07-28-2003 Council Packet - Laserfiche WebLink

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I t 5.The City Council finds that the conditions existing on this property are peculiar to it and in some respects do not apply generally to other property in this zoning district; that granting the variance to allow retaining wall construction on the house side of the road would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; that the retaining walls on the house side of the road would not merely serve as a convenience to the applicant but are necessary to alleviate a demonstrable hardship or difficulty, and are necessary to preserve a substantial property right of the applicant; and such approval would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6.The City Council took action on July 14,2003 to deny the after-the-fact variance for the retaining walls on the lake side of the road and approve a variance for the walls on the house side of the road, and directed Staff to draft a resolution documenting such action for adoption on July 28,2003. CONCLUSION, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies a variance to Orono Municipal Zoning Code Secti jnslO.22 Subd. 2,10.55 Subd. 8, and 10.56 Subd. 16(L) to allow th: construction of retaining walls on the lake side of Fagemess Point Road, located within 75' of the shore of Lake Minnetonka, where no structures or hardcover are normally allowed; and approves a variance to Orono Municipal Zoning Code Sections 10.22 Subd. 2,10.55 Subd. 8, and 10.56 Subd. 16(L) to allow the construction of retaining walls on the house side of Fagemess Point Road, located within 75' of the shore of Lake Minnetonka, where no structures or hardcover are normally allowed, subject to the following conditions: 1.The retaining walls already constructed on the south side of the road shall be removed and the yard areas disturbed shall be regraded to a stable, maintainable slope and revegetated. 2.Applicant shall apply for and obtain a building permit if applicant chooses to retain or construct a stairway of maximum 4' w’idth to accommodate pedestrian access to the lakeshore on the south side of the road, as allowed by City Code. Such permit may include up to 10 cubic yards of topsoil fill for spreading in the disturbed areas to assist in the revegetation required in condition 1. Page 3 of 6