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HomeMy WebLinkAboutResolution 6433 icLoAoG CITY OF ORONO RESOLUTION OF THE CITY COUNCIL INO. 6 4 33 4'ESHOo' Resolufian A RESOLUTION sigRol. GRANTING VARIANCES FROM MUNICIPAL ZONING CODE (OM DkI- cL SECTIONS 78-1279, 78-1288, 78-1680 & 78-1700 1" AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966, 78-967 & 78-1286 FILE NO. 13-3645 WHEREAS, Brian Sundstrom, and Judy Olausen, husband and wife (hereinafter "the Owners") are the owners of the property located at 1895 Concordia Street within the City of Orono (hereinafter the "City") and legally described as: Lots 1 & 2 Coffee's Addition to Shady Wood, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the Owners have made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1279 to allow installation of boulder retaining walls and outcroppings within 75 feet of the OWHL of Lake Minnetonka in order to repair significant erosion and the catastrophic failure of the lake yard slope; and WHEREAS, the Owners have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow new hardcover in conjunction with installation of boulder retaining walls and outcroppings within 75 feet of the OWHL of Lake Minntonka where no hardcover is permitted; and WHEREAS, the Owners have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-966, 78-967 and 78-1286 to allow installation of boulder retaining walls and outcroppings in conjunction with slope stabilization measures in response to a catastrophic failure of the lake yard slope within 75 feet of the OHWL on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on July 21, 2014 at which times 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: FINDINGS Page 1 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti 6 4 33 `� G1 N O. kESHOS� 1. This application was reviewed as Zoning File number 13-3645. 2. The Property is located in the LR-1C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acres and a minimum lot width of 100'. 3. The Planning Commission reviewed this application at a public hearing held on July 21, 2014 and voted 7 for and 0 against on a motion to approve the hardcover variance and conditional use permit. The Planning Commission finds that the following factors support the granting of the request: a. The Property has 0.73 acres in area (or approximately 31,600 square feet). b. The Property has approximately 200 feet of width at the OHWL and approximately 165 feet at the 75-foot setback. c. The Property suffered a failure of the upper lake slope in July 2014. d. The Owners have been developing a restoration plan that meets both the City's and the Minnehaha Creek Watershed District's (MCWD) goals to stabilize the slope and eliminate the sedimentation into the lake with the Owners' goals for stability, aesthetics and lake access. e. The boulder outcroppings and retaining walls will be the minimum amount of walls necessary to stabilize the slope. The proposed minimal hardcover resulting from the proposed retaining wall and boulder outcroppings is reasonable, consistent with the comprehensive plan and will not alter the character of the area. f. The Owners will provide a landscape plan which will serve to screen and mitigate views of the walls from the lake. g. The retaining wall and boulder outcroppings within the 75-foot setback will not alter the essential character of the neighborhood and when screened by vegetation will result in minimal or no negative impact on adjacent properties. h. The installation of the boulder outcroppings and wall will help to support the slope and screening plan should help to prevent further erosion from the site. Page 2 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL -t14.`''' NO. 6433 'kESHol" i. The Owners' request is in harmony with the purpose and intent of the ordinance, consistent with the comprehensive plan and will not alter the character of the area. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owners and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. 