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Home My WebLink About#3429-renewal of V/CUP-1994 e4‘1 °.-410 CITY of ORONO ;: � , RESOLUTION OF THE CITY COUNCIL a t NO. 3429 ikesBog' A RESOLUTION GRANTING RENEWAL OF A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND GRANTING RENEWAL OF A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 10 (B) FILE NO. 1918 WHEREAS, James K. Daniels and Julie Ann Lynch/Daniels (hereinafter "the applicants") are the owners 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 applicants have made application to the City of Orono for renewal of a variance and conditional use permit previously granted via Resolutions No. 2305 and 2413 to permit the construction of a residential driveway within 26' of a designated wetland area within the property, requiring excavation, fill and grading within the 26' wetland setback zone 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 #1918. 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 .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 (below elevation 952.0) is at least 2.08 acres. 4. Approval for a direct crossing of the wetland was initially granted via Resolution No. 2305 on November 23, 1987. The property owners at that time attempted Page 1 of 5 Form 5005 Disk . . (4-'7O CITY of ORONO Ilii*4.,:- , RESOLUTION OF THE CITY COUNCIL �, NO. 3429 4`�k'EsBo¢� to construct a driveway through the wetland but due to soil conditions at the site of that approved driveway, construction was halted prior to completion because it was determined that successful completion of that driveway would not be technically or economically feasible. 5. On April 8, 1988, the then property owner submitted a formal request to the City to allow construction of a driveway in a revised location, requiring an easement through Lot 8, Block 1, Orono Oaks (1335 Orono Oaks Drive) which easement has been recorded as Document No. 1934617. 6. The Council at that time found that the majority of the proposed driveway would be located 26' or more from the wetland on Lots 7 and 8 except for a portion of approximately 100' in length which is less than 26' from the edge of the wetland but not within the wetland. The Council further found that the proposed driveway will cross a designated drainageway which could be feasibly crossed in conjunction with the use of a 24" culvert, which would result in no impediment to current or expected flows through that drainageway. 7. The Council granted approval for such wetland setback encroachment and drainageway crossing per Resolution No. 2413 adopted on April 25, 1988. 8. The then property owners commenced construction of such driveway but failed to complete construction of the driveway and abandoned the project. 9. The applicants have purchased the property for construction of a new residence and request approval to finish construction of the driveway and drainageway crossing in order to construct a residence on the property. 10. A revised wetland Conservation and Flowage Easement was granted in 1987 per Document No. 1896945. 11. The Orono Planning Commission reviewed this application on May 16, 1994 and recommended approval, finding that the driveway completion will require no additional wetland encroachment past the existing partially completed driveway boundaries, and finding that, as documented in prior City Council resolution, there is likely no other feasible method of accessing the property. Page 2 of 5 Form 5005 0: 1%, O CITY of ORONO O , O � � RESOLUTION OF THE CITY COUNCIL 4ikESHog� • 12. The 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship 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. 13. The City Council finds that granting a conditional use permit to allow the construction of a driveway encroaching within 26' of this 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 approves renewal of variances and conditional use permit granted via Resolution No. 2413 to construct a driveway within 26' of a designated wetland where no grading or filling is normally allowed, subject to the following conditions: 1. Construction of the driveway shall not be recommenced until applicant or his contractor obtains a land alteration permit from the City. Such land alteration permit shall be in addition to the building permit for a new residence which is anticipated to be issued shortly. 2. The proposed driveway shall be constructed per the site plan attached to this resolution as Exhibit A. 3. The culvert at the drainageway crossing under the driveway shall be 24" in diameter. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only. Driveway construction must be commenced within one Page 3 of 5 Form 5005 0: 0# ' O CITY of ORONO �It' *,- RESOLUTION OF THE CITY COUNCIL p :ii..... ,, ::), NO. 3429 year of the date of Council approval, or the special conditions of this resolution will expire on that date (May 23, 1995). 5. 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. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree 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 May, 1994. AT I:ST: L / / / 'i .41 'i Dorothy M. • • in, City Cl- Edward J. Call.- an, r., Mayor / - diILIIM1110- ames K. Daniels Julie A I ;i-D. is Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of May, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ,..."4., ,1 /...ei2 LINDA S. VEE r NOTAPY PUBLIC - MINNESOTA Notary blic 1-iF!i`VIN COUNTY My cc,---,:.-,cn expires 8-12-96 ..........~^..--•,..~... --.-.-..2 Page 4 of 5 Com 5005 C_ C(--)V‘: ---- 0":,) O CITY of ORONO `", RESOLUTION OF THE CITY COUNCIL ti'. ‘1 ,,C? :.-'- NO. 3429 X4 •.) Og+O E8II STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this Q. iy` ' day of , 199 4 before me a Notary , Public within and for said county,personally ap are X DaM.-4o4. e 6.0 known to me to b person(s) described ' nd who exe ted the foregoing instnt, and acknowledged that he (they) executed the same as his (their) free act and deed. r.------_,-.._-_„-_-_,-...,,--...,..,--_-_-- -...< . ),-6417-,t- JAMIE L BOSMA N Y PUBLIC •! NOTARY PUBLIC-MINNESOTA • `. HENNEPIN COUNTY 1 � _Lt. • 1 My Comm.Expires 12-19-97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county,personally appeared 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. NOTARY PUBLIC Page5of5 Fpm 5005 Ois4 11 F I itlis it vI vi =t, N r Q 6t 11 i � �� 1 Z Q iIt, tis; Z woo b. k� CC > � �� g�;e �jo t 1 U7 O Z '��e *- �` 0;7. j LL. U •0 0 W 11, -%- ;; in I- m w '-- 1 � t ,II! t5 • 112 �� 1 •:u( ss1 t,: O l_ $\ / ^// p /'' li Mb i / G \l// \Ay 8/ i ? / I \ `\ c • a / frI I I \ C t R W — / o 0 8 / ip / ` � - / Pi.: tEp "\ I C- \ Gam .i°at rLLtlON ,t lc, I g91 \ W r 1 1 \ I_ - --- r~� ,, •: zz� �'\ I1 7 1 \I I -:.D 7 .r-'t'1.. :E( 1 .at \ 1 C \ ao _ 1 , (r) -, '5..„ ,,, ( 0 , 1 1 _I 11 OG 11 F� 4) 7 aI ——" \ v1 \ -)J4 `\ `\ c l 11 0 i �Y Ni,q� / \.________ :6 - � i :. •I e r ¢ 1rfIn7SV3 I I .a /4e i' 39vruvaa i -1(._1/ ,.- , , r \ I / Sou t-noN No. 3429