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Home My WebLink About#4698-V's/CUP-2001 � ,. . �� O ' Y �'' O O ��b. - CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL ��SH�4� NO. � � g � � � A RESOLUTION GRANTING AFTER-THE-FACT VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.55,SUBDIVISION 8, SECTION 10.56, SUBDIVISION 16 (C) (5), SECTION 10.56,SUBDIVISION 16 (.n AND (L) AND A CONDITIONAL USE PERMIT . PER SECTION 10.03, SUBDIVISION 21 FILE NO. Ol-2717 WHEREAS, Ted H. Spooner and Jody M. Spooner, (hereinafter "the applicants") are the owners of the property located at 700 Tonkawa Road within the City of Orono (hereinafter "the City") and legally described as follows: _ � The southeasterly half of Lot 7 and that part of Lot 8, a11 in"Parten's Point, First Addition,"according to the recorded plat thereof lying northwesterly. � of the following described line: Commencing at the most westerly corner of said Lot 8; thence southeasterly along the southwesterly line of said Lot 8 a distance of 51.34 feet to the point of beginning of the line to be described; thence northeasterly parallel with the north line of said Lot 8 to the shore of Lake Minnetonka and there terminating, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS,the applicants have applied to the City to pernut the after-the-fact construction of retaining walls by the lakeshore requiring vaziances to Municipal Code Sections 10.22, Subdivision 2, 10.55,Subdivision 8 and 10.56, Subdivision 16(�and(L)to allow hazdcover in the 0-75' lakeshore setback zone and a variance to Section 10.56, Subdivision 16(C)(5) to allow retaining walls which are prohibited in the shore setback zone, and a conditional use pernut for lakeshore alterations per Section 10.03, Subdivision 21. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes,the Orono Planning Commission held a public hearing on September 17, 2001, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW,THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: • Page 1 of 7 � r /__ . /� O� . • O O � ��b. - CITY of ORONO � � ti �� p'�' RESOLUTION OF THE CITY COUNCIL ��SH04� NO. � � � � . FINDINGS . 1. This application was reviewed as Zoning File#O1-2717. 2. This property is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is the minimum lot area. The properiy consists of approximately .66 acres or 28,577 ' s.f. � 3. The Orono Planning Commission reviewed this application on September 17,2001 and recommended approval by a vote of 7 to 0. 4. The Planning Commission made the following findings of fact: A. The property previor�sly contained an existing deteriorating retaining wall system at the lakeshore. Replacement of the retaining wall system was � necessary to prevent erosion of the steep lakeshore yard. B. The existing rock retaining walls are located within 70' of the shoreline but do not extend the full width of the property. C. The rock retaining wall system and steps hardcover is approximately 6.6%. D. The applicants have agreed to provide a suitable planting and vegetation plan which will provide adequate screening to the new retaining wall. E. No additional hazdcover should be allowed in the 0-75' setback area. 5. 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 variances would not adversely affect traffic conditions, light, air, nor pose a fire hazazd or other danger to neighboring property; would not merely serve as a convenience to the applicants,but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • Page 2 of 7 1 . �� /� O� • O O ��e_ - CITY of ORONO � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��sH.o�`'� No. 46g � . 6. The City Council finds that granting a conditional use permit to allow construction of a retaining wall system will not to 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 it 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. