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Home My WebLink About#3707 - Variance r . � O 1 O O - ��e- - C ITY of ORONO � F �� G'�' RESOLUTION OF THE CITY COUNCIL �`9 4�' NO. e� Y� �� `;? kESHO A RESOLiJTIUN GRANTING A VARI�IVCE T() I�-1UNICIPAL ZOI'�11NG CODE SE�TION iU.22, �LiBDIVIS�ONS 1 (�3) AND 2 A�1D A CONDITIUNAL USE PERi�1IT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2117 WHEREAS, Thomas R. McCune and Martha H. McCune (hereinafter the "applicants") are owners of the property located at 1473 Bay Ridge Road within the City of Orono (hereinafter "City") and legally described as follows: �xhi�it A attached (hereinafter the "property"); and WHEI�AS, the applicants have applied to tlle City for variances t� Municipal Zoiiitig Code Section 10.22, Subdivisians 1 (B) ansl 2 to permit the construction of two-tiered retaining wall located 69' from the Ordinary Higli Water Level of Lake I�linnetonka where a 75' setback is required. The proposed 'unprovement will result in an increase in hardcover of 90 s.f. or 15.6% where 24 s.f. or 4.1% exists resulting in a total of 114 s.f. or 19.8% hardcover where none is allowed. Applicants have also applied for a conditional use permit per Section 10.03, �ubdivision 19 that would allow for the installation of a two-tiered retaining wall at a maximum height of 8'. NOW, THEREFORE, BE IT RESOLVED by the City Council af Orono, Minnesota: -- FINDINGS 1. This application was reviewed as Zoning File #2117. 2. The property is located in the LR-lA Single Pamily Lakeshore Residential Zoning District. 3. The Orono Planning Com.mission reviewed this application on March 18, 1996 and recommended approval of the variances and conditional use permit as proposed based upon the following unique findings and hardships: Page 1 of 6 � °� 0 0 �b- � C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�S�`� NO. � ""� � � a. T}lere is a section of a two-tiered retaining wall at an approximate 8' height that runs f�r a distance of 24' along the east lot line of the property. b. The existina two-tiered retaining wall �vas installed in 1987 because of severe erosion resulting from back to back 100 year storms. c. The properties to the immediate north also installed two-tiered timber retaining walls in ].987 to sustain bank adjacent to County Road right-of- way. d. There are visual signs of erosion of the 90' of banl: that remains unprotected. e. There is an existing 2-3' liigh timber wall that has been installed within the unprotected bank that is in a severe state of deterioration. f. The enaineer has approved the engineering plans for the timber wall construction per engineering report by GME Consultants Inc. dated February 29, 1996. 4. The Council finds that the conditions existin� 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, lijht, air nor pose a fire -- hazard or ather danger to neighboring properties, 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. j. The City Council finds that aranting a conditional use permit to allow the installation of a two-tiered timber retaining wall 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 danaer to neighboring property, 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. PaQe 2 of 6 � °� _ 0 0 �-b- - CITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCII �9kESH0�'� NO. � �%� � `�� CO�'CLUSIO'�`S, ORDER AI�`D CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby gran�s variances to Municipal Zanin� Code Section 10.22, Subdivisions 1 (B) and 2, and a conditional use permit per Section 10.03, Subdivision 19 to permit L�e insta?lation of a t«�o-tiered timber retaining wall at a maximum height of 8' and grants a lakeshore setback variance of 6' or 8% and a hardcover variance of 114 s.f. or 19.8%, subject to the following conditions: 1. Prior to the City issuing a building permit for the construction of the retaining walls, applicants shall provide the following infarmation to the City: A: Pernlit from Hennepin County Department of Transportation for work conducted within County riQht-of-way. B. Applicants' contractor to submit information on structural capacity of Helix Earth Anchors for review of City En�ineer. C. Permit application to include planting schedule for plantings to be installed at first and second tier of retaining walls. 2. Applicants' contractor shall contact City staff at least 48 hours before installation of retainin; walls. Applicants shall also be responsible for installin� erosion control prior to construction and until walls are constructed and ground cover restored. 3. Authorities granted by this resolution run with the property not with ttie owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (March 25, 1997). Pa�e 3 of 6 � °� __ 0 0 �e - C ITY of ORONO � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. —e� `� � '� 4. Violation of or non-coi7lpliance =.�ith any of the terms and conditions of this resolution sha:l constitute a vielation of the Zonina Code, shall automatically ternunate any auth�rity aranted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby a�ree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby ab ee to the recordin; of this resolution in the chain of title of the property. Adopted by th� Orono City Council on this 25th day of March, 1996. ATTF,ST: • �� " � / . � �, �, � � ��,i�� _ � • �r�� .-. othy lin, City Clerk Edward J. Calla f n, Jr., �Sayor � � F� � CLf�I. �`-� ' '�L � -� - ., ; L(� - Z�� C- = - ;� Pr perty Owner(s) STATE OF MINNESOTA ) -- ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledaed before me on this 25th day of March, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of t:ze City of Orono, a Minnesota municipal corporation and said instrument was executed on behaif of the City. /G' . ,s :9 , C i ��'�i�il�% - CAROLE A.HASEMAN �— '�f`., NOTARY PUBLIC-MINNESOTA Notary Public � ',,�� HENNEPIN COUNTY n My Commission Expires Jan.31.2 00 ef. .E':`��;�� ..: <=.�o� Page 4 of 6 � o� 0 0 �e- - CITY of ORONO � � �� ,'�' RESOLUTION OF THE CITY COUNCIL �9kESH�4� NO. � �� f(� "1 ST'ATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 199��, before me a Notary Public On this ;.��'� day of�-,,�: � _ within and for said County, personally a peared t j� � ��„=_ r; ��.^_I�% �r�o, ��-''�" �,'� 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. � � CAROLE A.HASEMAN l��{" f��'� "' ��`-' � NOTARY PUBLIC-MINNESOTA �o�ry Public HEWNEPIN COUNTY "+-��•°� My Cammission Expires Jan.31,2�00 ST'ATE OF' MIN�IESU'fA ) � SS. CUL'NTY OF HENN�.PIN ) On this /(-�" day of � , 199�, before me a Notary Public within•and for said County, personally ap eared �/ �� -�e ` ��^ �_ ry�ar r��d known to me to be th� gers�n(s) described in and who execu[ed the foregoin� instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �� = � l (- ,l ,� 9� �� .a�.s-� — -- �i`"`� � Notzry Public ? CAROLE A.HASEMAN h, � � NOTARY PUBUC-MINNESOTA �° o,'�' H6NNEPIN COUNTY My Commission Exp�res Jan.31,2�00 Paae 5 of 6 �� - E�chibit A 3 � � � � Leaal Description (As contained in Certificate of Title No. 74093) Tracts E and N, ReQistered Land Survey No. 192> Files of Reaistrar of Titles, County of Hennepin, State of Minnesota. Toaether with an easement for driveway purposes over Tracts J, K, L, M, O, P, Q �d R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of Registrar of Titles; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc. No. 569269, Files of Reaistrar of Titles; Subject to a public easement in the Highway known as County Road No. 7 as to Tract E; Subject to the por[ion of said land between the a gh waQer omar e��te of Minnesota to k of Lake Minetonka to the public ri�ht, includm� the n`ht , use or reclaim said portion for any public purposes now authorized by law; (as to Tract E). Also known as PINS No. 10-117-23 34 0005 Page 6 of 6 ._ •