HomeMy WebLinkAbout1997-05-12 Resolution #3898CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ^>^98
A RESOLUTION GRANTING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND GRANTING A
CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISIONS 19 THROUGH 21
FILE NO. 2222
WHEREAS, Joseph Vochko (hereinafter the "applicant") has an interest in the
property located at 2925 Casco Point Road within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 96, Spring Park, and that part of vacated Lakeshore Avenue accruing thereto,
Hennepin County, Minnesota (hereinafter the "property"); and
WHEREAS, the applicant has applied to the City for a variance to Municipal Code
Section 10.22, Subdivision 2 to allow an increase in hardcover from 270 sq. ft. (4.8%) to 390 sq.
ft. (8.6%) where no hardcover is allowed. Further, applicant has applied for a conditional use
permit per Section 10.03, Subdivisions 19 through 21 for land alteration in the Shoreland District
to install a boulder retaining wall.
NOW, THEREFORE, BE IT RESOLVED by the City CouncU of Orono,
Minnesota:
FINDINGS
1.
2.
This application was reviewed as Zoning File #2222.
The property is located in the LR-IC Zoning District where one-half acre is
required. The property is sewered.
3.
4.
This is an after-the-fact variance and conditional use permit application.
The Orono Planning Commission reviewed this iq>plication on April 21, 1997 and
recommended approval of the proposed variance and conditional use permit based
upon the following findings:
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CITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 9 8
A. The steep topography of the lot requires a stairway to access the lake front.
B. Construction activities will include excavation and placement of boulders
along the shoreline.
5. The 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 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 applicant;
and would be in keeping with the spirit and intent of the Zoning Code and
Comprehensive Plan of the City.
6. The City Council finds that granting a conditional use permit to allow proposed
installation of a retention wall will not be detrimental to the health, safety or
general welfare of the public, would not adversely affect light, air nor pose r 're
hazard or other danger 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 to allow a hardcover
variance for boulder retaining wall and stairway in the 0-75* setback to increase hardcover from
220 s.f. or 4.8% to 390 s.f. or 8.6% where no hardcover is normally allowed and has requested
a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 through 21
for land alteration in the Shoreland District. The above conditional use permit and variance to
allow the construction of a stairway and installation of a boulder retaining wall sul ect to the
following conditions:
1.The voids betw-een the boulders shall be filled with vegetative growth to prevent
piping and erosion.
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'‘9m\L\Um kc
C8HO
GITYofORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 8 9 8,
2. Boulder-to-boulder contact shall be established during construction. If the boulders
come loose in the future, they shall be replaced in their original position.
3. If the boulders do not remain in place, then the boulders shall be restrained and
pinned into the hillside.
4. If the boulders do not retain earth after reinforcement, the conditional use permit
shall be amended and the concrete retaining wall referenced in the 3/20/97 letter
from GME consultants shall be constructed.
5.
6.
7.
8.
The boulder retaining wall shall be annually reviewed by the Building Official to
determine compliance with the conditional use permit.
Authorities granted by this resolution run with the property not with the owner, but
are permissive only and must be exercised by application for a land alteration
permit within oik year of the date of Council's approval, or the special conditions
of this resolution will expire on that date (May 12, 1998).
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.
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 12th day of May, 1997.
ATTEST:
lorothy MTHallin, City Clerk GabrVl Jabbour, Nlayoi
►perty Owner(s)
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. S 8 9 8
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
The foregoing instrument was acknowledged before me on this 12th day of May,
1997 by Gabriel Jabbour 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.
JAMKLBOSMA
WttlWWWC- NBMBW COUNTY
MirOiwNamEiotwiJtSi
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
On this \ ^**^*^^ day of ^YVLAaa^______
within and for said County, personally appeared /
known to me to be the person(s) described in anflj^io ixecuted the foregoing
acknowledged that he (they) executed the same a^is (their) free act and deed
, 199 7 . before me a Not^ Public
ig instnii^nt, and
m
JAMIE L. BOSMA
NoiMvnieLc
HOM01N COUNTY
MyComtniisl«&^jn.st.Notar^^^
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
ss.
On this day of , 199___, before me a Notary Public
within and for said Ccunty, personally appeared ____________________^______________
known to me to be the person(s) described in and who executed tlw foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
Notary Public
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