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Home My WebLink AboutResolution 5991 �7 /WShoAx-- Doc No A9657634 Certified filed and/or recorded on -" 5/25/11 10:00 AM Office of the County Re der Hennepin County, nesota Michael H. Cunniff, unty Recorder Jill L. Alverson, Coun Auditor and Treasurer Deputy 52 Pkg ID 713101 Doc Name: Cond ional Use Permit Document Re rding Fee $46.00 Document / $46.00 This cover sheet is now a permanent part of the recorded document. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-966, 78-967,78-1247,78-1283, and 78-1286(5) & (D) FILE NO. 10-3490 O O O a ti CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL`9kESYi0NO. 9 i A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-966, 78-967, 78-1247, 78-1283, and 78-1286(B) & (D) FILE NO. 10-3490 WHEREAS, John F. Roedel, a single person (hereinafter "the applicant") is the owner of the property located at 4725 North Shore Drive within the City of Orono (hereinafter the"City") and legally described as follows: See attached Exhibit A (hereinafter the"property"); and WHEREAS, on or about August 10, 2010, the lake-facing slope of the applicant's property experienced a catastrophic failure and collapse. Many cubic yards of earth and the vegetation from the slope collapsed into the lake below; and WHEREAS, the City of Orono has an interest in expediting approvals necessary in order to repair the slope failure; and WHEREAS, the applicant has made application to the City of Orono for an after-the-fact conditional use permit to conduct land alteration activities and for fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-966, 78-967, 78-1247, 78-1283, and 78-1286(B) & 78-1286(D) to allow for the restoration of the lake slope. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File 10-3490. 2. The property is located in the LR— 1B, Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140 feet. Page 1 of 4 o , o CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��`�kEgII04�G NO. S .9 9 3. The Planning Commission reviewed this application at a public hearing held on November 15, 2010 and recommended approval of the conditional use permit based on the following findings: a. The lot is 0.31 acre in area and has 76 feet of width. b. The lot is provided with City sewer. c. The request for the conditional use permit is the direct result of a catastrophic failure of the lake slope. The conditional use permit is necessary in order to conduct land alteration activities to repair the slope failure and restore the slope. d. The applicant has submitted plans which have been deemed acceptable by the City engineer and the Minnehaha Creek Watershed District for the repair and restoration of the slope. e. The City understands that the work will progress from the slope toe upward, so that the exposure of the free-standing vertical cuts will be minimized. f. The applicant's plan indicates that site soil or "black dirt" will be used on top of the structural rock boulders on the hillside as topsoil. This is proposed to be protected with Verdyol Biotic Earth BFM, FRM, HGM hydromulch and seed. The slope would then be planted with 100 #2 sumac, 40 #2 grow low sumac, 130 #1 day lily, 50 #2 bush honeysuckle. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to conduct land alteration activities and for fill in excess of 500 cubic yards per Orono Municipal Zoning Code Sections 78-966, 78-967, 78-1247, Page 2 of 4 O O t CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL ns 0g�G NO. 59, 9 1 78-1283, and 78-1286(B) & 78-1286(D) to allow for the restoration of the lake slope, subject to the following conditions: 1. Council approval is based on the restoration plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The applicant shall provide a letter from Verdyol stating that the manufacturer understands the site conditions and that their product will function acceptably as proposed prior to the closing of the escrow account. 3. A general planting plan shall be submitted. This plan shall show a general planting pattern over an area. It shall provide enough detail to determine or state the density of the plants as proposed. This plan shall be submitted and approved by the City prior to the closing of the escrow account. 