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Home My WebLink AboutResolution 6809Existing Certs 1432078 aeras eelly 4ven"e--, Doc No T05495652 Certified, filed and/or recorded on Nov 22, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 21 Pkg ID 1631737M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-967 & 78-1286 FILE NO. 17-3987 WHEREAS, on October 23, 2017, John Kraemer, on behalf of the Ellen Redmond Revocable Trust, the owner (hereinafter the "Applicant'), applied for a conditional use permit pursuant to City Code for the property addressed 2625 Kelly Avenue and legally described as: Lot 6, Block 5, including that part of the vacated Southwesterly 34 feet of Kelly Avenue lying between the extensions across it of the Northwesterly and Southeasterly line of said Lot 6; That part of Lot 7, Block 5 lying Northwesterly of a line drawn parallel with the Southeasterly line of said Lot 7 from a point on the Northeasterly line of said Lot 7 distant 62.5 feet Northwesterly from the most Easterly comer of said Lot 7 to the shore of Lake Minnetonka, including that part of the vacated Southwesterly 34 feet of Kelly Ave. lying between the extensions across it of the above described parallel line and the Northwesterly line of said Lot 7, All in Townsite Of Langdon Park, Hennepin County, Minnesota. The Southeasterly line of that part of Lot 7 described herein marked by Judicial Landmarks set pursuant to Torrens Case No. 5858; Certificate of Title No. 1060940 (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-967 and 78-1286 in order to allow the export of approximately 4,500 cubic yards of fill material from the Property; and WHEREAS, on November 13, 2017, pursuant to City Code Section 78-912, the City Council unanimously voted in favor of waiving the Planning Commission's review of the application; and WHEREAS, on November 13, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 November 13, 2017, the City Council reviewed the application and the recommendations of the City staff and recommended approval of the conditional use permit; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 09 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit 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 #17-3987. 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. 2. The Property is located in the LR -1 B One Family Lakeshore Residential Zoning District. 3. The Property contains over 3 acres in area and has a defined lot width of approximately 180 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 a conditional use permit for filling and grading activities. 6. In considering this application for conditional use permit, the Council has considered the advice and recommendation of City staff and the effect of the proposed conditional use permit 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 conditional use permit as it 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. 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 8 09 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 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 surrounding lands. The grades, once vegetated and landscaped should not have an adverse impact on the neighborhood. 7. Consistent with the character of the surrounding 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 remove a knoll of land to allow for a garage entry on the main level and to accommodate a walk out which is not out of character for the neighborhood, as well as improve Stormwater management. It is likely adjacent lakeshore properties will not be impacted. The site 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 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 0 09 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 4,500 cubic yards of fill and active grading of the Property can have a temporary adverse impact on neighbors. No complaints have been received. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic 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. 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 was successful in keeping 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. The grading and construction 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. The grading project will be monitored by the City Engineer and planning staff so as to minimize nuisances during the project. 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 S 09 CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants an after -the -fact conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-967 and 78-1286 to allow the export of approximately 4,500 cubic yards of fill material from the Property; 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 and grading plan dated 10/19/17 submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 4. Authorities granted by this resolution run with the Property not with the Applicant, but are permissive only and must be exercised by obtaining a building permit consistent with the submitted plans by Sharratt Design & Company dated 08/30/17 for the new construction and commencing construction of said project or the conditional use permit will expire on that date (November 13, 2018). 5. 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 13th day of November, 2017. ATTEST: Anna Carlson, City Clerk CITY OF ORONO: Dennis Walsh, Mayor e �.ps� �S It Fi ids i g •6f�Y m&� E S=^C Y ! n' ,°N7 °°71 ti �e \ .__.^° ---------- y.___._____—."�""—__�� Dal - 10 ---- --------- — - ---�------ t jilt all lit 7 ��$ � �� sir ��fr3��7�.fi • i �� s $�.� _?g g �B q' � + 7 a � °� � g ��.� '§r o ~ y $ "�j'$g�g$ 13 1HI` ��3o lu., .8 ' fl k A I