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Home My WebLink AboutResolution 6367 . , . . � O� O r,� , O CITY of ORONO � �� -1 ,�' '��, � RESOLUTION OF �HZ LIT7 COUNCIL �� .;�" G,�, NO. J v ��kESH�g'� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AMENDMENT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3612 WHEREAS, John B. Corness and Barbara G. Corness, a married couple (hereinafter "the Appiicants") are the owners of the property located at 4395 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as: Lots 3, 4 and the west '/z of Lot 5, Saga Hill Revised, Hennepin County (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono to amend the conditional use permit (hereinafter the "CUP") approved via Resolution No. 6307 on August 12, 2013 and pursuant to Orono Municipal Zoning Code Section 78-966 in order to conduct minor land alterations within 75 feet of the lake for repair of a ravine created by storm water erosion and to create an armored swale directing storm water toward the lake 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 January 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 1. This application was reviewed as Zoning File number 13-3612. 2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on January 21, 2014 and voted 6 for and 0 against on a motion to approve the CUP amendment. The Planning Commission finds that the following factors support the granting of the requested CUP amendment: a. The Property contains 61,329 square feet in area and has a defined width of 162-feet at the lake and 162-feet at the 75-foot setback. Page 1 of 4 � o� O �� O CITY of ORONO - �,�� = � �� tiY�.=�'; � RESOLUTION OF THE CITY COUNCIL �� G� No. 6367 a ' �kESH�g'� b. A new residence home was constructed on the Property in 2013. c. The Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties. d. The Applicants have provided a landscape plan which will serve to screen and mitigate views of the overflow swale from the lake. The subterranean walls by their very nature will be below ground with vegetative cover and therefore not visible. i. The Applicants' proposed plan has been designed in a way which offers screening of the swale with a natural-looking slope as viewed from the lake. ii. The proposed overflow swale and subterranean ravine repair walls will be hidden behind vegetative screening when viewed from the lake. e. With a total of 13% overall hardcover, the Property will conform to the hardcover limitations of a Tier 1 lot. f. The Applicants' proposed grading for the ravine repair within the 75-foot setback will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. g. The proposed plans for the subterranean retaining walls have been certified by a registered professional engineer licensed in the State of Minnesota. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. i. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. 4. 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 CUP amendment on the health, safety and welfare of the community. Page 2 of 4 � o� O �� _ O CITY of ORONO ;��, +-� � -� � RESOLUTION OF THE CITY COUNCIL �'� ' '�� G� No. 6367 ��kESH�g'� 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 amendment to the CUP 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 amends the CUP approved via Resolution No. 6307 on August 12, 2013 and pursuant to Orono Municipal Zoning Code Section 78-966 in order to conduct minor land alterations within 75 feet of the lake for installation of sub-grade retaining walls in order to stabilize and repair a ravine created by storm water erosion and to create an overflow swale directing storm water toward the lake on the Property; subject to the following conditions: 1. Council approval is based on the survey and plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved survey/site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage limitations will also be met. 3. All other findings, conclusions, and conditions of Resolution No. 6307 shall remain in effect. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the project and commencing construction of said project within one year of the date of Council approval, or the CUP will expire on that date (February 24, 2015). 5. 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. 6. 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. Page 3 of 4 � o� O ��= O CITY of ORONO a�,_ � � � .�z,�; � RESOLUTION OF THE CITY COUNCIL �� G'�' NO. � � L 7 �kESH�4 Adopted by the Orono City Council on the 24th day of February, 2014. ATTEST: � ,C�c.�.� �� (' L.-�:c'��;�._, �.�rr� ��,► � Rachel Dodge, City Cierk Lili Tod McMillan, Mayor /�� f � �, perty Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2�`' day of J�!L— , 2014, by John B. Corness, husband of Barbara G. Corness. w�ww� Q�� BARBARA(3.SILUS a-� NO�ARYPUBLIC-MINNESOTA Notary Public My Comtrxssi0n ExPi►e�JM►.31,� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2`f day of J�-e-�; 2014, by, Barbara G. Corness, wife of John B. Corness. � � BARBARA G.SILUS �� NOTARY PUBLIC•NMNNESOTA Notary Public My Commiss�on Expiros b^.31,2018 Page 4 of 4 , . � � 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 February 24th , 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand fficially as such City Clerk and the corporate seal of the City this��day of , 2014. L,�4._ C �' �GCC...�_ City Clerk