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Home My WebLink About#3677-CUP-1996 �s�''.... ��. , � O� � o . o � CITY of URONO a � �� G'�' RESOLUTION OF THE CITY COUNCIL . 9�r�Ho4 No. � 6 7 7 A RESOLUTION GRAI�TING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING C4DE SECTION 10.03,SUBDIVISION 19 AND A VARIANCE TO SECTION 10.55,SUBAIVISION 8, FILE NO. 2102 � WHEI2EAS, Howazd I. McMillan and Elizabeth T. Mc�illan (hereinafter the "applicants")are the owners of the properiy located at 127�Lyman Avenue within the City of Oron� (hereinafter"City") and Iegally deseribed as follows: " Lot 2,Block 1,Orono Orchards Highlands,�Iennepin County,Minnesota(hereinafter the "property"); and WHEREAS,the applicants have applied to the City of Orono for a conditional use permit and variance to pernut.the excavation of a.12 acre open water azea or pond within a protected wetiand of the City and th� filling of a bank within 26' of the designated i�vetland where the Muni�i�'�al Code prohibits land alterations within a designated wetland and within 26'of the wetland. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: ' FINDINGS 1. This application was reviewed as Zoning File#2102. 2. The properry is located in the RR-1B Single Family Rural Residential 7�� District requiring two acres of dry buildable land. The property consists of 2+acres. 3. The Orono Planning Commission reviewed tlus application on January 16, 1996 and recommended unanimous approval of the variance and contlitianat use permit as proposed based on the following unique findings or hardships: . a. All�land alterations are proposed within areas unsuitable-for development of a sewage disposal system. . Page 1 of 5 • � 6 . 1 qr. Y,� .y!'y� .` � . , . ' . i' � O� . O O � � ti . ��CITY of ORONO ��i� G'�' RESOLUTION OF THE CITY COUNCIL . �ESSOg'� NO. e; G � � b. The land alteration within the 30+acre wetland system will involve an area of.12 acres. � c. Vegetation withi.n the 30+ acre wetland consists predominantly of Purple Loosestrife and Reed Canary Grass, invasive aquatic weeds that choke out desirable native vegetation associated with a healthy,thriving wetland. d. The area of the wetland to be altered is in a transitionai azea consisting of 40%Purple Loosestrife,4Q%lake sedge and 20%cattail. e. John Anderson, applicants' wetland consultant, confirms the area will be replanted with prairie restoration mix of native grasses that will reduce the ability of Reed Canary Grass and Puiple Loosestrife to once again colonize this area of the wetland. f. Ben Wopat of the Army Corps of Engineers advises in his letter of January 26, 1996 that the proposed land alteration will be authorized under the Department of the Army's nationwide permit. Wopat continues to advise the following to applicants ... "Hand removal of youn�Loosestrife plants before they go to seed may be the most effective method to control this species, although spot spraying of approved wetland herbicides may be necessary if hand removal is not sufficient." g. 270 cubic yards of excavated material will be used to establish more gradua.ted and natural slopes in an azea where a retaining wa11 has collapsed allowing erosion of bank adjacent to wedand. h. The excavation of the pond will improve wildlife habitat and result in the removal of the Purple Loosestrife and other invasive weeds. 4. 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;tha�t 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 hazdship Page 2 of 5 .r , : ..� . . . . C ... . '� ��,.', �:��: . :d • ,., �.:�.• . � � �• � • � � � J ' - ' �O� . O O ' � � � CITY of ORONO � �� G�' RESOLUTION OF THE CITY COUNCIL � �kE8fIOg' NO. s� s � � 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 Counci.l finds that granting a conditional use pernut to allow the excavation of a wildlife pond and filling adjacent to the designated. wetland will not be � detrimental to the health,safety or general welfare of the pubIic,would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properiy, nor will its use depreciate surrounding properiy values and that the proposed level of use of the properiy will be in keeping with the intent and objectives of the Zoning'Code and Comprehensive Plan.of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findi.ngs,the Orono City Council hereby grants a vaziance to Municipal Zoning Code Secti.on 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivisions 19 and 20 that would allow the excavation of 270 cubic yards of spoils from a designated wefland to create a wildlife pond and the placing of excavated materials on the property, portions of which will be located within 26' of the designated wetland, subject to the following,conditions: 1. Applicants shall grant a Conservation and Flowage Easement over the designated wetland located within the southeast corner of the property. - 2. All erosion control as shown on grading plans by Mark S. Gronberg dated Octbber 18, 1995, most revised date February 1, 199� shall be installed prior to any land alteration or disturbance of existing groundcover within the designated wetland or within 26' of the wet�and. Erosion control may be varied at any time during these alterations at either the request of the City Engineer or the Orono Building Staff. 3. All spoils excavated from the wetlands shall be stored in an upland azea and secured . with appropriate erosion control until the spring when spoils are in a condition suitable for contouring of bank. Final grading shall be completed in late April or early May of 1996. Seeding with a suilable wetland mixture shall be completed no Iater than June 15, 1996. Page 3 of 5 , . � . ' � . � . .. , r . . , ; . � O� O O � C�ITY of ORONO � � � . ��i� �G�' RESOWTiON OF THE CITY COUNCIL � • �kESiIO� NO. e� G "� � 4. It shall be the responsibility of the applicants to contact the Orono staff prior to the commencement of the land alterations to determine if erosion control has been properly installed and whether the erosion control will be sufficient. 5. Authorities granted by this resolution run with the property not with the owners,but are pemussive only and must be exercised by application for a land alteration pernut by February 1996 in order to meet approved deadlines established by applicants and approved by the City. 6. Violation of or non-compliance with any of the terms and conditions of this resolution shail constitute a violation of the Zoi;ing Code, shall automaticaily terminate any authority granted herein, and shall be punishable as�.misdemeanor, 7. The undersigned applicants have read,understood and hereby agree ta the terms of this resolution and on behalf of themselves, their heirs, successors and� assigns, hereby agree to the recordi.ng of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 12th day of February, 1996. ATTEST: � � . • , orothy M. al in, City Clerk Edward J. Callah ,Jr.,Mayor � � 17�1`�'� � - Property Owner(s) Page 4 of 5 p e .� .� , . , �t • + .. . _ � •r . � O� � O O � � CITY of ORONO �� G'�' RESOLUTION OF THE CITY COUNCIL � '��EsKo�' No. � 6 7 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of February, 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. � JAMIE L.BOSMA . . "' NOTARY PI�IIC-MINNESOG �� ; s . HBVMEPIN COUNTY � ..• r�y comm�sl��xntres,an.�,200o No P blic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this�day of , 199�; before me a Notary Public�vithii� and for said County,personally appeared 1 7`lyia y� known to me to be the person(s) described in and who e ecuted the foregoing instrument; and acknowledged that he(they) executed the same as his(their)free act and deed. :,, . JAMIE�L.80SMA . . , aora�r Pueuc-MiaN� ' : : HE��uE�ro COut�tTlr No � ublic �. '••••• My Commission Expires Jan.31,2000 STATE OF 1�ZINNESOTA ) � ) ss. COUNTY OF HENNEPIN . ) � On this day of , 199_,before me a Notary Public within and for said County,personally appeared ' known to me #o 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. � Notary Public Page� of