02-015 RESRESOLUTION 02 - 15
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING VARIANCE AND IMPOSING CONDITIONS
WHEREAS, the owner of the property legally identified as Lot 2, Block 2,
Brentwood, County of Sherburne, State of Minnesota, has made application for a variance to
allow a slope greater than 3:1 without a retaining wall; and
WHEREAS, the City Council has determined that approval of the requested
variance is appropriate, but only if the owner of the property can successfully establish and
maintain sufficient vegetation on the slope to prevent erosion from the slope onto adjacent
properties;
NOW, THEREFORE, the application for a variance is granted, subject to the
following conditions:
Applicant shall, during the 2002 growing season, establish sufficient
vegetation on the slope to prevent any erosion from the slope.
City staff shall inspect the property on or before June 30, 2003 to
determine whether the property owner has successfully established
sufficient vegetation to prevent erosion.
If City staff determines that sufficient vegetation has been established
to prevent erosion, no further action shall be required of the property
owner during 2003. However, City staff may periodically inspect the
slope through December 31, 2007 to ensure that the vegetation is
being maintained and remains effective in preventing erosion. If a
future inspection reveals that the slope is eroding, then the retaining
walls required by this Resolution shall be installed within 60 days as
provided herein.
If City staff determines that the slope has not been successfully
vegetated, and either is eroding or is susceptible to erosion, notice
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shall be sent to the property owner advising the property owner of
this fact and ordering that the retaining walls required by this
resolution be installed within 60 days.
If City staff sends said notice to the property owner, the property
owner shall install one or more retaining walls which shall restore all
slopes on the property to no greater than 3:1 within 60 days. Prior to
the installation of said retaining walls, a detailed plan for the walls
shall be submitted and approved by the City's Department of
Inspections.
Failure of the property owner to install the required retaining walls as
directed by City staff shall constitute a violation of the conditions of
this resolution granting a variance and a violation of the City's Code
of Ordinances. City staff shall prosecute such violation as provided
by the City Code of Ordinances until such time as the required
retaining walls are installed and approved by the City Department of
Inspections.
This resolution shall have no force or effect unless and until the
property owner has indicated his consent to these conditions by
signing this resolution where provided below.
This Resolution adopted this 11~h day of March, 2002.
Steph~ie Kli~nzing, M_a,~ {
ffandra Peine, City Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF ELK RIVER)
On this //'/J~day of/~',>~..~c ~? ,2002, before me, a Nota~ Public
within and for said County, personally appeared Stephanie Klinzing and Sandra
Peine, to me personally known, who, being by me duly sworn did say that they are
respectively the Mayor and City Clerk of the City of Elk River, the municipal
corporation named in the foregoing instrument, and that said instrument is the free
act and deed of said municipal corporation.
Notary Public ~/7~ ~ ~.~
County, ~g~~
My commission expires: /~-~/-~-
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The owner of the property identified herein, Michael ~ Jones, hereby agrees to the
conditions set forth in this resolution granting a variance, and hereby grants to the
City of Elk River permission to enter upon the property to inspect the slope to
determine whether the conditions set forth herein are being met.
STATE OF MINNESOTA )
)
COUNTY OF ELK RIVER)
SS.
On this 7 day of ,V'qTag,~'"' ,2002, before me, a Notary Public
within '--
and for sa~d County, personallffippeared Michael__. Jones, to me known to
be the person described in and who executed the foregoing instrument and
acknowledged that he executed the same as his free act and deed.
Nota~ Public ~)'5'~;[~-(
County, '~L~- -/~
My commission expires:
Drafted by:
Peter K. Beck, Elk River City Attorney
Gray, Plant, Mooty, Mooty & Bennett, P.A.
3400 City Center
33 South Sixth Street
Minneapolis, MN 55402
GP:872566 vl
S:\PLANNING\Case FileskV 01-08 Jones\Approval Resolution 4 29 02.doc