HomeMy WebLinkAbout#2305-variance/CUP-1987 Al �r Y,s M
City of ORONO
3w; r� RESOLUTION OF THE CITY COUNCIL
CIT , NO. 2305
ORONO
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8 AND
GRANTING A CONDITIONAL USE PERMIT PER
SECTION 10.55, SUBDIVISION 10(B)
FILE #1211
WHEREAS, Gerald Neslund (hereinafter "the applicant") is the
owner of the property located at 1225 Orono Oaks Drive within the City of
Orono (hereinafter "City") and legally described as follows:
Lot 7, Block 1, Orono Oaks, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has made application to the City of Orono
to permit the construction of a residential driveway through a designated
wetland area within the property, requiring excavation, fill and grading
within a designated wetland area where such construction is not normally
allowed per Zoning Code Section 10.55, Subdivision 8, unless a conditional
use permit is granted per Section 10.55, Subdivision 10 (B).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1211.
2 . The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The property is approximately 4.2 acres in total area of which
approximately 0.33 acres was designated as protected wetland area as
part of the subdivision of Orono Oaks in 1978. The dry buildable area
within Lot 7 under the current apparent wetland conditions is at least
2.08 acres.
4. The Orono Planning Commission reviewed this application on October
19, 1987 and recommended approval of the proposed variance and
conditional use permit based on the following findings:
a) The area of the property that contains actual wetland appears
currently to extend beyond the boundaries of the wetland easement
granted with the original subdivision.
Page 1 of 5
City of ORONO
CITY r RESOLUTION OF THE CITY COUNCIL
NO. 2305
tom
ORONO
b) Applicant proposes to construct the shortest possible driveway
between the cul-de-sac and the dry land area of the property in
order to minimize the area of actual wetland disrupted by
driveway.
c) In order to construct a driveway as originally intended on the
property along the northerly lot boundary between Lots 6 and 7, a
greater area of actual wetland would be disrupted than by
construction under the current proposal.
d) The applicant has a right to have access to the property, and
since noaccess easement exists to serve Lot 7 via any
neighboring property, the variance is necessary to preserve a
substantial property right of the applicant.
e) The apparently variable nature of this wetland and the
elevation and size of the existing culvert and drainageway
leading away from the wetland, coupled with a variability in
topography and vegetation types would suggest that the wetland
boundary is not easily definable. The Planning Commission
recommended on a 4-2 vote that the City not require a total
redefinition of the wetland at this time.
5. Further staff review indicates that an additional area of drainage
from the south side of the Luce Line enters this property, hence it is
appropriate to require the granting of Drainage and Conservation &
Flowage Easements over an additional area of the property. Given the
outlet elevations to the north of this wetland, it is unlikely that
the wetland boundary would ever be greater or higher than the 952'
contour. It is therefore appropriate that all areas below the 952'
contour within the property boundaries be designated as protected
wetlands through a Conservation & Flowage Easement.
6. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in th$.s zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other dangelr to neighboring properties; would not merely serve as a+
convenience to the applicant, but is necessary to alleviate a
demonstrable lhardship 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.
Page 2 of 5
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2305
O,RoNO
7. The City Council finds that granting a conditional use permit to
allow the construction of a driveway through the designated wetland
will not be detrimental to the health, safety or general welfare of
the public, would not adversely affect light, air nor pose a fire
hazard or other danger to neighboring properties, nor will it
depreciate surrounding property values and that the proposed level of
use of the property 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 findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section 10.55,
Subdivision 8 to allow construction of a driveway through a designated
wetland area and grants a conditional use permit per Section 10.55,
Subdivision 10 (B) for the excavation, filling, and grading necessary to
construct such a driveway through the wetland, subject to the following
conditions:
1. The culvert underneath the driveway shall be 24 inches in
diameter.
2. The applicant is advised to contact Minnehaha Creek Watershed
District to obtain the permits that they will require for this work.
3. The proposed driveway shall be no wider than 14 feet at the driving
surface, with 3 foot shoulders on each side in addition to that 14
feet, and shall maintain 3:1 side slopes as proposed by the designer.
The total width of the driveway taken up by the driveway and fill
shall average no more than 35 feet.
4. A Flowage & Conservation Easement shall be granted within the
property boundaries below the 952' contour. Applicant's surveyor
shall provide a metes and bounds legal description for the boundaries
of that wetland to be designated.
5. In the event that the driveway is constructed in conjunction with
an actual building permit application for a residence on the property,
no grading permit shall be required. In the event that driveway
construction occurs prior to application for a building permit on the
property a grading and excavation permit shall be obtained by the
applicant or his grading contractor prior to such construction.
Construction of the driveway shall be subject to City inspection and
approval.
Page 3 of 5
City of ORONO
rxl RESOLUTION OF THE CITY COUNCIL
�k ,5 NO. 2305
,ORONO
6. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be exercised by
application for a building permit or grading permit within one year of
the date of Council approval, or the special conditions of this
resolution will expire on that date (November 23, 1988).
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, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his heirs,
successors and assigns, hereby agrees to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 23rd day of November,
1987.