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact variances to Municipal Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.�6, Subdivision 16 (� and (L)to allow hardcover in the 0-75' lakeshore setback zone of . 6.6%where no hardcover is normally allowed, and a variance to Section 10.56, Subdivision 16(C)(5)to allow retaining walls where they are normally prohibited in the shore setback zone, , and a conditional use permit for lakeshore alterations per Section 10.03, Subclivision 21. � Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. • 2. Shrubs or some other form of natural vegetation aze required to be planted and maintained permanently between the retaining walls,between the retaining wall and the shoreline and creeping vegetation between the boulders. Council approval is based on the landscaping plan submitted by the applicants attached to this resolution as Exhibit B. The plantings shall be in by winter. . , ' 3. The property owner shall obtain the appropriate after-the-fact builcling permit for the retaining wall. � i Page 3 of 7 r . w /�� /� �ll�' . � O O ��b_ - CITY of ORONO � � �� ,'�' RESOLUTtON OF THE CITY COUNCIL ��sxo4� rvo. 4 � g � � � . 4. Applicants are advised that the City will not look favorably on future additions to hardcover in the 0-75' zone. 5. Authorities granted by these variances and conditional use permit run with the properry not with the applicants, but are permissive only and must be exercised by . application for a building permit within one year of the date of Council approval, ' or these variances will expire on that date (September 24, 2002). , 6. Violation of or non-compliance with any of the terms and conditions of these variances and conditional use permit shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � 7. The undersigned applicants have read,understood and hereby agree to the terms � � of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of September, 2001. ATTEST: . � �/--�-e-- Linda S. Vee, City Clerk . Barbara A. Peterson, Mayor �� `h�,C.� Property Owner(s) • � ' � Page 4,of 7 � , � � �----- �� 0� - • O O ' ��e. - CITY of ORONO � ' ti �� ,�' RESOLUTION OF THE CITY COUNCIL ��SH�� NO. � s � � STATE OF MINNESOTA� ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of September, 2001 by Barbara A. Peterson and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �. ' � f��-�� RACHEL DODGE ' ' ��(pUgLIC-MINNE�OTA NOt Public �'�, �y�p�sio�t Exptres Jan.31,2045 � �i � Ar � ;�•,:, STATE OF MINNESOTA ) : . ) ss. • COUNTY OF HENNEPIN ) On this o� �`�' day of � , 2001,before me a Notary Public within and for said County, personally appeared�r�� 1-/ SPvo�./e��,7�0�/N1, �►�OoNE12 -M.h�°,tlE� 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 � u�idfSE M.LESKINEN a NOTARY PU9L6C-MINNESOTA STATE OF MINNESOTA � My�orron�SfonExpkes�an.31,2005 ) ss. , ' � COUNTY OF HENNEPIN ) � On this day of , 2001, 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 S of 7 Exhibit A 4 6 � � * , , . �� . � �� 3�� t:`I�� ` :Ya� " ' --- = �... ; . —'�_° aY�� I I ' a=�� , , . �a� '� • ; — � ' r'��s ,i�ll� I�I ' ��a. ::, � _�.�ay �� '; � o�_a- tj=l��il : �pN�p a,, � ��= ,: {; ; = \NN�P� t HGJ. �. .g� ,I _:T �� ` _ �•I� SF�� •� =,`� a =j-�'�^� I - � S�J�g� �lo0g.9/'t ��_r, 'f 'lD�� •, '�_o� � 'SI� �'P' � �,>�E�' /..•:.;' �s �:�''� �'%-"�.,''�.-__ ' -��= �=1��I . /. �i?!>t- �� . �a�" �� x i /��. �� rzi'— y 35�I: _ : ri.�'%7 j� ��"=,.`� • _� :s.sy.a Y�' � f5'C�/ p r�� '_"e � _ � •�'�g•��i � O O ..%O ' rz.. � � ° • 1� t �OQo o�i� `'� • y �-`�a.." ��.. a al ��=�i �,� ,o sJ. ,\� �� N ';: ` � _. _ _ >> Q�1� •'� �.F � /-'_ w. �� Qqab'� , - \ :�, ��:�.. . /,- ',4 �', �� :l�.� i.�'� �i� ' 4 �' / r- � / / �, ! �� '� � . � ' 'O,� � �\^ '�,`, � �/��3f^ �= f'� � �' ` �\ ,� .,,f! w:y�$ �_ � ` , . ^ �N '� \' \ �:. �fj •y� -�� I \'�� . � ��i. 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