The URL can be used to link to this page

Home My WebLink About#6758-CUP-2017 : o . . a�r o ��v �- •� Doc No A10447529 Certified, filed and/or recorded on Jun 5, 2017 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 1 Pkg ID 1557644M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. t � � � ��0 CIT Y OF ORONO RESOLUTION OF THE CITY COUNCIL �� ' No. b 7 � 3 j'�kFs x oR�' A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-967 AND 78-1286 FILE NO. 17-3928 WHEREAS, on March 22, 2017, Mike Hart(hereinafter the"Applicant"), applied for a conditional use permit for the property addressed 2510 Casco Point Road and legally described as: The Northeasterly Haff of Lot 4, Block 6, Townsite of Langdon Park, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit(hereinafter the"CUP") pursuant to Orono Municipal Zoning Code Sections 78-967 and 78-1286 to allow grading and filling activities on the Property in excess of 500 cubic yards of imported material; and WHEREAS, on April 17, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 17, 2017, the Planning Commission recommended approval of the CUP with conditions; and WHEREAS, on May 8, 2017, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #17-3928. The analysis contained within staff memos and the exhibits attached to the aforesaid memos,all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 1 , , , . , g"��O CITY OF ORONO RESOLUTION OF THE CITY COUNCII, 'y�. G�'� NO. � / � !7 19xE5 H�g� 2. The Property is located in the LR-1 C Single Family Lakeshore Residential Zoning District. 3. The Property contains 0.52 acres in area and has a defined lot width of 63 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following: a. Conditional Use Permit for Grading 6. In considering this application for CUP, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP upon the health,safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONDITIONAL USE PERMIT ANALYSIS• The City Council may grant a CUP as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city finds that the proposed use at the Property is or will be: 1. Consistent with the community management plan; The intent for the proposed grading is residential in nature, is consistent with the permitted uses for the property, and is compliant with the zoning code and comprehensive plan. 2. Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The proposed grading is residential in nature which is consistent with the permitted uses for the Property. 3. Adequately served by police, fire, roads, and stormwater management; This statement is true. 4. Provided with an adequate water supply and sewage disposal system; This statement is true. 5. Not expected to generate excessive demand for public services at public cost; This statement is true. 6. Compatible with the surrounding area as the area is used both presently and as it is planned 2 , , . . , ��0 CITY OF ORO NO RESOLUTION OF THE CITY COUNCIL y� G�'C'' NO. � � � � �kFS H O4� to be used in the future; This criteria relates to whether the proposed grades resulting from the earth moment are appropriate and in character with the surrounding land and neighborhood. The re-grading of the Property will be more in conformance with the neighborhood and will provide a smoother transition from one property to the next. Once completed,the grading will have no impact on suITounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood. 7. Consistent with the character of the sunounding area, unless a change of character is called for in the community management plan; The proposed grades will help to facilitate stormwater runoff down property lines, and not toward adjacent properties as is the current condition. The proposed grades should not result in a negative impact to neighboring properties. 8. Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The Applicant is proposing to re-grade the Property to facilitate a first floor garage where a tuck under garage is the existing condition, as well as improve Stormwater management. It is likely adjacent lakeshore properties will not be impacted. The grading will be reviewed and monitored closely by the City's engineer to assure that all existing drainage patterns are maintained and adjacent properties are not adversely impacted. 9. Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; This standard requires that the proposed grading and improvements must not substantially impair the use and enjoyment of the properties in the area or have an adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the export of fill materials. However, activity of exporting approximately 500 cubic yards of fill and active grading of the Property can have a temporary adverse impact on neighbors. The import, and grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and tra�c on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The finished grade will be vegetated and landscaped; it should blend into the Property and the neighboring properties. The project, once completed, should not result in undesirable views requiring mitigation. 3 , . . ��0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL r o �yF G�'�` NO. � � � l� j'�$FS H�R� 11. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interFerence, general unsightliness, or other means; See#9 above. 12. Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; The Applicant will be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. Casco Point Road is a dead end road. The grading project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 13. Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; This standard requires that the project be designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The long term effect of the project should result in minimal environmental impacts. The project will be monitored by the City, to prevent erosion from the site. 14.All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; There should be no lighting or glare resulting from the grading project; and 15. Not detrimental to the public health, public safety, or general welfare. The Applicant will be required to keep debris off of the public roadways. The noise resulting from the trucks hauling and equipment moving the material in and around the site should be minimized to the extent possible. Casco Point Road is a dead end road. The grading project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. CONCLUSIONS. ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-967 and 78-1286 to allow import of fill material in excess of 500 cubic yards; subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated March 21, 2017 by Carlson McCain submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. 4 ��0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� ,�� No._ f� 7 �' � j�kB5H�4� 3. The Applicant shall comply with the City's and MCWD's erosion control regulations. 4. The Applicant shall conform to the City Engineer's requirements at the time of the building permit. 5. Hauling shall occur during allowed construction hours only Monday through Friday 7 am to 8 pm (and between 8 am and 8 pm on weekends and holidays). 6. The street shall be swept daily, or as needed, to keep debris off of Casco Point Road. 7. Contractor(s)shall post a contact number and be able to respond to complaints in a timely fashion. 8. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 9. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a permit and commencing construction of said project within one year of the date of Council approva�, the conditiona� use permit will expire on that date (May 8, 2018). 10. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 8�' day of May, 2017. ATTEST: CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 5 l.C� pr.'{F. -- -• � -�-� -��, �' __. ;;..,:` p' CERTIFICATE OF SURVEY ; �ry . � ;. ,�, � `'Y '� �` �-`�-�� I "�5~ � �z q v Q � �-�!;�.��'`:�;: � a ; 'w' NORTHEASTERLY HALF OF LOT 4, BLOCK 6, •>�� M �,� � ;,.'' �y� �`� � � ; �� TOWNSITE OF LANGDON PARK, aF� � o � � �'�,��;' . ��"' �<,�4� ^�'� HENNEPIN COUNTY, MINNESOTA �� Z X e— � ..j� '� � +" ��8 a w � �� f`.. .�, ��, : h' �-.W PRELIMINARY � ��o O �//� � �F: \ 1�� N� � �.�';��' � ,�.-� � � . I � � a� � , �` � � � , _� � � -� ,� . � �� ...,� i,.,,;� ,��"�:�4�` � ,� ., .. .� .� �"' `,.. i� '� .....L.� �` `� E+�a� �`.` �y�t � .�c.rw.aera.ir..rw�w�r,...r� �=►� g� e.�..-..e�...W...:�W...a...�...�-s.,.�«,Q........a�.�.v.,,,...�. ' .... �;��\� •"`��i`4�` �\ 1-�'1�4t �^,� `"rv. �ea�wu ..... %� �a \` 4 ' ��t� ♦ �'��'y�s r,� . �� "'......�.. �o.�..:+...�. O � � » +...... r/ L S. � i ,�'�� "4 � �^+T �.;,: ��F a ��r..w o..u.a r..r.au.�s m�u�.w..,...nm rum v r nn-r..Y.�wr � ,��, �''�� , o �. � - n ._.,..�_..,.......�.,...,,.�......�«....�.��.. a o� / $ �� .,.-� w o...v.�....o+�.....�i..�..s r.....e...i....r...... J / \�� v�y�4�::C. � ..` � \��` ` � a s.n.��....�w......�.r�.w.�.�..n+..h..ae.a.� d 6� s . � � V� C `• }�� .`�� YI � 0f/fAdW � \��'� � ��{� �` � �' ' � ��Ywl�atlW9�w�I1�Y�1�P��M��M��y�xwrtino�elYrr.wwtlaneMW�rw � 0 J '+ \ �;��... � ` ((�ru '� . Y+eY11�YMryfW). � � \ 1 � �� . 1 �rrrnr � ��,.� N \ � `�,�\,�� k D R A F T \\ ..Y. _ .�.:r Y �i"'; �• ;~ $s Il �' yl�1U� .�,':,�."�:.�,.� , � ,�; � , ,�1�� y�' � ' � 1 .� �\ . � `� � .r. ,`,� , � *- • `-i��•, D � 'Ir�'n� � t,x . , Tr�' I� A �� ' .� ...,. F�� \ I�, `� ' ...� t ��,`' � � �j � ` , �� ,��1 ';��,,° „�.r �� `•�\` �, W�� • ,I�'y': '� � .�� ,n;:..�,' ` �/ i FPpaID �W c f o s l s ' \ //:.,.. � •Z� '.V .h � • -o.w.rr�..Y....w � C: i '. w .�. -wwr.c�ww sp u.,.u.� �LL s°' \ / �` `+� � n+w s.. V \\ •� � .J� .......__ �`�.� / �� •�`� Q _ar.a...e � n� � d'� � wl ,l� �� • -wwr M hx � '��I � v. % ..�' � o" b _o..r.w.r �••+�,' ,.-'� � ��•-.._. � Y -o..r ora r� w�r�w.n to...e Flow rHwwn:3,}�.5_ \\ '(�� +°�� ✓ r' �i��p�''� ,� ...'hn..�'•y I � S -aw.wm.wor �vwoxs PROPOSED BUN.DING ELEVATIONS �I ��el�..y� '1�T \�I «t •�•• �./ ...\��: �..� /' 8 -wi.r t+s�.�•er t�t�.�.uw�u..9�5. \ ,�"�, V� ��*•sV � {'�' "�Y� t.-�'/"',✓'..., A -o..r wwr r.r rw a rw�mum wwuom�*.� \ d` ,�� •w ) %` �l�..__.__ -^�i h•i-� /+� � -w.w rr.e w som� cww sm cwwqan(ot eoark 3L},B. \ �, ,'•. ..�./'� � ' - ;�/\ /�i B -orw Yrr..�y.m. � .r. �%� 1y� —.. -c.w w.rr umc wn. � '^�K 4,6\,�// ��i' /�'/�'/.� --�-,� 'wn.w.wo sw nun � , v � /♦ e ..., yi � '� �d� - -c..w s.+n a.. ... ^ `' :. �'\ �f�..y.�� 'ti• -----�- -°..w.w'+*+� Py N �,v.,..__ ... ..._xraon+an \� W• �/l ... ��,��,y/"l��•�,y` �.l , � _an.r aw.�awrw � ,�`OQy S o��eoa° s�°'w.r..m s��.�sxsoe.µn � �� iliM'/� �tJ'� � -oar mww r.a. ��`t�`� � an�.r w..m�rx r�w w....:aso.an � •. : �� , � -wa.rrww.s.i.o. Q� J`�G �rvr ww�nf_.__ _ ..'_. m�an � ` ♦ :"' ,r � �i� � �`� /� 1 _o.a�o+mr o.w ��f . qy..w�—-aoy,�w � ____._._..:�,yy , vO nao.w s.cn ca m.w.. ss wn /ti / -o..r w�+o.+.. 1 rwar wn..rv.-...._......_...... ..:aw.an �\ � / / i Tabl bM�iew LbwaW'_. ............tM4 � ./ �. � �\/ (.rtn) Awiawn) � '�+^. �� " ..�•�� ,�y of 1 • � f STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on May 8, 2017 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 8�'day of May, 2017. Anna Carlson, City Clerk (seaX� ,��',; 041\` , . �-y:, � • � 1 ,; � � t1 . L � :-��a�e e.�� a, 3d` . ,y�']\ y�^�f . �" • +��. � '�/(/. �'`� �'�'• j . '1,. °�. _. , ''' ��o " �?y �I;. � ...� \ ��)/i Y . '�f_ �d !% � , , ��'� Y` �� •� �,�%^,.Y' . � � fi v�C� � w , � .. , -; , , �,,'" , , :try� �k� � �� r � ' 'i,1�1�i i��& Z c�'�, ��. .', x : � ��