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Home My WebLink AboutResolution 3298 4 O� CITY 04C‘ O C of ORONO RESOLUTION OF THE CITY COUNCIL A NO.2 r, • 4/4sHog' A RESOLUTION GRANTING A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 19 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 1838 WHEREAS, Robert H. Owens (hereinafter the "applicant") is the owner of the property located at 1700 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as: Exhibit "A", attached (hereinafter "property"); and WHEREAS, the applicant has applied for a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 for land alterations in excess of 100 cubic yards and for the installation of retaining walls not to exceed a 4' height to be installed within the lakeshore protected area where no such alterations or structures are allowed per Section 10.55, Subdivision 8. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1838. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. 3. The Orono Planning Commission reviewed this application on June 21, 1993 and recommended approval of the proposed variance to Section 10.55, Subdivision 8 and per Zoning Code Section 10.03, Subdivision 19 recommended approval of a conditional use permit for land alterations and the installation of retaining walls within the lakeshore protected area based on the following findings: Page 1 of 5 CITY of O O ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 2 9 3 kESH� a. The existing lakeshore bank has sustained severe damage and may result in the complete collapse of the bank. b. Repairs of the steep bank completed in 1987 have failed. c. The plan provides for the installation of 3-1 sloped banks adjacent to the tiered walls section allowing for easy maintenance and to facilitate restoration of ground cover. d. Hardcover within the 0-75' setback area exists at 804 s.f. or 7.4% and is now proposed at 888.6 s.f. or 8.2%. 4. 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship 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. 5. The Council finds that granting a conditional use peiiuit to allow the installation of retaining walls and the necessary land alterations within the lakeshore yard will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 variance to Municipal Zoning Code Section 10.55, Subdivision 8 and per Section 10.03, Subdivision 19 grants a conditional use permit to permit grading improvements and the installation of two tiers of Allan Block retaining walls within the lakeshore protected area where no such encroachment is allowed and per plans by GME Consultants, Inc., Project No. 3766-A, Page 2 of 5 • . 0 4,.-- O CITY of ORONO ,� RESOLUTION OF THE CITY COUNCIL Ij�, '� ( 4,�j ti NO. 2 ' 4 ESH dated June 1993 subject to the following conditions: 1. Erosion control to be maintained on property before any land alterations commence and to be maintained until ground cover is restored. 2. Upon application for a building permit, applicant shall provide a landscape schedule for plantings that will provide a buffer for block walls to minimize impact upon the lakeshore view. Applicant shall plant vines adjacent to foundation of concrete block patio at bluff of lakeshore bank. The existing planter box at the bluff of the bank shall be removed as a result of the installation of these retaining walls. 3. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this variance/conditional use permit will expire on that date (June 28, 1994). 4. 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 shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agree to the terms of this resolution and on behalf of himself, his 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 this 28th day of June, 1993. Al EST: /p�.ailzi; ' /L. ✓ i Dorothy 0 allin, City Clerk Edward J. Callahan, Jr., Mayor 7 A, --- 7,.._ )1(_juuLf2. }4_, - -1' Y,p Prop ie y wner(s) Page3of5 . . ik, O.47 O O CITY of ORONO � - Aq RESOLUTION OF TIE CITY COUNCIL } NO. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of June, 1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. i L 1 -,,��qq�. JAMIE L.BOSMA �-% A ?:• NOTARY PUBLIC-MINNESOTA 1v %� , \ `1 6- —r�� • HENNEPIN COUNTY Notary'Public ` •"• My Comm.Expires 12-19-97 1 ( STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,9,)- '-2 day of )Z( 4 199 j before mea Notary Public within and for said County,personally appeared A'', // z ./,',-- 7),,;_,- (/(. , 79 , /�.,a, /7;77 - /1(7__ known to me to be the person(s) described in and who executed the foreg g instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE / y NOTARY PUBLIC - MINNESOTA 7' / HENNEPIN COUNTY 'w My comrnissi^n ,p.-es 8-12-96 �� `�" �' �� ,, Mary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , 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 Page 4 of 5 • 1 — .tom That pert of Lot Three (3), In "Auditor's Subdivision No. 349, Hennepin Count', Minnesota" described as follows: Commencing at the point of intersection of the Southeasterly line of Lot 11 In said Auditor's Subdivision No. 349 and Ole dividing line between Lots 3 and 4 In said subdivision; thence Southeasterly along the dividing line between said Lots 3 end 4 n distance of 114.05 feet to the angle point In said dividing line, said point being the actual point of beginning • of the tract of land to be described; thence Southerly along the dividing line between said Lots 3 and 4 a distance of 130 feet; thence East deflecting to the left et en angle of 90 degrees 14 minutes to the shore of Lake Minnetonka; thence 'Northerly along shore of said lake 100 feet more or leas to the dividing line be— tween Lots 2 end 3 In said subdivision; thence Westerly along the dividing linesbetween said Lots 2 and 3 to the angle point in lest said dividing line; thence continuing Westerly In a straight line to the actual point of beginning; except the Westerly 20 feet thereof, said 20 feet being measured at right angles to the '? dividing line between said Lots 3 end 4; according to the plot thereof on file oh of record in the office of the Registrar of TIties In end for said Hennepin County. Together with an easement for rood purposes over that part of said Lot 3 lying Westerly of the Westerly line of the premises hereinabove first described and Northeasterly of a line described as follows: Beginning at Initial point of commencement of the tract of land hereinabove described; thence Southeasterly along the dividing line between said Lots 3 and 4, 114.85 feet to the angle point in 'aid dividing line; thence continuing Southeasterly on an extension of said dividing line to the Westerly line of the tract of land hereinabove described end there ermtnating, as shown In Deed Doc. No. 318624, Files of Registrar of Titles. • Together with en easement for right of way for driveway purposes over that part of the Westerly 20 feet of said Lot Three (3), lying Northerly of the South lino of the premiere hereinabove first described and Southerly of the line drawn ecross said Lot Three (3) from the angle point In the dividing line between CD Lots Three (3) end Four (4) to the angle point to the dividing line between Lots Two (2) and Three (3) in said "Auditor's Subdivision Number 349, Hennepin County, Minnesota", said described 20 foot right of way being 20 feet wide escmeasured at a right angle to the dividing line between said Lots Three (3), ui end Four (4), as shown in Deed Doc. No. 316824, Files of Registrar of Titles. 01 • - • 1 . a rij • CD . • ,1,1 RESOLUTION # STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I Dorothy M. Hallin , City Clerk of the . City of Orono , Hennepin County , Minnesota , do hereby certify that I have compared the fore-going copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on June 28 , 19 93 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting . In Witness Whereof , I have hereunto set my hand and seal this 30th , day of June , 1993.4t11-402 11 sor. thy allin , City Clerk ( SEAL) 2431402 = :rtS1ERED VOL(2- PAGE IP tk 5 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COED FUNTY ILED MINNEONSOTA CERTIFI OCT 141,993 C1 •1.NSI,C001044.4l REGISTRAR OF TITLES BY DEPUTY ,O/'l I K cr tf