HomeMy WebLinkAboutResolution 1132 .
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C�t� of ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. _ 1132
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A RESOLUTION Ai�THORIZING CONSTRUCTION OF A PRIVATE
DRIVEWAY IN A PI,ATTED UNDEVELOPED ALLEY AND REQUIRING
COP.RECTION OF EXISTING PARI:ING AND ACCESS SAFETY PROBLEMS
WHEREAS, David Butler of 4685 North Shore Drive has requested
permission to construct a prieate driveway within the platted right-of-
way of an existing undeveloped alley abutting his property, Lots 77 and
part of 78 , Tonkaview Gardens; and
WHEREAS , after review by the Planning Commission and City staff,
the City Council hereby makes the following findings of fact:
l. The Butler residence was expanded and remodeled from
an existing small cabin after receipt of zoning variances
issued in 1976 and again in 1978 (file nos. 194 and 382) .
2. Original vehicle parking was provided on the right-of-
way of North Shore Drive (Ctv. Rd. 19) with only an
intermittently used trail down the steep hill to the cabin.
3. Upon remodeling of the home, an attached garage was
built and a driveway (western driveway) was paved dowm the
hill to the house. No permit was issued for that work by
Hennepin County.
4. Sometime after i.nitial driveway construction, a second
(eastern) access was built in an attempt to provide easier
driving up the hill_ Again, no County permit was issued.
5. On August 18, 1377 , Hennepin County wrote a letter to
Mr. Butler noting the driveway work and asking for a permit
application to be made. Concerns noted were the grade on
the driveway, parking within the County right-of-way and the
number of driveways for a limited amount of frontage_
6. On January 18, 1980, Mr. Butler made a conditional use
application to the City to build a third entry driveway to
his residence, this one along a platted undeveloped alley
running down the hill to Rest Point Road. The conditional
use permit is required for grading by Section 31. 705. The
stated purpose of t�e driveway would be to allow all-weather
vehicle access to the attached garage by one-way travel down
the hill from County Road 19 to the garage and thence down
hill to Rest Point Raad.
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_ C�t� of ORONO
RESOLUTION OF THE CITY COUNCIL
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7. Inspection by the Building Inspector, Zoning Administrator,
Planner, Police Chief, and by Hennepin County Traffic �Engineers
all recommended approval of the request subject to closing of
the second (eastern) driveway as built without a County permit
and to abandonment and restoration of the existing parking on
the right-of-way. The eastern driveway would be replaced by
the new driveway to Rest Point. The existing parking area
is a violation of Orono Zoning Code Sections 38 . 201 and 38 . 241 ,
is a sight hazard for anyone attempting to use the western
driveway and is clearly hazardous because of the backing
movement required directly onto the County r.oad. In addition,
the availability of the new driveway will permit all-weather
use of the existing conforming on-site parking area and
attached garage.
8. Construction of the new driveway within the alley would
require relocation of a neighbor' s encroaching garbage
% container and has the potential for drainage and/or erosion
problems k�ecause of the steepness of the hill.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono hereby grants the requested Conditional Use Permit for
grading, filling and construction of a private driveway in the stated
public alley, subject to the following conditions :
l. Closing and restoration of the existing eastern driveway
- to County Road 19.
2. Closing and restoration of the existing parking area
along County Road 19 . All site parking shall be off-street
parking located in conformance with all zoning code
requirements.
3. Acquisition from Hennepin County of a driveway permit
for the existing western driveway to County Road 19.
4 . Completion of a Developer' s Agreement, providing all
engineering plans and specifications necessary to allow
the City Engineer to approve the final new driveway design
prior to construction.
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
� NO. 1132
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5. Payment of all engineering review fees as provided
by the Developer ' s Agreement.
6. Undertaking of all construction activities in a manner .
to minimize erosion and siltation, to prevent damage to
abutting property and to prevent washing of mud or silt
onto the public road.
7 . The applicant shall sign a permanent Hold Harmless
Agreement providing protection to the City against all
claims arising from the construction, use or maintenance
of said new driveway.
8. The applicant shall assume all permanent responsibility
for maintenance of said driveway.
Adopted by the City Council of the City of Orono on the
14th day of April , 1980.
�'�,
William B. Van Nest, Mayor
ATTEST:
!�'�
Walte R. Benson, City Administrator
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