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Home My WebLink AboutResolution 5358 . ,. . � O� . , , . • • O ,� O 3 CITY of ORONO . ,� : � �, . � r �h . : . � �� . G RESOLUTION OF THE CITY COUNCIL • �`9kESI�Og'� NO. �� e� � '� . � A RESOLUTION G�tANTING A CONDITIONAI.USE PERMIT PEIE�1V�IiTNICIPAL ZOI�IING COD� SECTION 78-1286 FILE NO. 05-3113 WHEREA5, Dennis S. Walsh and Amanda L. Walsh, husband and wife (hereinafter "the applicants") are the owners of the property located at 1354 Rest Point Circle within the City of Orono (hereinafter the"City") and legally described as follows: Lot 13,REST POINT PARK LAKE MINNETONKA and Lot 11, SUBD OF Lot � ; • 14,REST POINT PARK LAKE MINNETONKA, Hennepin County,Minnesota (hereinafter the "property"); and � . W�iEREAS, 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 re- vegetating the existing bluff area. ; '� � NOW, THERE�'OI2� �E IT RESOLVED by the City Council of ? Orono,Minnesota: �; � d FINDINGS � I 1. This application was reviewed as Zoning File OS-3113. 2. The property is located in the LR— 1B, Zoning District which requires a • minimum lot area of 1.0 acres and a minimum lot width of 140' at the shoreline and 75' lake setback. � 3. The Planning Commission reviewed this application at a public hearing � held on June 20, 2005 and recommended approval of the concept of re- vegetating the bluff based on the following findings: � • � ' a. A detailed planting plan would be submitted prior to City Council � ! approval of the application. ' � , Page 1 of 5 , � � °� • o � � C ITY of ORONO . � � : ; � ti ti RESOLUTION OF T E CITY COUNCIL ��`9 4�'G NO. �� °�9 � k'ESI=l� b. The proposed stair access would no longer be part of the proposal. c. The project would no longer require a structural review whereby no longer requiring engineering. 4. The City Council finds that submission of a revised plan incorporating the City Engineer recommendations is acceptable. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. • 6. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessazy to preserve a substantial property right of the applica�t; 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 re-vegetating the existing bluff area, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits A1 — A2. Any amendments to the site plan which are not in confornuty with City codes will require further Planning Commission and City Council review. • 2. A revised plan must be submitted implementing the recommendations of the City Engineer, which are stated in the letter attached to this Resolution as Exhibit A2. Page 2 of 5 _ � °� � o 0 � CITY of ORONO _ s ,� , � ti ti RESOLUTION OF THE CITY COUNCIL �L`9k'EsI1�g'�G NO. � � � r� A land alteration permit must be issued through the building department prior to any site work. 3. Implementation of the plan attached as Exhibits A1 — A2 will resolve the clear cutting zoning violation and bring the property back into compliance. 4. Authorities granted by this resolution run with the property not with the applicant, 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 25, 2006). � 5. 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 sha11 be punishable as a misdemeanor. • 6. 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 25�'day of July, 2005. ATTEST: r / � A Linda S. Vee, City Clerk Barbara A. Peterson,Mayor Property Owner(s) " , • Page 3 of 5 _ � °� • o � � o - 3 C ITY of ORONO � -. ; � ti ti RESOLUTION OF THE CITY COUNCIL �L`� o4�G rvo. � � kEsK 5 STATE OF MINNESOTA ' COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this� day of L� , 2005 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota munic pal corporation and said instrument was executed on behalf of the City. , � :i�;;�� .1 �1�'!i`• .:7:), ' ^� �6r�l�c�. ��.,. ` - ;y Notary ublic +•° :�•{�:;•;;;�;Y �I::sLlc. �^h;P'�'; •, �;�: .�7A r .1v'.� "i�' .'i:: . . ,51.Z�� , KRISTf B.ANDERSON •' NOTARYPUBLIC-MINNESOTA • ��•;,�.:� My Commission Expires Jan.31,2007 � STATE OF MINNESOTA � COUNTY OF HENNEPIN a- /� The foregoing instrument was acknowledged before me on this � S day of t� ��, 2005 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. RACHEL DODGE �'�'"�� U = � ' NOTARY PUBLIC-MINNESOTA Notary Public � .;;,,:� My Commission Expires Jan.31,2010 • Page 4 of 5 � � °� • o 0 . �� CITY of ORONO � � - : - � ti ti RESOLUTION OF THE CITY COUNCIL ��`9k'Esl��g'�G NO. '� n3 ,5 � STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this2� day of� v� s�' ,2005 by Dennis S. Walsh,husband of Amanda L. Walsh,husband and wife. DENISE M. LESKINEN i� NOTARY PUBLIC-MINNESOTA � ;,,;:.'