4. The Owner must retain a qualified third party to review actual site conditions and determine whether or not design parameters used are valid, as well as to observe the work throughout construction operations. The erosion protection of the slope directly affects the stability of the slope therefore proper erosion protection shall be used. Major work items must be documented as being or not being in conformance with the approved construction drawings. Similar to Special Inspections in the International Building Code, this service cannot be performed by the Contractor doing the work. Submittal of the inspection reports is required prior to the closing of the escrow account. 5. Hardcover shall not increase above 3,171 s.f. or 36.6% within the 75'-250' zone. Applicant is advised that any requests to increase hardcover beyond the allowable limits established in City Code Section 78-1288 shall require City approval, and will not likely be approved. 6. It is the City's expectation that the work will commence within six months of approval of this resolution in order to further protect the applicant's property as well as the adjacent properties. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a zoning permit for the land alteration within one year of the date of Council approval, or conditional use permit will expire on that date (November 22, 2011). Page 3 of 4 o.�,. 0 0 CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL SH0 NO. E 9 9 i 7. 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. 8. The undersigned applicant has read, understands and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. t�Ai�ed by the Orono City Council on the 22nd day of November 2010. I VF 1rk eJ !s M. White,Mayor d � r J.•p� Y �( ' �Pr perty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 201 by John F. Roedel, a single person. . Y MONICA A.FADNESS NOTARY PUBLIC-MINNESOTA _ MY COM ISSIon Expires Jan.31,2072 - /Poty Public Page 4 of 4 o.. ZONING FILE NO. 10— 3'qp EXHIBIT A RESOLUTION NO. Thal pall afzaf If B/ooh 92waMil-d 1111,7 IYDSP4PI� rhich AS s1911fhevs1ey of fhe oo1fhYesler/y /D.DD feel of saia'Zof Al fhallaarf afzof 45( SMV 9/191!15 ly&h As oo1hifesfe0v of fhe ' soathevsfe�y 1�OD feel afsoiv'hof vod A71,0171-1 offalw III-eel �/O * dacale'/Ay AIMMo fhe soafh-Vesleoy e.615101 of fhe saafhevsle�/he of fhe oarfhWsfe�P /D.DD feel 191 sai19'Zal.S vod fhe oorfhYesle*/he of fhe sovfheasfe* IDD feel afsaia'Lol GENERAL NOTES ECI ICAT ON . . gF�INAQE STdNE 5P F I. 1, THE SECTION SHOWN I5 A REPRESENTATIVE SLOPE' S- PIA' A:4° DIA CORRUGATED:RERFOR/CTED � DRAINAGE STONE 5WAL1, CONSISTF OF WING i° MINUS SECTION. qT•�IfyTILE N 5OCK AT TNB t-VAMONS AS,SHOWN: G'RU5HED STONE MEETING TWE FOLLOWING GRADATION: CONNECT D�A1�t1LE AN, OUTLET AT 40 FEET 0—AND SIEVE 918Es °Ic 4 7. APPAt19IMPE LIMITS OF EXI WAtON VARIES.*HkRt Lt1W pOiNTS AT THE:B E OF THE SLup t 100 SU ._ IS'IiE IIIRW AGTUppLt,,L�IMITS AN® SIDE SLOi'EI3 TO E DARED-BY Iiq TN RACTDR ANb TOH FIELD B. BOTTOM:bpUL0ER5 SHALL BE A MINII�LIM OF �F.T1' DEEP. Na— i00�i5 eONDMONS AN. OsHA REGUTAnbNr. AL1. f3 j► j BbUL6EITS A MINIMUM OF to,, DEEP: No.;4 D=tD THE� �BI3U BE pIJICFO..TO /�V0Ip 7. Ctr/1L 30LUTION5 (#ROUP SHALL No, 50 HOLD NO LIABILITY FOR DC1NTiN�1d 5 di i. t LtdaTl�s Ird YERTTCAI �fz IAT RSL. eONTRAT3TgR NEGLIGENT;E, LaW ..PERMEA6LE SPECIFICATION: DIRECTIONS„EACH BOULDER $HkL6 BFdSR ON TMd MORE,RCCFCS 9Ft OW R;:WTTN GOOD FLAT—fi[i FIAT g, rE SAFTEY FA07bR.FGF,T{ .BISHOP MtlFjIFiED MBTHGb DGgiNAGE 5?GIVE SHALL OONSIST OF CLEAN 1” MINUS CONTACT. GLOBAL ANALAS bp THE DESIGNED SLOPE I5.1.3. CRUSHED STONE MEETING THE FOLLOWINd GRADATION: 4, THE BOTTOM BOULDER EMBEDMENT SHALL BEAI Pa MINIMUM OF 1:0: � 1 100 ,3/4" 90-75 No. 4 1090 No4 200 D-60 FINISHED GRADE 12:00' EL 199,00 4.00' MAX '.LOW PERMEASLt SON,.. (HYDRIC SEtb WPM PROTScinO1V At PER CONTRACTOR AU � ! v 1;3 a �, ONSRE.:901L EXI§TING-6ROUNb .. Y.�. - PROFILE. s= (PPROXIMATE:LIMITS OF EXCAVATION CRUSHED STONE. pVC 6RAINITLE:W�§OPK OUTLET i3 Y'HRU FAdE OF` WALL 6 40' 04. (TYP.) EL n i 88.00 5.00' . . 4,DO'. r1:D0` 4.00' 4:OC1' mriaamrt(al�n ersrvu,saw�us mmm;tic. ... .. .. .. ... rAp CIVIL 80LtlTION� GROUP; LLC "m ''"� "�'""" cati 4726 NORTH sHoRE DRIVE "°° 6��b .. P1OI°ar 46216 ed"bpm Livarme M" .. OR No mN - am ttnvlsloRs.p rr= burs .. 4e°°REgSI0N5 d.TY'. 1ERB' Iib =Lq 1as66 ° PHONE j952) 94=4755 FAX: (e$2) 294-?4595 n t>cr ro TYPICAL SLOPE SECTION 9 ed°Z JJ (J INFO(�1G&CMN=GQM _ ...., ,... _ < _ 7G ( 51 V m 9 ! 9 _ s ov ,� a ss m _ _ N r IL 0ff � ` V mi acv$ IR,ti- Q W fJ my �_: y„NN a= vo m d a 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 November 22,2010, 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 24th day of November , 2010. ` .AnKM iY'aa u�ar u 'e'4a ,IU.� rpo- City Clerk ./.seal ' yF