HomeMy WebLinkAboutRe: notice of council action CIT'Y OF ORONO ZONING FILE: #OS-3113
2750 Kelley Parkway
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay, MN 55323
(952) 249-4600 DATE OF NOTICE: July 26, 2005
-----------------------------------------------------------------------------------
TO: Dennis &Amanda Walsh COPIES: Terry Sanders
1354 Rest Point Circle Natural Environments, Corp.
Mound, MN 55364 6098 Olsen Memorial Hwy
Golden Valley,MN 55422
--------------------------------------------------------------
TYPE OF APPLICATION: CUP for 0-75' Land Alterations
-----------------------------------------------------------------------------------
DATE OF MEETING: July 25, 2005 VOTE: 5 FOR 0 AGAINST
Motion: To approve per the findings and conditions of the resolution previously mailed
to you.
Please arrange to sign the 3 original resolution copies at the City Offices (Monday
through Thursday 7:30am to S:OOpm and Friday 7:30am to 11:30am). All persons
witb interest in the property must sign the resolutions.
Conditional use approval is subject to the conditions of the approval resolution. In the
case of projects requiring a construction permit or other work permit, such permit must
be applied for within one year of the date of conditional use approval or that approval
will expire.
If you desire certified copies of the official Council minutes, they are available from the
City Clerk after review and approval by the City Council.
Date Application Received: 420-OS
Date Application Considered as Complete: 5-23-OS
60-Day Review Period Expires: 7-22-OS extended to 9-20-OS
REQUEST FOR COUNCIL ACTION
Date: July 21,2005
Item No.:
Department Approval: Administrator Approval: Agenda Section:
Zoning
Name: Janice Gundlach�
Title: City Planner
Item Description: #OS-3113, Dennis&Amanda Walsh, 1354 Rest Point Circle,
Conditional Use Permit for Bluff Restoration/Preservation
Zoning District: LR— 1B, One Family Lakeshore Residential District(1 acre minimum)
Lot Area: 0.72 acres (31,200 s.f.)
Lot Width: 124' @ shoreline; 121' @ 75' setback(140' required)
List of Exhibits
A—Resolution
B—Notice of Council Action dated 7-12-OS
C—Council Memo &Exhibits of 7-7-OS
Application Summary: Applicant requests a conditional use permit in order to conduct land
alterations within 75' of the shoreline consisting of a bluff restoration/preservation plan due to
clear-cutting. This application is necessary in part to correct a violation of Section 78-1285 (b) of
the Zoning Code and because of a condition placed on a hardcover variance approval noted in
Resolution#5259 approved in December of 2004.
Planning Commission Recommendation
The Planning Commission voted 5-1 to approve the concept of re-vegetating the bluff area without
implementation of a new stair access pending submittal of a detailed "planting plan" for City
Engineer review and approval,prior to Council review.
The applicant has submitted a planting plan for City Engineer review. The memo attached as
E�ibit B outlines the recommendations of the City Engineer.
Council Action of July 11
Council reviewed the grading plan and directed staff to draft a resolution requiring compliance with
the City Engineer recommendations.
Staff Recommendation
Approve a plan implementing the City Engineer recommendation.
COUNCIL ACTION REQUESTED
Adopt the attached Resolution which grants a conditional use permit to conduct land alterations
within 75' of the lake for 1354 Rest Point Circle.
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 78-1286
FILE NO. OS-3133
WHEREAS, Dennis S. Walsh and Amanda L. Walsh, husband and wife
(hereinafter "the applicants") are the owners of the property located at 1354 Rest Point
Circle within the City of Orono (hereinafter the "City")and legally described as follows:
Lot 13, REST POINT PARK and Lot 11, SUBD OF Lot 14, REST POINT
PARK,Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a conditional use permit per Orono Municipal Zoning Code Section 78-1286 to allow
land alterations within 75' of the 929.4' elevation of Lake Minnetonka consisting of re-
vegetating the existing bluff area.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File OS-3113.
2. The property is located in the LR — 1 B, Zoning District which requires a
minimum lot area of 1.0 acres and a minimum lot width of 140' at the
shoreline and 75' lake setback.
3. The Planning Commission reviewed this application at a public hearing
held on June 20, 2005 and recommended approval of the concept of re-
vegetating the bluff based on the following findings:
a. A detailed plarrting plan would be submitted prior to City Council
approval of the application.
Page 1 of 5
b. The proposed stair access would no longer be part of the proposal.
c. The project would no longer require a structural review whereby no
longer requiring engineering.
4. The City Council finds that submission of a revised plan incorporating the
City Engineer recommendations is acceptable.
