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HomeMy WebLinkAboutResolution 6669 r sLoivo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� NO. 6669 ikESHO�‘‘. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-966 THROUGH 78-968 AND 78-1405 - FILE NO. 16-3848 WHEREAS, Janelle K. Shields and Michael R. Shields,Trustees 2000 Revocable Trust of Janelle K. Shields, u/a/d 9/22/2000 (hereinafter "the Applicants") are the owners of the property located at 364 Westlake Street within the City of Orono (hereinafter the "City"), Hennepin County PINS 05-117-23-23-0043, and legally described as follows: EXHIBIT A, attached hereto (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for after- the-fact approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78-967(b)(3)and 78-1405(a)(5.1)c for construction of a 4-foot high retaining wall located less than 5 feet from a side lot line, which is considered as an "unusual land alteration" requiring a conditional use permit; and WHEREAS,the Applicants have concurrently made application for approval of an encroachment agreement, as said wall is within a dedicated drainage and utility easement where no such walls are normally allowed except by encroachment agreement per section 78- 1405(a)(5.1)a.2. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 16-3848. 2. The Property is located in the LR-1A Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2016 and recommended approval of the CUP based on the following findings: Page 1 of 7 lV� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti *k NO. 6 6 6 9 3. The Planning Commission reviewed this application at a public hearing held on August 15, 2016 and recommended approval of the CUP based on the following findings: a. The Property has 1.43 acres in area and approximately 250 feet in defined width. b. The wall is approximately 80 feet in length and located within a dedicated drainage and utility easement. The wall was constructed by the Applicants' landscapers but was not installed according to the approved site plan, which instead had a proposed a two-tier wall system located more than 5 feet from the lot line. c. The relationship of the wall location to the driveway and neighboring property is such that the approved plan had the wall directly abutting the edge of the driveway, which is allowable by code but creates a less-than-perfect safety condition by creating an immediate drop-off that leaves no room for driver error. This is exacerbated by the minimal size of the driveway due to the site's hardcover limitations. While the wall was not constructed according to the approved plan, it serves the function of retaining earth to allow for a functional driveway while not being located at the very edge of the driveway, which appears to be a safer situation than the approved plan. d. While the wall is very close to the west lot line, the adjacent affected neighbor to the immediate west has stated to the applicant that the retaining wall as constructed does not affect him and that it may serve to reduce drainage onto his property, which he views as positive. e. The wall is of placed boulder construction and needs minimal or no maintenance, so its location so close to the property boundary should not be a factor in future maintenance. If the wall does need reconstruction in the future, it is anticipated that work can be accomplished without access onto the neighboring property. f. The wall location is within the typical 5' dedicated drainage and utility easement along the property boundary. While the City does not generally look favorably on construction of improvements within such easements, the likelihood of the City or a utility company needing to use this easement is minimal at best. In the event that a utility company or the City needs to use Page 2 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL e 6669 `9kFSHO NO. the easement for drainage or utility purposes, any private improvements within the easement are at risk. g. Allowing the wall to remain in place as constructed should be subject to execution of an Encroachment Agreement to be filed in the chain of title. Such Agreement would place this and future owners on notice that if the City and/or utility companies need to access the easement area in the future, the encroaching wall may be disturbed or destroyed in the process and the owner will not be compensated for any damage to the wall, nor will the City be obligated to replace it, but that the owner may replace the wall in kind as long as such replacement does not conflict with the City and/or utility company use of the easement area. 4. Conditional Use Permit Analysis. The City Council makes the following findings with regard to the criteria necessary for the granting of a conditional use permit. (1) The proposed use is consistent with the Community Management Plan (CMP). The proposed use is accessory residential in nature and residential use is consistent with the CMP guiding for this residential neighborhood. (2) The proposed is compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code. Construction of a retaining wall less than 5 feet from a lot line requires a conditional use permit per Article V, Division 3, hence this application. (3) The proposed use is adequately served by police, fire, roads, and stormwater management. The proposed use will be adequately served by existing services and facilities. (4) The proposed use is provided with an adequate water supply and sewage disposal system. This criteria is not applicable to this situation. (5) The proposed use is not expected to generate excessive demand for public services at public cost. This criterion is met. (6) The proposed use is compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future. The retaining wall as constructed is expected to have no detrimental effects on adjoining or nearby properties, and is compatible in visual and functional aspects with the surrounding properties. Page 3 of 7 r �/l �O ♦O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL Ci tiF `,4kES H o4� NO. 6669 (7) The proposed use is consistent with the character of the surrounding area, unless a change of character is called for in the community management plan. The wall as constructed is residential in nature and is consistent with similar features