HomeMy WebLinkAbout1986-08-11 Resolution #2034City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. `034
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19 AND
VARIANCES TO SECTIONS
10.55, SUBDIVISION 8, AND
10.21, SUBDIVISIONS 1 i 2
PILE 01053
WHEREAS, Raymond J. Kosak (hereinafter "the applicant") is
the owner of the property located at 3265 Carman Road within the City
of Orono (hereinafter "City") and legally described as Lot 5, Block 1,
Carman Cove, (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of
Orono per Section 10.03, Subdivision 19 and Section 10.55, Subdivision
8 to permit installation of a new retaining wall and replacement of an
existing wall located within the 75 foot lakeshore protected area and
per Section 10.21, Subdivision 1 and 2 to seek variances for spaced
wooden deck areas located 65 feet from the lakeshore instead of the
required 75 feet, hardcover variances within the 0-75' setback area of
315 s.f. where none is allowed and within the 75-250' setback area of
3,583 s.f. or 28% hardcover where only 258 is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
I. This application was reviewed as Zoning File #1053.
2. The property is located in the LR -1B Lakeshore Residential
Zoning District.
3. The property is approximately 19,985 s.f. or .45 acre in
area.
4. The Oronc, Planning Commission reviewed this application on
July 21, 1986, and recommended approval of the conditional use
permit and variance for the installation of a retaining wall and
replacement of an existing wall based on the following findings:
A) steep slopes within lakeshore yard require retaining
wall to stabilize bank and prevent erosion;
B) current slopes prevent maintenance of green grassed
area;
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 20 .4
C) decrease in hardcover of 1% with type of retention wall
to be constructed;
and to approve variances to the hardcover and setback standards
for lakeshore properties tdsed on the following findings and
hardships:
A) steep sloping topography immediately adjacent to house
requires flat area for safe utilization of pool and rear
yard - access to lake requires reries of access stairs over
steep sl..ped areas;
B) adjacent yards do not have steep slopes as those found
in the applicant's lakeshore yard;
C) the improvements create no view barrier nor do they pose
hazards for neighboring properties;
D) the improvement :foes not alter the character of the
neighborhood and would appear the improvements are similar
to the improvements within other lakeshore properties with
steep sloped lake yards;
E) the proposed improvements will have a positive effect on
the surrounding property values;
F) the location of the 75 foot setback line in relation to
rear of house;
G) the visual impact of structures within 75 foot setback
area is lessened, for property is located on a lagoon and
not visible from main lake.
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
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properties;
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
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
0 i,;
6. The City Council finds that granting a conditional use permit
to allow the installation of retaining walls in applicant's
lakeshore yard .,ill 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 danger to neighboring
properties, nor wil`. it 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Coc'.e Sections
10.21, Subdivision 1 and 2, and Section 10.55, Subdivision 8 to allow
spaced wooden decking and retaining walls within the lakeshore
protected area where no structures, hardcover or land alterations are
permitted and grants a conditional use permit per Section 10.03,
Subdivision 19 to permit the installation of retaining walls within
applicant's lakeshore yard subject to the following conditions:
1. Ground areas under approved decking must remain pervious to
runoff. Any changes proposed in these areas must be approved by
the Orono staff to assure the improvement will not inhibit
penetration and treatment of runoff.
2. Erosion control must be installed at the time the lakeshore
retaining walls are installed. Orono staff to inspect prior to
land alterations.
3. The maximum hardcover on the property shall be as follows:
0-75' setback zone = 315 s.f. or 4.38
75-250' setback zone = 3,583 s.f. or 288
4. The applicant is advised that no additional hardcover above
these limits will be approved, and any future proposals for
additional hardcover might be approved only with concurrent
removals of existing hardcover.
5. Authorities granted by this resolution run with the property
not w4-th 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 the special conditions of this
resolution will expire on that date (August 11, 1987).
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. it
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 applicant has read, understood and hereby
agrees to the terms of this resoluticn 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 11th day of
August, 1986.
ATTEST:
Proper Owner
t1
Mary C. Huger, Mayor
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2039
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of 00 t 4 1 1986
before me a Notary Public within and for said county, personally
appeared���, , , ,tti , < i � .yt <.(, I known to me to be
the persons) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
i
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this
a Notary Public within
"{ - / , -;)
MY COMMISSION EXPIRES
day of . 1986, before me
and for said County, personally appeared
known to me to be ,,he
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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