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Home My WebLink About#1655-CUP/variance-1984 r � �,A ti:� . � ;�;-;:;.::: • � Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1655 � • � • • • • • , ��_� � GRANTING A CONDITIONAL USE PERMIT PER � MUNICIPAL ZONING SECTION 10.H3 SUBD. 19 AND APPROVING A VARI.ANCE TO ZONING CODE SECTION 1H.55 SUBD. 8 AND SECTION 18.21 SUBD. 2 — FILE 836 Whereas , the applicant is owner of the property located at 2771 Shadywood Road and legally described as follows: Par 1 : Tract H, Registered Land Survey No . 358, Files of Registrar of Titles, County of Hennepin. Together with ar� easement for road purposes over and across . Tracts F and C of said Land Survey and also over a 100 foot turr� around circle, now constructed on the rear or northeasterly part of Tract A of said survey, as shown in deed Doc. No. 471964 , files of Registrar of Titles. Par 2: Tracts C, F and G, Registered Land Survey No. 411 , � Files of Registrar of Titles , County of Hennepin. Tract F is subject to an easement of road purposes as shown in deed Doc . No . 471964, Files of Registrar of Titles. � Par 3: Tracts I and J, Registered Land Survey Noe 358, and Tracts A, B, and D, Registered Land SurveyNo . 411 , Files of Registrar o�f Titles, County of Hennepin, except those parts of said tracts lying Northeasterly of a line parallel with . , and 40. 0 feet Southwesterly of the following described center line: Beginning at a point 2563 . 58 feet North and 2379 . 3I. feet West of the Southeast corner of Section 21 , Township 1I7 , Range 23; thence North 57 degrees 47 minutes West a distance of 176.36 feet to the actual� point of beginning of the center line to be described; thence continuing North 57 degrees 47 minutes West a distance 9091.0 feet and there terminating . For the� purpose of this description the East line of said Section 2I shall be designated as a line bearing North 1 degree 11 minutes 55 seconds East. Tract I , Registered Land Survey No. 358 is subject to an . easement for road p'urposes as shown in deed Doc. No. 47I964 , Files of Registrar of Titles. Also . Togethe,r with an easement for road purposes over and across Tracts F and C of said Land Survey and also over a 100 foot � turn around circle, now constructed on the rear or northeasterly part of Tract A of said survey, as shown in deed Doc. No. 471964, Files of� Registrar of Titl,es, as to Tracts I and J.; - .�. • Cit o� ORONO • � � � . RESOLUTION OF THE CITY COUNCIL NO. 1655 • � � • • � Tracts B and D, Registered Land SurveyNo . 4I1 are subject to an easement for road ,purposes as shown in deed Doc. No. 47I964 , Files of Registrar of Titles. Also Par 4 : That part of Tract E, Registered Land Survey No. 4II , Files of Registrar of Titles, County of Hennepin, lying southwesterly of the southwesterly Iine of Tract C of said � survey and its northwesterly extension. Together with an easement for road purposes over and across Tracts I , F, and C and a 1QJ0 foot turn around circle over such parts of Tracts B, D, and A as may be necessary when said turn around circle is hereafter constructed , Registered Land Survey No. 415, Files of Registrar of Titles, County of Hennepin, as shown in deed Doc . No . 471964, Files of Registrar of Titles. • Whereas , Richard G. Ogle (hereafter "applicant") has made application to the City of Orono (hereafter "City") , to permit the - construction of retaining walls and planter retention basins and to alter the grade within 75' of Lake Minnetonka, and to permit the placement of hardcover in excess of the allowed hardcover in the 0-75 ' foot and 75-250 foot setback zones and � Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : Fir�dirngs 1 . This application was reviewed as Zoning File No. 836. 2. The property is Iocated in the LR-1B Lakeshore Residential Zoning District. � - • 3. The applicant was issued a building permitfor construction of a single family residence on the property on January 23, 1984, under the automatic assumption that additional hardcover would be allowed in the D1-75 foot zone for driveways serving the residence. 4. Lakeshore on two sides of the property creates a hardship in the efficient use of the surplus dry buildable area in the . 75-250' setback zone . . 5e To restore the grade to its original slo.pes would have a detrimental effect on the Iake. : � . . Ci.t o� ORONO • � � RESOLUTION OF THE CITY COUNCIL NO. 1655 • • � • • . . 5. The proposed regrading , retention basins and retaining walls will serve to reduce the velocity and amount of runoff from the property to the lake and improve the quality of that_ runoff. 