HomeMy WebLinkAbout1991-03-11 Resolution #2934• • •
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CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2934_ _ _ _ _
FIBDIIIGS
1. These applications were reviewed as Zoning Files #1493 and
#1570.
2. The property is located in the LR-IC Single Family Lakeshore
Residential Zoning District requiring 21»780 s.f. or 1/2 acre in
The property consists of 12^850 s#fe or .29 seres*
3. The Orono Planning Commission reviewed these applications on
February 20, 1990, March 19, 1990, August 20, 1990 and January
22, 1991 and recommended approval of the proposed variances and
conditional use permit based upon the following findings;
Hardcover variances
a. Excessive hardcover resulted from landscaped areas
underlain with plastic that was not considered hardcover at
the time a 1982 survey was completed.
b. Applicant was advised in an earlier 1982 variance
review to maintain gravel drive area to assist in backout
maneuvering from garage.
c. Hardcover will be reduced 66.3 s.f. or 1.47%
75' setback area and 1,022.3 s.f. or 12.3% in the 75 —250
setback area.
After-the-fact average lakeshore setback variance.......................
a. Current neighbors on adjacent properties had submitted
letters noting no problem with location of second story
existing lakeshore deck.
b. Second story deck provides no visual impact or
interference with lakeshore views for residences on either
side because of sloping lakeshore topographies.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 2934_________
Conditional Use Permit/Variance for land alterations
a. Proposed land alterations and installation of retaining
walls will stabilize the steep lakeshore banks and prevent
further erosion.
b. The stability of an existing boathouse will be secured
and minimize erosion of adjacent lakeside bank.
4. 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 variance
would not adversely affect traffic conditlonsr lights 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 appll*
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
5. The City Council finds that granting a conditional use permit
to allow retaining walls within the lakeshore yard 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 danger to neighboring properties, nor will 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.
6. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variances and conditional use permit on the
health, safety and welfare of the community.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2934________
CONCLOSIOHSr ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono Citv Council hereby grants an after-the-fact variance to
Municipal Zoning Code Section 10.22 Subd. 1 for a
per Section 10.22 Subd. 2 approves hardcover variances °
75' setback area and the 75-250' setback area that would
entry addition, retaining walls ^19 and within the lakeshore protected area and per Section 10.03 Subd. 19 and
Section 10.55 Subd. 8 grants a conditional use permit and variance for
the installation of retaining walls within the lakeshore protected
area. Such approvals are subject to the following conditions:
1. All hardcover removals within the 0-75' and 75-250' setback
areas are to be completed prior to footing inspections for new
plan and attached as Page 6^ of this resolution.
2. Applicant to file for an after-the-fact/penalty building
permit for second story lakeside deck constructed sometime in
1982. The City will require penalty fee payment upon issuance or
building permit.
3. A typical section of retaining wall shall be strengthened by
including a lower row of deadman offset from the top row at on
center.
4. Applicant shall be required to provide erosion control f®"®®
between the work areas and the lake. Such erosion control to be
established prior to any land alteration.
Ly channeli^^ wat^V “tnd" create ‘furthermay cnannts xxite - - - - - - --- ofApplicant is responsible for the repair and maintenance of this
retaining wall and any land areas disturbed by further erosion in
order to protect quality of run-off into Lake Minnetonka.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2934__________
6. Authorities granted by this resolution run with the property
not with 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 (March 11, 1992).
7. 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.
8. The undersigned applicant has read, understood and hereby
agrees to the terms of this resolution 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
March, 1991.
JL
Barbara A. Peterson, Mayor
(jL,Co
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
11th day of March, 1991, by Barbara A. Peterson 6 Dorothy M. Hallin,
Mayor & City Clerk of the City of Orono, a Minnesota municipal
'^iSlWlwS COUHTJL
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.2934
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
On this
before ni(
appeared
day of 199 /
Public within and for said county, personally
- i 1/1 A .. . : . >4/1 known to nie to ^ be[ j )nj tUCit'l'i€cj^ .— — ~~i-„
apfcica.1.cvgli./.V- y* 7'■ ■l 'TI ■ ■ —«nd w^' executed the foregoing
■ lia acdwledge^ that he (they) executed the .a:ne as
his (their) free act and deed.
notary public
THIRISA L. NAAB
NOTAIIY PUMJO • •*;:.NESOTA
HENNEPIN COUNTY
exp IRB?
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
j f , 199_f before me
rn'ottr y PubUo withTn and°for said county,^ "^e'the
llaThr°tTeyTsLcute"j"t"s his
ft ^ _(their) free act and deed.
NOTARY POBLiC
my COMMISSION EXPIRES
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