in the surrounding lakeshore neighborhood. (8) The proposed use is compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan. The wall as constructed is residential in nature and is consistent with similar features in the surrounding lakeshore neighborhood (9) The proposed use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses. The wall as constructed is expected to have no detrimental impacts to the neighborhood and is not expected to affect property values. (10) The proposed use will be provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses. The location, orientation and design of the wall as constructed is such that no screening or buffering will be required. (11) The proposed use will not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means. The wall as constructed is not unsightly and is not expected to cause any of these undesirable impacts. (12) The proposed use will not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access. The proposed use will not generate any of these undesirable impacts. (13) The proposed use is designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact. The residential character of the wall as constructed blends well with the neighborhood, and is expected to have no detrimental environmental impacts. Page 4 of 7 �°moo CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�t9k gtiG1 NO. 6 6 6 9 EsuO (14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts. This criterion is not applicable to this situation. (15) Not detrimental to the public health, public safety, or general welfare. The wall as constructed is not expected to have any impact on the health, safety and welfare of the public, and is expected to provide a safer driveway situation for the applicants. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 6. The City Council finds that the Applicants' request 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 hereby grants after-the-fact approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78-967(b)(3) and 78-1405(a)(5.1)c for construction of a 4-foot high retaining wall located less than 5 feet from a side lot line, and grants approval of an encroachment agreement, as said wall is within a dedicated drainage and utility easement where no such walls are normally allowed except by encroachment agreement per section 78-1405(a)(5.l)a.2., subject to the following conditions: 1. This approval is for the wall depicted on the as-built survey attached hereto as Exhibit B. 2. Applicants and City shall execute an Encroachment Agreement to be filed in the chain of title of the Property. Such Agreement shall place this and future owners on notice that if the City and/or utility companies need to access the easement area in the future, the encroaching wall may be disturbed or destroyed in the process and the owner will not be compensated for any damage to the wall, nor will the City be obligated to replace it, but that the owner may replace the wall in kind as long as such replacement does not conflict with the City and/or utility company use of the easement area. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only. Violation of or non-compliance with any of the terms and Page 5 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� � RkESH046 NO. 6 6 6 9 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. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' 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 12th day of September, 2016. ATTEST: Y(2- KdaL e Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner* Pro Owner* * As Trustee of the 2000 Revocable Trust of Janelle K. Shields u/a/d 9/22/2000 Page 6 of 7 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 4, 669 .kESHO STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) el The foregoing instrument was acknowledged before me this r day of February, 2017, by Janelle K. Shields and Michael R. Shields, Trustees 2000 Revocable Trust of Janelle K. Shields, u/a/d 9/22/2000, on behalf of the Trust. a iL MONICA A.FADNESS • NOTARY PUBLIC-MINNESOTA I 4 My Commission Expires Jan.31,2021 J-�ffJ�,lf./��-/�,/YI�✓It.IfII.�I-�Ji„ Notary Pubic Page 7 of 7 EXHIBIT A RESOLUTION NO. 6 40 6 9 LEGAL DESCRIPTION Lot 9; and that part of Lots 10, 11, and 12, Block 1, HILLSIDE PARK, according to the recorded plat thereof, Hennepin County, Minnesota, together with that part of the vacated alley adjoining said Lot 12, lying East of a line described as commencing at the Northwest corner of said Lot 10; thence on an assumed bearing of North 89 degrees 57 minutes 07 seconds East along the North line of said Lot 10 a distance of 307.00 feet to the point of beginning of the line to be described; thence on a bearing of South to the shoreline of Lake Minnetonka and said line there terminating. 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BY 62TE rREINCLIEio CRptN3.0161WBU, , 1444 N}14 ..dP.LO, 01 1188111 MOETMIBAIODULT 1e!WWTT YPRO1 ®0101044Jf ........�.`..,�•...M.er •• aR.Lmxer we >sx /14.4040 Pr BAT11Sa/2.000IBT,HC..Fxm.sSWRRIBINRIIORPAl10N UER,TRx,f •R••••r•• TIM•11r•ROE-11r21y CERTIFICATE OF SURVEY G2E Ro. RV AV f1-M R4•MJ WOAOmnws BMMJr1OIPA,10x OONBIIN,EI N,LLEOIIWTE ME RHO 81xLL 1N9tEHY 4'.fw..mlr. rE. CHEMED BY Bal 30..14 Hour M W%R., °1011""ruTMRE4ER00807.1cor^u lesord0/1, r1�\ ` SATHRE-BERGQUIST,INC. BOa`oe"`"`e"" soJwn ..R 2.w 541-14 Pm....a OM.RwMq• USER•OR PJ gLE6WY RELIPONSIBLE Ep0/41•0000RL BPCRAULTHO �\ \TE im sw,r,BROADWAY w.rL.T..LIN S.5391 lssxrnse°m MINNESOTA O, ASBUILT WT! BRV 1001-11 CRAMP maw. 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IIIIIIIIIII �IIIII� II����I.I�I.II Co �� `%�!�:���������������e.51,5 itt iii'i i s i WV, x 949.0 9 49.5 x 49 9S0 6 .v#4 4titititi :S�������������������,952.0 x 949.8 �.���������i�i�S •i • , , STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on September 12, 2016 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 14th day of February, 2017. 0 I C---7- ----------... City Clerk, Anna Carlson (seal) ...... C,, rp ', "Z' $. .r.",,,,,r: '6.',',', .• 1/ "`: 1 - 4 a le/No 3 Ii Doc No T05428919 Certified, filed and/or recorded on Mar 9, 2017 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 1 Pkg ID 1522733M Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1072420 This cover sheet is now a permanent part of the recorded document.