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Home My WebLink About#5658-CUP-2007 , 110 11111 11E111 1111 , Doc No 4464905 01/28/2008 12:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 370522 Deputy 55 New cert Cert Fees 1181691 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total //e/ 9/ -- A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-967 FILE NO. 07-3307 , . . , 0(3.1/1 .' =Art, CITY of ORONO 1.L �; l��,, �G~t4 RESOLUTION OFT E CITY COUNCIL 9kESA04`' NO. 6 5 b A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-967 FILE NO. 07-3307 WHEREAS, Dean C. Leischow and Kelly C. Leischow, husband and wife (hereinafter "the Applicants") are the owners of the property located at 1200 Old Crystal Bay Road South within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Breckenridge,Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, during the construction of the Applicants' new residence a large retention pond was excavated on the property. During an inspection of the new home, Orono's building inspector noted that the size of the pond and amount of associated grading exceeded the size and amounts approved with the building permit for the new home. The building inspector issued a "stop work" notice and instructed the Applicants to reduce the size of the pond or contact Planning Staff; and WHEREAS, the Applicants have made application to the City of Orono for an after-the-fact conditional use permit per Orono Municipal Zoning Code Section 78-967 to allow grading and continued construction of the larger sized pond located on the Property in excess of 500 cubic yards. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 07-3307. 2. The Property is located in the RR — 1B, Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. The applicants' Property is 2.57 acres and 294 feet in width. Page 1 of 5 1.0, 0.4 ) ‘.' _= „_ CITY of ORONO a „,, l{';,\i"01, , ' ��ti� Ik��; �M .�Gs RESOLUTION OF THE CITY COUNCIL `�xEsKo�`' No. 5 6 5 8 3. The Planning Commission reviewed this application at a public hearing held on August 20, 2007 and recommended approval of the conditional use permit on their Consent Agenda based on the following findings: a. The Applicants have demonstrated compliance with City Engineer's recommendations regarding size and safety measures for the pond. The Applicants intend to utilize water from the pond to irrigate their lawn. b. The pond as proposed will have no negative affect on the adjacent properties. c. The Property exceeds the 2.0 acre minimum lot area requirement. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. 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; that granting the conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-967 to allow grading in excess of 500 cubic yards for the construction of a stormwater retention pond located on the Property, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5 C:‘ ('70 0 , 3 _ CITY of ORONO 1%+ il.�A t . G� RESOLUTION OF TH ITY COUNCIL ,t r :� .� 5�� 5 8 `�kESg04' NO. amendments to the site plan which are not in conformity with City codes or this approval will require further Planning Commission and City Council review. 2. Prior to the issuance of a final Certificate of Occupancy, the Applicants shall submit an "as-built" survey reflecting compliance with all of the zoning district requirements as well as City Engineer's recommendations including but not limited to the following: a. The submittal included an as-built survey dated 7-16-07. The contours shown along the lot lines on the 7-11-07 design plans do not match the submitted as-built plan. Generally, the proposed contours are higher than the as-built contours generating a concern of the need to create steeper than allowed slopes or grade across lot lines. This needs to be resolved. b. The design plans show 2:1 slopes on the downhill side of the pond. These grades must be modified to 3:1. c. The design plans should show contours below the 10:1 bench showing the overall depth of the pond. d. The grading plan must be revised such that no grading occurs within five feet from property boundaries. 3. Authorities granted by this resolution run with the Property not with the applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the conditional use permit will expire on that date(September 10, 2008). 4. 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. 5. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Page 3 of 5 " , . , , . . , .. 1*0 °4-47- .i CITY of ORONO 1, Ijk S� ,�, �iR•C.)4;4- 41 R ESOLUTION OFT E�I Y COUNCIL 9kestiO- NO. Adopted by the Orono City Council on the 10th day of September,2007. ATTEST: L .,J 6D 1, i. b./' - Linda S. Vee, City Clerk 0 es M. White, Mayor 1 i'WWF. tt/ Prope er(s) Page 4 of 5 . A r a I r r a* CI\ O - ,� CITY of ORONO `Skt t &*�G RESOLUTION OF THE CITY COUNCIL 44-ES1104w No. 5658 • STATE OF MINNESOTA COUNTY OF HENNEPIN Gr This instrument was acknowledged before me this day o MLA c-i y, 200 by Dean C. Leischow, husband of Kelly C. Leischow. ' ' RACHEL DODGE ti LICO 1)09.(ge--- NOTARY PUBLIC-MINNESOTA 47L-;,"" My Commission Expires Jan.31,2010 Notary Public ./l./../'../.r/./!.!.✓'lull—/l—/,/lllJlI✓�1� STATE OF MINNESOTA COUNTY OF HENNEPIN /] ' This instrument was acknowledged before me this% day of - ,, 20K by Kelly C. Leischow, wife of Dean C. Leischow. II RACHEL DODGE k i9Of),(SX,___ o NOTARY PUBLIC-MINNESOTA :al. My Commission Expires Jan.31,2010 Notary Public Page 5 of 5 MIMII . • . . VP , 31110 T- ..''''':' PK' ._•:(.;.-11 ... —=;+1 : MMILISOM12-1103 --?-".1''1),`;a73/704-.7...-2-1 '3M 1103.30-1011 19111e-MI . IHNIM1111 ''. ,• P \ it' l; ___-....______• ...______._.___________ ._________.-. _______ _____. 5 6 8 (:::::1 • : 1 . .., i . . .,. . ./ , - . A -- „ , ,,-----------„ r \ , I i \, I . _. . ----- ---------r-----N,, . . .. '''-‘,. ' - .„ . , \ \ , I .. , ,...„ , • , , ) )• .• . • \---\ , .. , ....,.„ I . -,-.._•-\ ,r ,r1, ', . . ,...• ....,. , ,..,1„, • _. .0 ;-.1\, . `'.z .-- , . ,-.; 1 ,• f - . , \ ./- . / .... . 7 -_ ___ -...,, . --.. ..___ -....., .. . __-------...-- 4 7-.' • . • \II / .— • '' V . k .=, 1 e ao. •—__ .._ \ Vit l' t \ .• t 1,-- 2 1 1110 -, \ tbq!Li 1, \‘,\ ---. • . . ,. • • • , -,=> = et ,•:' '- --_ -. '_ --- ------' t ft, z •,+- -—-__--7----——. - . ;:k ' \ . • , . . •____—._---------------- , :.•"'. --,7— .\7----_—--------• •• iii‘ • . 4 . —f -,4§ . • IS Z . ....ii t '4-- _. ----"" • / 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 September 10, 2007, 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 12th day of September , 2007. �¢-401),� " r ,y� aix�y F ,, g 4, tK City lerk ,6�'. , "(se0l)`= 6 ' a;V; `fig j.,' ' r ` 7 n gT �' t,:,!: 41,',/,:;,,,,N4 , s-ink