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Home My WebLink AboutResolution 5322 � °� : ! o ° �= CITY of ORONO � a � ; � , ti ti � RESOLUTION OF THE CITY COUNCIL ��`9kESH.�g'�G NO. � � � c-� A RESOLUTION GRANTING VARIANCES TO MUNICTPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1286 FILE NO. OS-3074 , WHEREAS, Sean S. Wambold and Melissa Wambold, husband and wife (hereinafter "the applicants") are the owners of the property located at 1379 Park Drive within the Cify of Orono (hereinafter the "City") and legally described as follows: Lots 13, 14 and 15, Block 6 and Lots 14 and 15, Block 7, in Saga Hill Revised, • together with that portion of Vacated Oak Place lying between the extensions � Southeasterly across it of the Northeasterly line of Lot 13, Block 6 and the Southwesterly line of Lot 15, Block 6. Also together with that part of vacated Forest Boulevard as dedicated in the plat of "Saga Hill Revised, Hennepin County, Minnesota" which lies _ between the Northwesterly extensions across it of the Southwesterly line of Lot 15, Block 6, "Saga Hill Revised, Hennepin County, Minnesota" and the Northeasterly line of Lot 13, said Block 6,Hennepin County, Minnesota(hereinafter the "property"); and , WHEREAS, the applicants have made application to the City of Orono for variances and conditional use permit to Orono Municipal Zoning Code Sections 78- 1288 and Section 78-1286 to allow retaining walls within 75' of the OHWL of Lake Minnetonka and within the 75'-250' zone requiring haxdcover variances for both the 0- 75' and 75'-250' zones and a conditional use permit to allow grading within 75' of the OHWL. NOW, THE�FORE BE I�' RESOL�EI) by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#OS-3074. • 2. The property is located in the LR-1B, One Family Lakeshore Residential District, which requires a minimum lot area of 1.0 acres. The applicants' property is 1.3 acres in total area. Page 1 of 6 . , . � °� • o � � � 3 CITY of ORONO , � � � ��, - ti ti RESOLUTION OF THE CITY COUNCIL ��`�kE5804�G N O. e5 � � � 3. The Planning Commission reviewed this application at public hearings held on January 18, 2005 and February 22, 2005 and recommended . approval of hardcover variances and a conditional use permit based on the following findings: a. The square footage of the retaining wall within the 0-75' zone is equivalent to the square footage of an allowed stair access. b. The retaining wall within tlie 0-75' zone will accommodate a grassed ramp to the lake yard to allow for access of lawn maintenance equipment for maintenance of the grassed lake yard. c. The retaining walls within the 75'-250' zone will assist in • maintenance of storm water on the applicants' property and will assist in reducing erosion of the neighboring property's hillside. d. The existing retaining walls were installed by a previous property owner without City authorization and the applicants are attempting to bring the non-compliant 0-75' and 75'-250' zones closer to compliance with hardcover regulations. e. The total reduction in hardcover for the 0-75' zone as a result of this . approval is 695 s.f. for a total0-75' hardcover of 240 s.f. or 2.11%. � f. The total reduction in hardcover for the 75'-250' zone as a result of this approval is 1241 s.f. for a total 75'-250' hardcover of 6,952 s.f. or 26.3%. g. The 0-75' retaining walls should be shielded from views from the lake by vegetative screening. 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 variances and conditional use permit on the health, safety and welfare of • the community. Page 2 of 6 . o,�,. . � , . � +� o >> ° � � C ITY of ORONO � � -, . ti ti � RESOLUTION OF THE CITY COUNCIL ��`�k'ES�I�g'�G ' NO. .� � � � 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 variance and 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 deinonstrable 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 hardcover variances and conditional use permit to Orono Municipal Zoning Code Sections 78-1288 and Section 78-1286 to allow grading and retaining walls within 75' of the OHWL of Lake Minnetonka and a hardcover variance for the 0-75' and 75'-250' zones to allow retaining walls, subject to the following conditions: 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. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 2.11% or 240 s.f. The applicants are advised that this non-conforming hardcover is counted towards the 75'-250' zone hardcover allowance when determining allowable amount per zone. Hardcover in the 75'-250' zone shall be limited to 6,952 s.f. or 26.3% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any firture requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover • surfaces. . 4. Required removals of structure and hardcover shall be completed by July 1, 2005. Page 3 of 6 � . , � °� � - • . o �� ° . S C ITY of ORON4 ,� . ; � n � ti RESOLUTION OF THE CITY COUNCIL ��`9k'ESI3�4�G NO. � � � �;� 5. The retaining walls within the 0-75' setback zone shall be shielded when viewed from the lake by vegetative screening. 6. Authorities granted by this resolution run with the property not with the applicants, but are pennissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (May 9, 2006). 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violatioii of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 9t" day of May, 2005. ATTEST: � � v � �� Linda S. Vee, City Clerk Barbara A. Peterson,Mayor �� _�- �� ti��- • � Property Owner(s) • � � Page4of6 ., . o.�,. � � � � o � � S � CITY of ORONO � _ � n � ti RESOLUTION OF THE CITY COUNCIL ��`9kESSOg'�G N O. �..� `� °� STATE OF MINNESOTA COUNTY OF HENNEPIN Tl�e foregoing instrument was acknowledged before me on this� day of ,��, , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. /'l ota'ry`'�ublic / � ..�y�.. .. "��JACQIIELYN (�, Y�UNQ ,�(Votary Public-Minnasota �-` MY Co►rxNsaton E�Ires,k,n 31,2010 • • • ,,,-... '�st : � STATE OF MINNESOTA;� �` � � COUNTY OF HEN�I�PIl�1:.� �� '� �'��,��.'F . The foregoing instrument was acknowledged before me on this jD day of �, 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. � ,e.�_ /��- . Notary Public RACHEL DODG� ; NOTARY PUBLIC-MINNESOTA •.,,,;:� My Commission E�cpires Jan.31,2010 • Page 5 of 6 " ` O� � � � � � � . . - a CITY of ORONO a , _ �► a � ti RESOLUTION OF THE CITY COUNCIL ��`�k'ES�I�4�G NO. a� � � � � STATE OF MINNESOTA . COUNTY OF HENNEPIN This instnunent was acknowledged before me this�day of � , 2005 by Sean S. Wambold,husband of Melissa Wambold 7-.-- r , DENISE M. LESKINEN � " NOTARY PUBLIC-MINNES07A ;,,,:. My Commission Expires Jan.31,zo�o Notary Public • STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�Q day of , 2005 by Melissa Wambold,wife of Sean S. Wambold. DENISE M. 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