7. The Planning Commission reviewed this application at their June 18 , I984 , meeting and recommended approval subject to the following conditions: lo The proposed rock stream to be eliminated 2. Eliminate the portion of the proposed deck in the 0-75 foot zone, leaving no more than 375 square feet of deck 3. Applicant to work with staff in red ucing the driveway hardcover if possible • 4. Applicant to be made aware that there is a severe hardcover problem on the property and that future requests for additional hardcover would likely be looked at unfavorably 8. Applican� has reduced his proposal in accordance with the � . recommendations of the Planning Commission and staff. 9 . The City Council finds that the conditions existing on this . property are peculiar to it and do not apply generally to the , property in this zoning district: the granting of th.e variance 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 owner , but is necessary to alleviate a demonstrable hardship or difficulty; � is necessary to preserve a substantial property right of the owner ; and would be in keeping with the'spirit and intent of the Zoning • Code and Comprehensive Plan of the City. I0. The City Council finds that granting a conditional use permit to the applicant for the continuation the the nonconforming structure would not be detrimental to the health, safety or general welfare of the public , nor will it , depreciate surrounding property values and the Ievel of use ' • of the property limited by the pertinent sections for nonconforming uses within the Zoning Code and Comprehensive Plan of the City. .. � " ., ,. • � . C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 16 55 • • � • • CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a Conditional Use Permit per Zoning Code Sections 1q . 03 Subd 19 and Section I0. 55 Subd B to Richard G. Ogle to construct retaining walls and planter retention basins and to alter the grade within 75 feet of Lake Minnetonka, and grants a variance to Zoning Code Section 1�1_. 22 Subd 2 to approve an increase in hardcover in the 0-75 setback area of 1 ,485 . square feet or 5$ where none is allowed and an increase of 2,024 square feet or 9� in the 75-250 ' setback area where only 25� is allowed , subject to the following condition: 1 . Hardcover within the 0-75 foot setback area excluding the • pre-existing roadway serving neighboring properties is limited to 1 ,485 square feet of driveway surfacing , or 5$. • 2. Hardcover within the 75-250 foot setback area excluding the pre-existing driveway serving the neighboring properties is limited to the area of the house structure of 6,525 square feet; the proposed driveway totaling 1,649 square feet; and the proposed deck totaling 375 square feet , for a grand total of 8 , 549 square feet or 39�. � 3. AlI planting and planter retention basins must provide , permeable surfaces for runoff. � � 4. Applicant is placed on notice that his property has excessive amounts of hardcover over that allowed as noted above, and that a future improvement to this property � involving an increase in hardcover must be matched with the removal of existing hardcover . 5. The above conditions serve to create no net increase in hardcover over the amountapproved with building permit no. 5195. � Adopted by the Orono City Council on this 9 day of July, 1984 . � ATTEST: CITY OF ORONO ��v��, �1�� C1i • City Cl.erk Mayor �•� w .: � � , x . � . '. � + 7� � � Clt� o� ORONO • � �4• �4,�`T' .' � ti.� .` �'��}`�� ` RESOLUTION OF THE CITY COUNCIL . ,;,�:�. NO. 16 55 .� .'.Y•. " • • • , p:k:..;�;. �� • Pr ty Own, r ( (2) Property Owner (s) . (3) Property Owner (s) STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) • On this � 7 M day of , 1984 , before me a Notary Publi.� within and for said County, personally appeared ��ct-�l-A2D �. �GC.� known to me to be the person(s) described in d who executed the foregoing instrument, and acknowledged that e (they) executed the same as his (their) free act and deed. . • • ' . ARY PUBL � rw t o�it�THY M. MA� � +�,`�. HENNEPIN COUNTY �� /n �D �� 7 �'�`�' " MY OMMISSION EXPIRES ' • � .c a ,. W 1 • • . ��-4 �� Clt� o� ORONO • ��d�� '` �F� ` RESOLUTION OF THE CITY COUNCIL • ' • NO. 1655 ' •�� • • r�,... `:a,r',, e ' . STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this �� day of JUC,�M^r , 1984 , before me a Notary --t--T-- Publi withi_n / nd for said County, personally appeared ____.��/1��'YS V �GGE known to me to be the person(s) descr bed in and who executed the foregoing instrument , and acknowledged that (they) executed the same as his (their) free act and deed . , • ,G%/. � �""~� DOROTHY IrA. MAtUt� . ARY PU NoT/tR1r�U�U0�1Nw■Mt � HENNEPIN COUNTY • • � INy oomrd�Mon�pkrs F9F1� �� MY COMMISSION EXPIRES . STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of � , 1984 , 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 � MY COMMISSION EXPIRES � .