5. The City Council has considered this application including the findings
and recommendation of the Pla.nning Commission, reports by City staff,
comments by the applicant and the public, and the effect of the proposed
conditional use permit on the health, safety and welfare of the community.
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 this zoning
district; that granting the conditional use permit would not adversely affect
traffic conditions, light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a convenience to the
applicant, but is necessary to alleviate a demonstrable hazdship 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit per Orono Municipal Zoning Code Section 78-1286 to
allow land alterations within 75' of the 929.4' elevation of Lake Minnetonka consisting
of re-vegetating the existing bluff area, subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant and
annotated by City staff, attached to this Resolution as E�ibits A1 — A2. Any
amendments to the site plan which are not in conformity with City codes will
require further Planning Commission and City Council review.
2. A revised plan must be submitted implementing the recommendations of the City
Engineer, which are stated in the letter attached to this Resolution as Exhibit A2.
Page 2 of 5
A land alteration permit must be issued through the building department prior to
any site work.
3. Implementation of the plan attached as Exhibits A1 — A2 will resolve the clear
cutting zoning violation and bring the property back into compliance.
4. Authorities granted by this resolution run with the property not with the applicant,
but are permissive only and must be exercised by obtaining a building pernut for
the new construction within one year of the date of Council approval, or the
conditional use permit will expire on that date (July 25, 2006).
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 sha11 be punishable as a misdemeanor.
6. The undersigned applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' 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 the 25�' day of July, 2005.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
Property Owner(s)
Page 3 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instniment was acknowledged before me on this day of
, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of
, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
Page 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this_day of , 2005
by Dennis S. Walsh, husband of Amanda L. Wa1sh, husband and wife.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this_day of , 2005
by Amanda L. Walsh, wife of Dennis S. Wa1sh, husband and wife.
Notary Public
Page 5 of 5
- �X�'1 F�I'(� �
i
.�j�. !.�"�"�� �� -�; �
xA'.Iv�lR _ �. �'�/� �\\� � _ __... .
��' Q,'' _:� � /••� �d:j`� —
. I ..' . �. � / �'�'`� I�'
I ';E�;,�--. �� � ;�i !; -
o �'; '� �.�. �
.. ��• � ' �`; ,Y , I' �.
�i-�� �t' F y
�� �. �� �k•,�`, I 4 ��
�'' 0� �I i T �F.
Ol9• � �
A � / � ���� � �
�� � ,� � �`'�i i - f
-��- �,:� �,� � i u
, � . � /r�.�'F�a5 I �-1I I
`I . ( � .�' <�1^��. ''11.. � .x�5 S� '� A �
I ^; x�
I I , � � , I-�% � I_ ,'N
r' L .�- � ^i �y �: 1 �4� I^�ry�:
�i �^ .�� � . Z �: . r ��+'� �'I I� � �hJ^'
� � � �- � I �� !i , o.
�� .e .o . O � j �_� . ;�y �i . � i4w�•
� � ,e,- �. r .V a� I:
� I 1 I� � 1�
�J'� `y, . �� '�L I 1
� � , � � �� ' �� I:
+ j _ �'„[, .( � '•�'-..�� � s; �'�'k�
',. ' i / f .� , , �t � I li , i _`,��',��
I � . � � � �
, � . : ,�-: � � ���
i . � �� �`-. _ � Iz ��,��,�
�; � '�' _� ��=
f � . F o .� � '\ ��, icL'� -�=�r�
\ '� ; } , ;-- -
. � ( �
� r, � Yr� , i�
,� � ..� i� ; ,
� �� ��
!� - ° � ;� �,.- ;; ���E, ,:; �
r , �. �� �..
( � �� �' � ,�� '���'
\ . �---�@ � ±�: _ _i- -: -
� � ;� �� �
�. �' � �u
' �� �,. � ,,:
�0. ��,i�. , � �Lrj� ' I
� �`� /. G � �`'n�����""
� �� � �nj� f�§�' ��h'u
�{�'� I_.�z a��:�.�
— _ � %. ,f °�,�i ----... . CI��'ri�.:����n�'
r. � ,~� � �'�i „ S'r��;,�h , .
��' " �����,�,
S �M�����c��
. � –�J - �`� .
i
n�����—'— -
4
`_T� Aa ��
i,,� �
���
���
���
���
E1CN�Ig�f' �'c2
�Bonestroo
I h te r 0 ffi c e M e m o Rosene
� Anderiik&
�Associates
� Enginee�s 6 ArcRitects
To: Tom Keilogg Date:,�7-11-2005
From: Stuart Krahn
Phone: X4861
Re: 1354 Rest Point Circle (File #04-3067)
Remarks:
Tom:
i have the following comments on the Planting Plan dated 7/1/05:
1. Wood Platform: Applicant should verify whether the existing wood platform shown in the survey is
to be removed or is to remain, or is seasonal for winter dock storage. If it is to remain or is
seasonal, the applicant should clarify how this impacts the planting plan.
