rural Residential Zoning District requiring five acres of area. Two acres of which must be contiguous. The property consists of a total of 10.4 acres, 7.2 acres of dry and 3.2 acres of wet. 3. The Orono Planning Commission reviewed this application on October 21, 1996 and recommended approval of the proposed variance and conditional use permit . based on the following findings and hardships: Page 1 of 5 . ' .� 0,�. ' O O �� - CITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �9kESHOg'� NO. c� '� 9 � �'� A. The excavation of 200 cubic yards of peat from the wetland will have a negligible affect on the 150 acre wetland. B. The excavation of open water areas will enhance wildlife habitat. C. Portions of this wetland have already been excavated for the purposes of retrieving peat for the past thirty years without any negative impact on the wetland or the existing wildlife habitat. D. The excavation of ponding areas will improve water storage and provide a sediment trap. E. The regrading of banks adjacent to the open water areas will encourage more beneficial wetland/aquatic vegetation. 4. The City Council fmds 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 tra�c conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely ser�e 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 the annual mining of 200 cubic yards of peat from the wetland during the winter months of 1996/1997 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 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. Page 2 of 5 , � � . � O ' Y O O b CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��'`9IfE p4�'�G NO. e� '� 9 � - sx CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above fmdings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 to pernut the excavation of 200 cubic yards of peat within a protected wetland of the City. The current conditional use permit is issued for the winter only months commencing December 1996 through March 21, 1997 and shall be limited to 200 cubic yards. Approval of this conditional use permit is subject to the following conditions: 1. The City has reviewed a comprehensive land alteration project involving the creation of two open water areas within a designated wetland on the property to be completed at a future date. The applicant shall file an annual conditional use permit for the removal of 200 cubic yards and shall be charged the fee for a renewal conditional use permit as set forth in the City's fee schedule for the current year. The City shall also waive the requirement that applicant file for a land alteration permit upon Council's approval of the annual conditional use permit. 2. The City has approved access to the site for construction vehicles and eq�ipment to be at the northwest corner of the property. If access is to be achieved via Landmark Drive, the City must be advised so that applicant can provide suitable notice to all land owners served by Landmark Drive. 3. Applicant's current permit involves the final excavation of the smaller 5,000 s.f. open water area within the wetland. Applicant's contractor shall complete final approved grades of the banks at 5:1 and 8:1 slopes. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only. 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. Page 3 of 5 , � .� 0,�. ' O O ��b CITY of ORONO � � ti �� '�' RESOLUTION OF THE CITY COUNCIL ��kESH�g'� NO. e� � 9 � .� 6. 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 12th day of November, 1996. AT EST: � , !" , 1 • � d Dorothy M. al ' , City Clerk Ed�vard J. llahan, Jr., ayo � � , � ' .: , � ��"�----- � � _______. . . ,� Property Owner(s) ' STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of November, 1996, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �,�.�, � . o � i � - Notary Public •`.,,`, CAROLE A.HASEMAN : NOTNiYPUBUC-MINNESOTA H�INEPIN COUNTY ' ' MY Commission ExPires Jan.31.?�00 Page 4 of 5 � , . . � O 'V O O ��b� CITY of ORONO � ' ti� �� ,'�' RESOLUTION OF THE CITY COUNCIL 9kESH�S�`' NO. e� '7 � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /�+-►, day of DPee►-►�6e� _, 199 6 , before me a Notary Public within and for said County, personally appeared�jjn;�( S_ l�or1C,�g, rr,ar��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. ��` � " CAROLE A HASEMAN :'° ` NOTARY PUBIIC-MINNESOTA 4 :� HB�NEPINCOUNTY �t�p� � ,��•�o—�'r��J •,•�•'r My Canmissi�6cpires Jan.31,2�0o Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 1(,p�' day of {,��e�u�� , 199(v , �efore me a Notary,�ublic within and for said County, personally appeared 7�. ` � � ,� 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. �� Nota blic �•,�° " ' JAMIE L.BOSMA ' NOT/�9Y PUBIIC-MINNESOTA � �,��ts�• HENAEPIN COUNTY My Commission Expires,�n.� �ppp Page 5 of 5