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 and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; 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 grants: a variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of boulder retaining walls and outcroppings within 75 feet of the OWHL of Lake Minnetonka in order to repair significant erosion and the catastrophic failure of the lake yard slope; variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow new hardcover in conjunction with construction of the retaining walls and boulder outcroppings within 75 feet of the OWHL of Lake Minntonka where no hardcover is permitted; and a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-966, 78-967 and 78-1286 to allow construction of retaining walls in conjunction with slope stabilization measures in response to a catastrophic failure of the lake yard slope within 75 feet of the OHWL on the Property; subject to the following conditions: 1. Council approval is based on the partial survey and draft plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Final plans shall be submitted for review and approval by the City Engineer prior to issuance of a land alteration permit and any commencement of work to restore the slope areas. 2. The maximum hardcover allowed shall result from the minimal length of wall necessary to restore and stabilize the slope. 3. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining administrative Zoning Permits for the project and commencing construction of said project within one year of the date of Page 3 of 5 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 64 33 F G t�KES H ORS Council approval, or the approvals granted by this Resolution will expire on that date (August 25, 2015). 4. An escrow in the amount to be determined by the City Engineer shall be submitted prior to commencement of the project on site. 5. An as-built survey will be required upon completion of the project prior to refund of the permit escrow. 6. 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. 7. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 25th day of August, 2014. ATTEST: )4 HAI& Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 4 of 5 *oAtiorfrCITY OF ORONO RESOLUTION OF THE CITY COUNCIL G> N O. 6433 ��kESH0°' Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, by Brian Sundstrom, husband to Judy Olausen. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2014, Judy Olausen wife to Brian Stundstrom. Notary Public Page 5 of 5 TOPOGRAPHIC DETAIL FOR ci i BRIAN SUNDSTROM ...— IN LOTS 1 & 2, COFFEE'S ADD. TO SHADY WOOD E-..., HENNEPIN COUNTY, MINNESOTA S'Wr /: op' Ix= w= LAKE /1 , / ' , , „ ., Z MINNETONKA / , , , / , -.... ....,. 2 co -, WEST ARM , I,r.,g.p4 ,..,., //// 1 ' \ /<•%, '''/ / // / r/ / ' r..,, `....... ///r/r// / \ ''' / r//''/' '' '' ',,.... k;: ./ / /I\ <``' \,,,'. ' ' •i/ BRIAN SUNDSTROM .... ,I , . . , -,, (-0,f,c.) a ---,0 --) n"; , 0 , //: rt< ,: , , . r.,..1.-\. / // // / / ?'44'41',; '/ . --- ./iV A, /./ ; / ,' '7 . --'14s‘. 4'/- , _-, c ..,,--\-.A-- '---, , A? // ' '.'7.'/ , .• // • 44' / ,.., .4.. s ..t. I „, ,c, irS ',.., el /1 ' ' ' '/ , • / ' -',/ 11 ,.,i• ,1 '" / ' ' , ''''' ••' ' i .' t i°Ari .c. ,s1 Wm"-----//'. ' ,'. /,,:. .•,•,:.,,<, ,.•, ' ' / 224! cil !JO; r r r / , l''' / / r , II VACATED 2'/EBB SIRELI WEBB 1:3V 1 STREET I •,,•• ; /— / I / i GARY BRIGGS , I // i , i A i g 1 LEGAL DESCRPTCN OF PREMGES, 1 4, 0 Lc;J EXISTING HOUSE -10 0 10 20 30 ,,,,...., Fr AGERN /1905ESS ..1.161.1111 . ',..., 1 , SCALE IN FEET M es X y = 0 0: c ....4,,, ,_,,, Resolution Exhibit B Scope of Work at: 1895 Concordia St. ft - ,Co MN 55391 FC��� '� Owners: 204 Judy Olausen CI7-V Brian Sundstrom /)v/VO General Information: Survey to be completed by Grondberg on or about 7/16/2014, maps TBD. I asked Melanie Curtis to discuss the needs of the survey with Grondberg to help speed the process to take care of the remediation. Information for stabilizing the soil failure: Tom Niccum Timberscape 1 . Work from Water A. Bring equipment on shore from lake. A couple of trees may have to be removed. No material went into the lake; it ended on a large ledge. B. Move organics from ledge towards the base of the hill. C. Place boulders as needed in the area where the organic had been. 2. Work on property from above A. Place nylon mesh netting from top of property to the organics and boulders (nonwood or wood type mesh to be determined at time of application to stabilize hill. B. Place topsoil over mesh from both lakeshore area and top of hill. C. Planting types to be determined.