HomeMy WebLinkAbout1995-02-13 Resolution #3520CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 5 20
CtfP’
A RESOLUTION GRANTING
A CONDITIONAL USE PEI^flT
PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19
AND A VARIANCE TO SECTION 10.55, SUBDIVISION 8,
AND SECTION 10.22, SUBDIVISION 1 (B)
FILE NO. 1986
WHEREAS, David J. Yorks (hereinafter the "applicant") is owner of the property
located at 2825 Casco Point Road within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 117, Spring Park, including that part of Lakeshorc Avenue, vacated, and that
part of the land between said vacated avenue and the shore of Lake Muinetonka
lying between the sidelines of said Lot 117 extending to the shore of Lake
Minnetonka, Hennepin County. Minnesota (hereinafter the "property"); and
^VHEREAS, the applicant has applied to the City for an after-the-fact conditional
use permit and variance that would allow the reconstruction of a retaining wall within the
lakeshore yard per Municipal Code Section 10.03, Subdivision 19, a conditional use permit is
required for the installation of retaining walls and per Section 10.55, Subdivision 8, and 10.22^
Subdivision 1 (B) the wall is located within the lakeshore protected area installed at a 25’ setback
from the shoreline where no such structures are allowed
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
1.
2.
FINDINGS
This application was reviewed as Tuning File jjfl986.
The property is located in the LR-IC Single Family Lakeshore Residential ^ning
District requiring 21,780 s.f. or one-half acre in area. The property consists of
14,835 s.f. or .34 acres.
3.The Orono Planning Commission reviewed this appli^tion on January 17, 1995
and recommended approval of the after-the-fact variances and conditional use
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CITY of ORONO
RESOLUnON OF THE CITY COUNCIL
NO. 8 5 20
«BH«’
4.
5.
pennit per Zoning Code Sections 10.03, Subdivision 19,10.55, Subdivision 8 and
10.22, Subdivision 1 (B) to permit the 5-8 ’ high replacement retaining wall on the
property, based on the following findings:
a.The lakeshore lot has a steep sloping lakeshore bank and at tht w '‘p or
ridge of the bank an old timber retaining wall had been installed sometime
in the 1950 ’s.
b.At the site inspection in November of 1994, the City staff a^ City
Engineer confirmed that the former wall was in a serious state of disrepair
and needed to be replaced prior to the spring thaw and rains of 1995.
c.The wall could not be replaced in the winter months because of the
condition of the soils.
d.If the wall was to fail, this would involve the major collapse of the
applicant’s lakeshore bank and the loss of several mamre plantings.
e.Existing mature plantings have been saved during the reinstallation of the
second retaining wall providing screening from the shoreline.
f. The wall has been installed per the standards set forth by the manufacturer
aiid under the directives of the City Engineer.
The Council finds that the conditions existing on this propeity 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, light, air nor pose a
fire hazard or other danger to neighboring properties, would not merely serve m
a convenience to the applicant, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of t^
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
The City Council finds that granting a conditional use permit to allow the
installation of a 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
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CITY of ORONO
m RESOLUTION OF THE CITY COUNCIL
NO. 8 5 2 0
<800
hazard or other danger to neighboring property, nor will its use depreciate
surrounding property values and that the propos^ 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 Code Sections 10.22, Subdivision 1 (B), and 10.55,
Subdivision 8, and grants a conditional use permit per Section 10.03, Subdivision 19 for tte
installation of a 5-8’ retaining wall that replaces a former timber wall at the lakeshore bank,
subject to the following conditions:
1.Authorities granted by this resolution run with the property not with the owi^r,
but arc permissive only and must be exercised by application for a building
permit within one week of the date of Council ’s approval, or the special
conditions of this resolution will expire on that date (February 20, 1995).
2.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.
3.The undersigned applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors ai^ assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
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CITY of ORONO
RESOLUnON OF THE CITY COUNCIL
NO. 3 5 20_____
Adopted by the Orono City Council on this 13th day of February, 1995.
^ A f A
thy M. ^m. City Clerk JV^Diann Goettea#Acting Mayor
/
Property (^ner
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing marfumen. _ . r
February. 1995 by Edwaid J.*^ainui,-ff. and Dorothy M. Hallin.^Mayor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
ment was acknowledged before^ie on this 13 th day of
in
/7. ^2.
Notary Public
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a --------A< II wtiawri &ta«/It«1.tvtrau
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 5 20_____
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of j
within and for said County, personally flp|v»ar«»^ ^ ^ ^
, 1996* . before me a Notary Public
known to me to be the person(s) described in and who exectjfed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
f/WblicNotary^]
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
Qnthis /Cr/»i day of Urrr^k 199_^, before me a Notary Public
within and for said County, personally appeared flruU y. rytamcd.
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.
Notary Public
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