HomeMy WebLinkAboutResolution 5498O
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• CITY of ORONO
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�� G~ RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 78-1286
FILE NO. 05-3147
WHEREAS, Steven R. Sundby and Janna S. Sundby, husband and wife
(hereinafter "the applicants") are the owners of the property located at 3587 North Shore
Drive within the City of Orono (hereinafter the "City") and legally described as follows:
That part of Lots 8 and 9, Block 2, `BALDUR PARK", Hennepin County,
Minnesota lying South of the Southeasterly line of County Road No. 51
(hereinafter the "property"); and
WHEREAS, the applicants have made application to the City of Orono
for a conditional use permit per Orono Municipal Zoning Code Section 78-1286 to allow
land alterations within 75' of the 929.4' elevation of Lake Minnetonka consisting of
replacement of existing retaining walls.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
This application was reviewed as Zoning File 05-3147.
2. The property is located in the LR — 1C Zoning District which requires a
minimum lot area of 0.5 acres and a minimum lot width of 140' at the
shoreline and 75' lake setback. The lot has an area of 0.14 acres, a width
of 108' at the shoreline and 62' at the 75' setback line, and contains an
existing residence.
3. The Planning Commission reviewed this application at a public hearing
held on July 17, 2006 and recommended approval of the proposed plan to
replace the retaining walls based on the following findings:
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��`9kES80 NO. 5 4 9 a
a. The existing wood retaining walls have deteriorated but are necessary
to support the existing driveway and garage apron located immediately
above the wall system. The applicants have no alternatives other than
replacement of the walls to allow continued vehicle access to the
property.
b. The applicants have submitted engineering detail work sufficient to
confirm that the proposed two-tier boulder wall system will be capable
of supporting the existing driveway apron.
c. The applicants have proposed to provide vegetative screening of the
boulder walls via the use of perennial plantings to soften their
appearance as viewed from the lake.
• 4. The City Council has considered this application including the findings
and recommendation of the Planning Commission, reports by City staff,
comments by the applicants and the public, and the effect of the proposed
conditional use permit on the health, safety and welfare of the community.
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 conditional use permit would not adversely affect
traffic conditions, light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as a convenience to the
applicants, but is necessary to alleviate a demonstrable hardship or
difficulty; is necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and intent 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 a conditional use permit per Orono Municipal Zoning Code Section 78-1286 to
allow land alterations within 75' of the 929.4' elevation of Lake Minnetonka consisting
• of replacement of existing retaining walls, subject to the following conditions:
Page 2 of 5
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1��
CITY of ORONO
vF RESOLUTION OF THE CITY COUNCIL
NO. 5498
1. Council approval is based on the site plan submitted by the applicants and
annotated by City staff, attached to this Resolution as Exhibit A, and the based on
the engineered design by Michael R. Johnson, P.E. of Civil Solutions Group LLC
dated July 17, 2006. Any amendments to the site plan and design which are not in
conformity with City codes will require further Planning Commission and City
Council review.
2. This approval is subject to compliance with the recommendations of the City
Engineer. A land alteration permit must be issued through the Building
Department prior to any site work. Appropriate erosion control measures shall be
in place prior to commencement of construction.
3. The applicants shall provide a planting plan in accordance with their proposed
perennial garden establishment for staff review and approval prior to issuance of
the land alteration permit.
• 4. Hardcover shall remain at the levels approved in City Council Resolution No.
5429 adopted February 27, 2006.
I*
5. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by obtaining a land
alteration permit for the replacement wall system within one year of the date of
Council approval, or the conditional use permit will expire on that date (August
28, 2007).
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 applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the applicants and the applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the property.
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ATTEST:
CITY of ORONO
RESOLUTION OF TH6 5IT $COUNCIL
NO.
Adopted by the Orono City Council on the 28th day of August, 2006.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this_ day of
c --i L, 2006 by Barbara A. Peterson, Mayor of the. City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City:
N1
JACQUELYN M
Notary Pty; fic•Minne.sata
•..• My COWLI*n P—Vires Jan 31, 2010
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this f Sday of
<,, 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
RACHEL DODGE
' NOTARY PUBLIC - MINNESOTA
F/.) 5sCIl Fx(nfn6 inn ;l, 7!',1n
Page 4 of 5
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 4 9 8
This instrument was acknowledged before me thisi V day of ac. , 2006
by Steven R. Sundby, husband of Janna S. Sundby.
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
This instrument was acknowledged before me this A day of Oe-hk,- , 2006
by Janna S. Sundby, wife of Steven R. Sundby.
DENISE M. LESKINEN
NOTARY PUBLIC - MINNESOTAotary Public
My Commission Expires Jan. 31, 2010
Page 5 of 5
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