ATT •T:
/ / prO' I /
In, 1 . 01 ,,,„
Jo othy ailin, City Clerk Ja es R. , Mayor
;OK A7
' ./eariarsidgralE _e,` n u t
Propert Owner(s)
Page 4 of 5
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�¢^y�Yt. L'''..V.: RESOLUTION OF THE CITY COUNCIL
46 J y•P1
ax..k Clr .. NO. 2305
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;OROt 4'
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 198_
before me a Notary Public within and for said
ount ,to spersonallyo by
appeared
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
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this /LT" day of lede,>1.-4.1/1-- , 198_, before me
a Nota y Public wit n and fo said County, personally appeared
C-�err,J Mess c9 c4 to. L. Ne u r d known to me to 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.
' ') ALL/Z./Ai .
NOTA Y UBLIC
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`�
t MY COMMISSION EXPIRES
-"s:U s Page 5 of 5
FLOWAGE AND CONSERVATION EASEMENT
AND WAIVER OF DAMAGES
THIS INDENTURE, made and entered into this 15th day of December 1987, by
and between Gerald D. Neslund and Diane L. Neslund, Husband and Wife, and their
heirs, assigns, and successors (hereinafter collectively referred to as the
Grantors) and the City of Orono, its successors and assigns, a municipal
corporation under the laws of the State of Minnesota (hereinafter referred to
as the Grantee).
WITNESSETH, Grantors, for and in consideration of the sum of One Dollar
($1.00) and other valuable consideration, hereby covenant, grant, gift, quit
claim and convey to grantee the right to restrict and Grantors agree to limit
and preclude the use, improvement and development, under the conditions and
covenants herein contained, the following described Land in the County of
Hennepin and State of Minnesota:
That part of Lot 7, Block 1, ORONO OAKS, according to the recorded plat
thereof, lying northerly of the following described line:
Commencing at the most easterly corner of said Lot 7; thence on an
assumed bearing of North 21 degrees 59 minutes 53 seconds West, along
a northeasterly line of said Lot 7, a distance of 40.00 feet to the
point of beginning of the line to be described; thence South 68
degrees 00 minutes 07 seconds West 180.00 feet; thence North 72
degrees 30 minutes 00 seconds West 174.00 feet; thence South 88
degrees 36 minutes 17 seconds West 197.02 feet to a northwesterly line
of said Lot 7 and there terminating.
as follows:
1. Grantors hereby covenant and agree:
A. No structures shall be constructed, erected, or placed upon,
above, or beneath the Land including without limitation, fences,
fireplaces, steps, docks, piers, hardcover or roads of any nature
whatsoever or any other structure or improvement inconsistent with
the natural state of the Land.
B. No trees, shrubs or other vegetation shall be destroyed, cut or
removed from the Land except as authorized by written consent of
Grantee.
C. No earth, loam, peat, gravel, soil or any other natural material
or substance shall be moved or removed from the Land and there shall
be no dredging or excavation of any nature whatsoever or any change of
the topography of the Land without the written consent of Grantee.
D. No soil, sand, gravel or other substance or material as landfill
shall be placed, dumped or stored upon the Land and no waste, trash or
garbage shall be placed, dumped or stored upon the Land.
,
E. No use shall be made of the Land except uses, if any, which will
not change or alter the natural condition of the Land, and no use
which would tend to change the drainage, flood control, water
conservation, erosion control, soil conservation, fish and wildlife
habitat characteristics shall be made of the Land or the water
situated thereon.
F. Grantee may enter upon the Land for the purposes of inspection nd
enforcement of the covenants contained herein and to cause to be
removed from the Land without any liability any structures, uses,
materials, substances, or unnatural matter inconsistent with the
covenants contained herein and the natural state of the Land.
2. Grantors hereby grant, give, quit claim any convey to Grantee, a
perpetual flowage easement and right and privilege to trespass with water
over and upon any or all of the Land.
3. Grantors herein do hereby remiss, release, acquit and forever
discharge, forever, the Grantee any and all of its officers and employees
of and from any and 11 claims, demands or causes of action of any kind of
nature whatsoever which may arise or accrue by virtue of any flowage or
trespass with water within terms of these agreements.
In addition to any other remedy the Grantee may have, the covenants and
restrictions contained herein may be enforced injunction.
Grantors do not, intend that the public should have any interest in the
above land by virtue of this indenture or otherwise, except as hereinabove set
forth.
The Grantors herein certify that the Land herein described are free and
clear of all encumbrances except: NONE
All provisions hereof shall run with the Land and shall extend to and bind
the heirs, successors, representatives, grantees or assigns of the spective
parties hereto.
/i
y / ALagigisifiggay
Gerald D. Nes and
/0
Diane L. Neslund
4Rcto N a
STATE OF 444NErzet,A )
1..(ao✓t co PA-) ss.
COUNTY OF CP )
On this / day of _ 19 S1before me a Notary Public within
and for said County and State, personally appeared Gerald D. Neslund and Diane'j.
L. Neslund, Husband and Wife, known to me to be the persons described ir�.��afl *• F,,.
who executed the foregoing instrument, and acknowledged that they exeputeti t`h c• , •r.,
same as their free act and deed.\G)) 4 's '• •' ''• < -
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NOTARY Pt7BL
A-/-7- 0 . • , J v ��
MY COMM:ESSION EXPIRESy
This instrument was drafted by:
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LTD.
4344 IDS Center, Minneapolis, MN 55402
(612) 335-9331