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Home My WebLink AboutResolution 5350 ,� ..�� . • � �. � � CITY of ORONO � � ti �',� G'�' RESOLUTION OF THE CITY COUNCIL �`9kESI30g'� NO. � c� � � � ; 4 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-966 IN ACCORDANCE WITH MUNICIPAL ZONING CODE 78-1250 SUBDIVISION'1 FILE NO. OS-3119 WHEREAS, Raymond K. Newkirk and Nylene J. Newkirk, husband and wife (hereinafter "the applicants") are the owners of the property located at 1489 ' Shoreline Drive within the City of Orono (hereinafter the"City") and legally described as follows: Lots 3 and 4,N J Stubbs lst Subdivision Lot No 2, Hennepin County,Minnesota • • (hereinafter the "property"); and ' WHEREAS, the applicants have made application to the City�of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading, fill and installation of subterranean walls to repair a slope wash out within 75' of the OHWL of Lake Minnetonka. WHEREAS, the applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1250 to allow grading within the 0-75' setback zone for installation of subterranean walls to repair a slope wash out. NOW, THEREFORE SE IT 12ESOLVEI) by the City Council of Orono,Minnesota: � FINDINGS . 1. This application was reviewed as Zoning File#OS-3119. 2. The property is located in the LR-lA Zoning District, which requires a minimum lot area of 2.0 acres and 200' of width. • 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit based on the following findings: Page 1 of 5 . o� � � • o ° � � C ITY of ORONO � � : � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESII��G NO. � � o"� � _ . a. The property has a total area of 0.71 acre and 132' of lot width. b. City Code 78-966 allows for the grading and filling within 75' of the OHWL of Lake Minnetonka by conditional use peimit. c. The proposed subterranean walls have been reviewed by the City Engineer and the Engineer had the following recommendation: i. In order to reduce the potential for another wasli out or other � damage during the initial (6-year) period, the surface of the existing natural soil should be "roughed up" so that the compacted clay fill can be integrated into it. • d. The proposed subterranean walls will have no negative visual impact and will be re-vegetated for a natural looking slope. e. The applicants have provided a restoration plan meeting the goals and intent of the Zoning Code and the Orono Community Management Plan. , 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 � variance 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 variance 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. • Page 2 of 5 . o.�,. � • � � ° S C ITY of ORONO � � . �� ti ti RESOLUTION OF THE CITY COUNCIL ��`gkESI1�4�G N O. e5 0� � � CONCLUSIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Sections 78-966 and 78-1250 for the construction of a subterranean wall system in order to repair a wash out area on the lake yard slope, subject to the following conditions: 1. Council approval is based on the site plan and grade restoration plan submitted by� the applicants and aruiotated by City staff, attached to this Resolution as Exhibits � A and B. Any amendments to the site plans which are not in conformity with � City codes will require further Plaiuling Commission and City Council review. 2. Authorities granted by tnis resoiution run with the property not with the • applicants, but are permissive 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 conditional use permit will expire on that date (July 11, 2006). 3. 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. 4. 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. Adopted by the Orono City Council on the l lth day of July, 2005. ATTEST: �U�� Linda S. Vee, City Clerk Barbara A. Peterson, Mayor • � Prop rty Owner(s) Page 3 of 5 . � °� � � o 0 �� CITY of ORONO � � � ti �,� G'�' RESOWTION OF THE CITY COUNCIL ��kESII�g'� NO. � � � � . . STATE OF MINNESOTA COUNTY OF HENNEPIN The� foregoing instrument was acknowledged before me on this ��ay of ��, 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mumcipal corporation and said instrument was execu ed on behalf of the City. r� � � L/� , • Notary`Public � '� �'" �. JAC(�tJELYN hq.YOUNG �� lotary I'i�:�lic-Minnesota �ly Commi.3sion Expiros Jan 31,2010 STATE OF MTNNESOTA COUNTY OF HENNEPIN The foregoing instrument was acicnowledged before me on this ��day of ,� , 2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota mu icipa corporation and said instrument was executed on behalf of the City. RACHEL DODGE �-�-`� �' NOTARY PUBLIC-MINNESOTA NOtaTy PUUIIC My Commission Expires Jan.31,2010 • Page 4 of 5 . . � ��' .� � � . � C ITY of ORONU � � �, . y Cl� ti RESOLUTION OF T�HE CITY COUNCIL ��`gkESII��G NO. � � � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acicnowledged before me this lo�day of , 2005 by Raymond K.Newkirk, husband of Nylene J. Newkirk. � � gpRBARA G.SILUS ��8�� " NOTARY PUE3LIC-h�IN��S07A •.:;,;,w�' M�r Cpmmission Expi:es��n.31,ZGO3 Notaxy Public STATE OF MINNESOTA • COUNTY OF HENNEPIN This instrument was acknowledged before me this /2 day of '-` c , 2005 by Nylene J. Newkirk, wife of Raymond K.Newkirk. �- DENISE M. LESKINEN Not Public ', NOTARY PUBLIC-MINNESOTA �' ' :;,,;.: My Commission Enpires Jan.31,2010 • Page 5 of 5 , � � �� ' � .� .� � � � , � 0 . � � � � �' > � 0 � �`°, � � 5 0 � ''1 L y„� ..I � � 4-�� I ` O� � I ` � �I�+ ^` ��. U a'j-- � --- ``�'- ;;�\\��\ '�U � .O . ' � � .. o � �, I � ��:;:. W o � � .;.� � � ��, �� _ `''`\ �`'. �cfl d' °'> � �`•. x X Y_ � \�`., ��- p_N �y,o � •� \��\�` \`m� �� ,\\•� ` Tm � � . . : \ '�`- :�+ � � `� �� .\ 0� � � ` U �� '`' � � � a� � ��' '� ° � � �'�s U rn ■ �� '��:�. •' Z � � �'a�"' o� (tS N ��.: '�. •�U � pU r � � M � Q.:�.� \ L o m 'o � (a �'•_ �:J ''� W c0 � v> �� '� :'= O'�.' m m Y\ ` � °' � 0 - � � s_(,/� a`�o� �\ �� 1— � � i� Q Q \tY, 'L X �•; b� � _`- ��\:\ `� CO� X'Q,iv � � � ` \ �� g� � V ' �• � � '�`�. �\�:, / � ]�\ "�m � �� `��.. � \�� 1 ° U � � ':,� ` .� C�I � . �� ' � � �.. � W � 1 ��:::. �, � �'� �• O Q � O .�°��, M o� a c�u�� '�\` � � o� , \ � CV �- � � � \ `. x a? 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