� My Commission Expires Jan.31,2010 otary Public STATE OF MINNESOTA . COUNTY OF HENNEPIN � This instrument was acknowledged before me thi� day of ` , 2005 by Amanda L. Walsh,wife of Dennis S.'Walsh,husband and wife. . � Notary Public . g ' :. Gf��RYL L. PEDROLIE ,� NOTARY PilBI{C•MINNESOTR � �: �� k1y Ccmmisslon E�irxs Jan.31,2010 � y • • Page 5 of 5 ,�.,—.. _...__, ........__. .................... . .... . � : . �� 35 � �'``�"'`� > �~ rf � :: a� 4 . �'�1�14 �.�, `l _ �• � y�/� �\\ \ � � __... • , I�l. Q� ��,'��'' -V f'�~'`t r- — I ''��+�-� � �•(�'�� "'� 7� . �� I , • � '`J;� C �? ,r;,t� � I; � '�.I � '• M. . � `/� �''�; �..�'' .' �" � , . .�. �,�. t .� .� � � `L� '� . .. �� '�`?� � i t . _ � J'� � � � '�- ` - OB �. �, J ~ � ' � �1 � 5?• _ � 7 �„�.• i y � `P '/� �� {�' ��' -tr--� � . � _ / @': ^�.�''.,\�VD;i �\'j � .i .�' f! . . . ' ��' _ � ._.)-� r��, i I , . ,�. / 1';,�'M ~� � f'1 I � 5a � �• . fc <j, � l ( • l l� ��J ��'I�; :J � �' �N � I.. (�' � �, � i . S � \ � �f.. i �iC, • { _ �,4�`LLl �!� � �• � Z`-�• • �� I,:; �2j �� n• ��-`� � ��'��' .g ; � i i �� i=� ti t�w . 1l 4I� - � . � 1 �.�� i;=_ �� „ � � �l �d Y�c+L'� ��-y1: '� 9 � . �� .� ,' .�.' �.�� . K� .3 I `�� • C � � �I I• (I il i`��t '� . � 1 � �r 1:. � i : I! i�iJ'�=' `_�� _ � r �l�� f �' '� � ; ,,�� 'I � -�y)(7.�,�.''�?"..,�• � ��I�*:;�� l, � ` ' /... I ' I �: � � � • ' �E ~ `��-ri . �� -� r �� . - �e «.�� , • �F +� O � �„t� r. ' 12�- Ji r F� r � '�. .� t ; �y .� ! � � , r V�� 3 � � 2 �Bonestroo ' ��-Of�'ice N1 em o Rosene �� Anderiik& �Associates � � ' Engineers6Architects To: Tom Kellogg Date:�7-11-2005 � From: Stuart Krahn Phone: X4861 . Re: 1354 Rest Point Circle (File#04-3067) � � Remarks: Tom: � , . . . I have the foilowing comments on the Planting Plan dated 7/1/05: 1. Wood Platform: Applicant should verify whether the existing wood platform shown in the survey is to be removed or is to remain, or is seasonal for winter dock storage. !f it is to remain or is seasonal, the applicant should clarify how this impacts the planting plan. iShrub Spacing: A number of the proposed shrubs are shown at 6' or 7' on center. This includes the dogwoods, viburnum, amur maple, and sumac. While this spacing reflects their mature size, it does not provide sufficient root structure to stabilize the slope when the roots of the previously cut vegetation decompose. The maximum spacing on new shrubs should be reduced to 4' on center, with 3' on center preferred for smaller species. The honeysuckle at 2.5' on center is appropriately spaced. Applicant should revise plant quantities as required to cover exposed slopes. 3. Perennial and Grass Spacing: To stabilize the slope, all perennials and grasses should be spaced at 1.5' on center, with the exception of the switch grass and little bluestem, which should be spaced 2' on center, and the sedum, which should be spaced at 1' on center. Applicant should revise plant quantities as required to cover exposed slopes. 4. Plant Species: The Moonshadow and Winter Creeper Euonymous and the Wilton Carpet Juniper are not proven perFormers for stabilizing south-facing slopes. Ash Leaf Falsespirea and Red or White Snowberry are recommended alternatives. Also, amur maples have begun to show up in the wild and are competing with native plants, so are not recommended. 5. Planting Practices/Temporary Erosion Control: Excess soil removed from planting holes will wash into the lake if it is left uncovered on the slope. Therefore, cutting existing dead stumps off at the ground, seeding fihe slope, placing type 2S straw erosion cantrol blanket, and then�planting through the blankei, is recommended. No excess soil should be left on top ofithe blanket. • � � . Bonestroo,Rosene,Anderlik and Associates,Inc. . www.bonestroo.com G St Paul: G Milwaukee: 0 Rochesler. 0 SL Cloud: 0 Chicago: 2335 Wesl High+vay 3'v 12075 N.Corporote Parkria�,Sie 200 I 12 7i S7ee�YE 3721 23'�Streel S 1850 Wesl Winchesler Rd,Ste 105 Sl Paul,tiW 55113 Aitquon,'NI 53092 RochesL-r,FM!SSW5 SL Cbud,MN 55](11 Libertyville,IL E0048 - Fhone:o51-63u�4c00 Pnone:2u2593•5032 Phone:507•282•21U1 Phone:320-251•4:53 Phone:847-BI&tc31 Fax:651�o:n•13�f fax:202-?41-0W t Fax:507-2d2J 1C0 FFax:320•251-6252 Faz:B47�d16•7702