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a q ' e , • <br /> :.. . d Cit o� ORONO <br /> _ 3' <br /> • V4 � RESOLUTION OF THE CITY COUNCIL <br /> _`,,, i ��" N O. 2 413 <br /> • � • • <br /> A RESOLUTION REVISING <br /> THE CONDITIONS OF APPROVAL <br /> OF RESOLDTION �2305 <br /> FILE #1211 . . <br /> WHEREAS, Cheyenne Land Company is the owner of the property <br /> located at 1335 Orono Oaks Drive within the City of Orono (hereinafter <br /> "City") and legally described as Lot 8, Block l, Orono Oaks, Hennepin <br /> County, Minnesota; and James and Judy McCaffrey (hereinafter "the � <br /> applicants") are the owners of the property located at 1225 Orono Oaks <br /> Drive within the City of Orono legally described as Lot 7, Block l, <br /> Orono Oaks, Hennepin County, Minnesota; and <br /> WHEREAS, the owner and the applicants were granted a <br /> variance to Municipal Zoning Code Section 10.55, Subd. 8 and granted a <br /> conditional use permit per Section 10.55, Subd. 10 (B) per Resolution <br /> #2305 of the City Council dated November 23, 1987, to allow fill and <br /> grading within a designated wetland area where such construction is <br /> not normally allowed, in order to construct a private residential <br /> • driveway; and <br /> WHEREAS , puxsuant to the conditions of approval of <br /> ' Resolution #2305 the applicants contractor obtairied the necessary <br /> grading permit and commenced construction of the approved driveway. <br /> through the wetland; and <br /> WHEREAS, due to soil conditions at the site of the approved <br /> driveway, construction of that driveway was halted by the contractor <br /> prior to completion, because it was determined that successful <br /> completion of that driveway would not be technically or economically <br /> feasible; and <br /> WHEREAS, on April 8, 1988 the applicants submitted a formal <br /> request to the City to allow the construction of a driveway in a <br /> revised location, requiring an easement through Lot 8, Block l, Orono <br /> Oaks (1335 Orono Oaks Drive); and <br /> WHEREAS, the Council finds that the majority of the proposed <br /> driveway will be located 26' or more from the wetland on Lots 7 & 8 , <br /> except for a portion of approximately 100' in length which is less <br /> than 26' from the edge of the wetland but not within the wetland. The <br /> Council further finds that the proposed driveway will cross a <br /> designated drainageway which can be feasibly crossed in conjunction <br /> with the use of a 24" culvert, which will result in no impediment to <br /> current or expected flows through that drainageway; and <br /> • WHEREAS, the Council finds that the proposed driveway <br /> easement through Lot 8 will have no effect on potential future <br /> drainfield sites within Lot 8; and <br /> Page 1 of 5 <br />