HomeMy WebLinkAbout#1823-variance-1985 l
City of ORO
RESOLUTION OF THE CITY COUNCIL
NO. 1823
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 8 AND -
SECTION 10.22, SUBDIVISION 3
AND CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FILE #936
WHEREAS, Lawrence J. Gardner (hereinafter "the applicant")
is the owner of the property located at 1085 Tonkawa Road within the
City of Orono (hereinafter "City") and legally described as follows:�
The Southeast 139.63 feet of Lot 6, Auditor's Subdivision No.
217, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of
Orono to permit the filling and regrading of the lakeshore yard within
the 0-75' lakeshore setback zone, and to remove certain live trees
greater than 6" in diameter in the 0-75' lakeshore setback zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: i
FINDINGS
1. This application was reviewed as Zoning File #936.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 0. 85 acre in area.
4. The Orono Planning Commission reviewed this application on
July 15, 1985, and recommended approval of the proposed variance
to Section 10.22, Subdivision 3 to allow the removal of 4 trees
in the 0-75' lakeshore setback zone; and recommended approval of
a variance to Section 10.55; Subdivision 8 and a conditional use
permit per Section 10.03, Subdivision 19 to allow filling and
grading within the 0-75' lakeshore setback area; finding that:
A) The 4 trees allowed be removed are alive but overhang';
the lakeshbre bank and pose a hazard to the use of the
lakeshore.
B) The proposed grading will re'store the' lakeshore yard to
nearly the original contours.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
•
NO. 1823
• w • •
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 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 applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
6. The City Council finds that granting a conditional use permit
to the applicant for the proposed regrading and tree removal
would not be detrimental to the health, safety or general welfare
of the public, nor will it depreciate surrounding property values
and the level of use of the property limited by the pertinent
sections for non-conforming uses within the Zoning Code and
Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.22, Subdivision
3 to allow the removal of 4 trees in the 0-75' lakeshore setback zone;
and a variance to Section 10.55, Subdivision 8 and a conditional use
permit per Section 10.03, Subdivision 19 to allow filling and grading
within the 0-75' lakeshore setback area, subject to the following
conditions:
1. The 4 trees allowed to be removed include 2-8 diameter
Willows, 1-24" Cottonwood and 1-30" Cottonwood, all of which
overhang the lakeshore bank. These trees shall be replaced by
applicant with 4 trees to be located within the 0-75' Lakeshore
setback area.
2. The applicant shall rip-rap the lakeshore bank in order to
avoid further bank erosion and loss of trees.
3. Applicant. shall regrade the lakeshore yard in accordance with
the plans approved by the City Engineer. Applicant shall notify
City ,staff prior to the date grading will commence, and shall sod
the graded area within 7 days of completion of the regrading.
4. Applicant shall maintain the existing hay bale sedimentation
barrier - until such time that the regraded area has been
revegetated and stabilized to ensure no sediment enters the lake.
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J
city of OR ONO
RESOLUTION OF'THE CITY COUNCIL
NO. 1823
5. Authorities granted by this variance run with the property,
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Council approval, or this variance will expire onli
that date (August 12, 1986).
6. Violation of or non-compliance with any of the terms and ,
conditions of this variance 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 applicant has read, understood and hereby )
agrees 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 12th day of
August, 1985.
ATTEST:
't
s
/Do t M. i in, Ci y. C erk Mary C. ler, Mayor
ty diner
r
Y
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city of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1823
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this �. day of
before me a Notary Public within and for said county, personally
appeared/,gW ,� ,(� Anla �-yw,N ��►���2y2 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.
MICHAEL P. GAFFRON
NOTARY PUBLIC'MINNESOTA NOTARY PUBLIC
► HENNEPIN COUNTY
My Commission Expires June 11,1997
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN }
On this day of 1985, 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
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