2. Shrub Spacing: A number of the proposed shrubs are shown at 6' or 7' on center. This includes the
dogwoods, viburnum, amur maple, and sumac. While this spacing reflects their mature size, it does
not provide sufficient root structure to stabilize the slope when the roots of the previously cut
vegetation decompose. The maximum spacing on new shrubs should be reduced to 4' on center,
with 3' on center preferred for smaller species. The honeysuckle at 2.5' on center is appropriately
spaced. Applicant should revise plant quantities as required to cover exposed slopes.
3. Perennial and Grass Spacing: To stabilize the slope, all perennials and grasses should be spaced
at 1.5' on center, with the exception of the switch grass and little bluestem, which should be spaced
2' on center, and the sedum, which should be spaced at 1' on center. Applicant should revise plant
quantities as required to cover exposed slopes.
4. Plant Species: The Moonshadow and Winter Creeper Euonymous and the Wilton Carpet Juniper
are not proven performers for stabilizing south-facing slopes. Ash Leaf Falsespirea and Red or
White Snowberry are recommended alternatives. Also, amur maples have begun to show up in the
wild and are competing with native plants, so are not recommended.
5. Planting Practices/Temporary Erosion Control: Excess soil removed from planting holes will wash
into the lake if it is left uncovered on the slope. Therefore, cutting existing dead stumps off at the
ground, seeding the slope, placing type 2S straw erosion control blanket, and fhen planting through
the blanke�, is recommended. �lo excess soil should be left on to� of the blanket.
Bonestroo, Rosene, Anderlik and Associates, Inc. www.bonestroo.com
C St,Paul: G Milwaukee: �Rochester. ❑St.Cloud ❑Chicago:
23�5'Nesl High�vay�6 12075 N.Corperate Park�vay.Sie"[Ou 112 7-�Str2et�:E 3721 23'�Stree;S 185U VJesI Wnchester Rd.Sle IOd
St.PaW p,1N 55'�t3 I�fequon.'NI 53C92 Reetest-r.FAPI 55cnd St.Cl�ud,MN 56301 li6ertyvlll=,Il"c0048
Fhone:d51-63o�4n00 Pnone�.2o2-65.i-503.'�. Phonz�.507-282-27G0 Phone�920�251�455� Phonz�347-81E-tc37
Fax:651�63d�1311 Fax:2d2-241i50� "rzx�.507�32-31GG FFax�.320-2i1-n252 =az.54i-81;�77c2
CITY OF ORONO ZONING FILE: #OS-3113
2750 Kelley Parkway
P.O. Box 66 NOTICE OF COUNCIL ACTION
Crystal Bay,MN 55323
(952) 249-4600 DATE OF NOTICE: July 12, 2005
-----------------------------------------------------------------------------------
TO: Dennis &Amanda Walsh COPIES: Terry Sanders
1354 Rest Point Circle Natural Environments, Corp.
Mound,MN 55364 6098 Olsen Memorial Hwy
Golden Valley, MN 55422
--------------------------------------------------------------
TYPE OF APPLICATION: CUP for 0-75' Land Alterations
-----------------------------------------------------------------------------------
DATE OF MEETING: July 11, 2005 VOTE: 5 FOR 0 AGAINST
Motion: To direct staff to draft a resolution in accordance with the Planning
Cornmission and City Engineer recommendations for adoption at the next City Council
meeting.
--------------------------------------------------------------
Applicant's next scheduled meeting is confirmed as:
City Council—Monday,July 25, 2005; meeting starts at 7:00 p.m.
--------------------------------------------------------------
60-Day Extension Notice. State law provides that Cities shall make decisions on zoning
requests within 60 days from the date of application, and that this review period may be
extended by notification to the applicant. Your application was received on Apri120,
2005, and was deemed complete on May 23, 2005. The 60-day review period would end
on July 22, 2005. Because the earliest scheduled date of final Council action falls after
the 60-day period ends, the 60-day review period is hereby extended an additional 60
days to September 20, 2005.
If you desire certified copies of the official Council minutes, they are available from the
City Clerk after review and approval by the City Council.
Date Application Received: 4-20-OS
Date Application Considered as Complete: 5-23-OS
60-Day Review Period Expires: 7-22-05
REQUEST FOR COUNCIL ACTION
Date: July 7, 2005
Item No.:
Department Approval: Administrator Approval: Agenda Section:
Zoning
Name: Janice Gundlach�
Title: City Planner
Item Description: #OS-3113, Dennis & Amanda Walsh, 1354 Rest Point Circle,
Conditional Use Permit for Bluff Restoration/Preservation
Zoning District: LR— 1 B, One Family Lakeshore Residential District(1 acre minimum)
Lot Area: 0.72 acres (31,200 s.f.)
Lot Width: 124' @ shoreline; 121' @ 75' setback (140' required)
List of Exhibits
A—"Planting Plan"per PC Recommendation
B—Notice of PC Action dated 6-21-OS
C —PC Memo and Exhibits of 6-15-OS
Application Summary: Applicant requests a conditional use permit in order to conduct land
alterations within 75' of the shoreline consisting of a bluff restoration/preservation plan due to
clear-cutting. This application is necessary in part to correct a violation of Section 78-1285 (b) of
the Zoning Code and because of a condition placed on a hardcover variance approval noted in
Resolution#5259 approved in December of 2004.
Planning Commission Recommendation
The Planning Commission voted 5-1 to approve the concept of re-vegetating the bluff area without
implementation of a new stair access pending submittal of a detailed "planting plan" for City
Engineer review and approval, prior to Council review.
The applicant has submitted a planting plan for City Engineer review. As of the date of this report
the City Engineer had not reviewed the plan or provided comments. City Engineer comments will
be available at the meeting.
Staff Recommendation
Approve a plan consistent with the City Engineer recommendation.
COUNCIL ACTION REQUESTED
Direct staff to draft a resolution approving a plan consistent with the City Engineer's
recommendation.
'�°-`�` >
U`. /� � � '� �
r ����, �
��„� :� ,�` �. 'i� � — _...
. Q.`_ � � ,� �
M1 �. A !.� ��`i �;-- _
1 �. �� �., ' � i
� a � i
�� �: �� ` e� ;�}; i �
.' 0 �. '� 41 I 4 F
' �CJ�� � ''�. i T
�: � /' ' '
/ �
. � .�. . .\�_�� ��� i .�..
. � /�� .1 j �
i ��. ;
; � - � �';
�
e" j ° -? �:
{ � • r , ; c�, -,�
_ ` • � ' �) t'
''- _ LSQ � � . i I h
� � 4 .�.' h •:n i r�
�- . I I
i � i
` t
���,, ( � � , 4 i i y�
i - Jk� '�
if - � � � � I' �
//_ �
� �• �
! I
� ( F � ,° � IC1- - �
'
\\ - � , t---'_-__--_-
! j ,� ' ���
/ � .. r, �, � I 'j
l O �.- ..t� �' �'' �
� � �,. � � � �
� ,. ,
\ „ � .. ' --- ------
.. . .
„ _ _.._
� /l� �� � �� , �,
� � :d �
� -� a �� � � �
� �
� O �� � '
�. � , , � �,��
, , �
� i ��� ���
x���.
.. �(�/Px�y., - -- . ,��.f c � �,M..
e���L�. �.f��a .�>w�
���:F������
���— — - —
�'.
�
' � I
CITY OF ORONO ZONING FILE: OS-3113
2750 Kelley Parkway
P.O. Box 66 NOTICE OF PLANNING COMMISSION ACTION
Crystal Bay, MN 55323
(952) 249-4600 DATE OF NOTICE: June 21, 2005
--------------------------------------------------------------
TO: Dennis & Amanda Walsh COPIES: Terry Sanders
1354 Rest Point Circle Natural Environments, Corp.
Mound, MN 55364 6098 Olsen Memorial Hwy
Golden Valley, MN 55422
--------------------------------------------------------------
TYPE OF APPLICATION: CUP for 0-75' Land Alterations
--------------------------------------------------------------
DATE OF MEETING: June 20, 2005
Planning Commission recommended as follows:
To approve the concept of re-vegetating the bluff area without implementation of a new
stair access, pending the following:
1. Submittal of a detailed "planting plan" for City Engineer review and approval.
VOTE: 5 FOR 1 AGAINST
--------------------------------------------------------------
Applicant's next meeting is tentatively scheduled for:
City Council—Monday,July 11, 2005 pending submittal of a plan for City
Engineer review; meeting starts at 7:00 p.m.
--------------------------------------------------------------
If you desire certified copies of the official Planning Commission or Council minutes,
they are available from the City Recorder after review and approval by the Planning
Commission or Council. If you have questions, please call City Planner Janice Gundlach
at 952-249-4623.