HomeMy WebLinkAbout1985-05-13 Resolution 1756City of ORONO .
RESOLUTION OF THE CITY COUNCIL
NO. 1756
A RESOLUTION DENYING
AN AFTER -THE -FACT VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION
FILE NO. 901
WHEREAS, Karl F. Johnson (hereinafter "the applicant")
has an interest in the property located at 3393 Crystal_ Bay Road
within the City of Orono (hereinafter "Ci£y Vand VegalTy CTe-
scribed as follows:
"Lot 17, and that part of Lot 18 lying Northeasterly of a
line described as beginning at the most Easterly corner of
said Lot 18 thence Northwesterly through a point described
as follows: Commencing at said most Easterly corner; thence
Northwesterly along the Northeasterly line of said Lot 18, a
distance of 175 feet. thence deflecting left 90 degrees a
distance of 5 feet to said point, Wallace's Addition to the
Village of Minnetonka Beach, according to the plat thereof
on file or of record in the office of the Register of Deeds
in and for said County."
WHEREAS, the applicant has applied to the City for an
after -the -fact variance to Municipal Zoning Code Section 10.22,
Subdivision 2 to permit the retention of a gravelled parking area
totaling approximately 440 square feet of hardcover and a portion
of a retaining wall of approximately 6 square feet of hardcover
located within 75 feet of the lakeshore of Lake Minnetonka where
no hardcover is allowed; and
WHEREAS, the City Council of Orono (hereinafter
"Council") has reviewed the findings of the Planning Commission
and the City staff, written statements and comments of the appli-
cant and the petitions, written statements and comments of the
neighbors.
NOW, THEREFORE BE IT RESOLVED that the Council hereby
denies the after -the -fact variance application of Karl F. Johnson
based on one or more of the following findings:
1. This application was reviewed as Zoning File No. 901.
2. The property is located in the LR-lC, Lakeshore
Residential Zoning District.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1756,
3. The Grono Planning Conunission reviewed this application
on March 18, 1985, and recommended denial of the after -the -
fact variance based upon the following findings:
a) The gravel as placed functions as a
driveway/parking area and is considered hardcover.
b) The gravel was placed on the property without the
required variance review.
4. James R. Grady, a former neighbor and owner of the
residence to the east of the applicant's residence, con-
firmed that a gravelled parking area had existed on the
property prior to applicant's occupancy.
5. Grady confirms that previous owner placed gravel over
the subject parking area "from time to time".
6. The steep grade of the lakeshore yard inhibits safe use
of the driveway during the winter months. The applicant ht,s
parked an additional vehicle within the gravelled parking
area to decrease potential for accidents in use of slippery,
steep, paved driveway.
7. The steep grades and heavy clay soils beneath the gravel
parking area have made it difficult for applicant to main-
tain adequate ground cover over southern half of the subject
area.
8. The applicant constructed a retaining wall to sustain an
eroding bank located out of the 75 feet lakeshore setback
area. A portion of the wall, a 6 inch by 10 feet side
extension, extends to within 65 feet of the lakeshore.
9. The ten foot wall extension at its highest point
measures 3 feet and tapers to a 1 foot height as the wall
extends to the lake.
10. The side extension of the retaininq wall serves to
direct all drainage from rear of property away from the side
west property line.
11. Applicant was advised to erect the retaining wall to
sustain eroding bank in 1982 by the Orono staff.
p_nndo 2 of d
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1756
12. The location of the public road, Crystal Bay Road, that
intersects the applicant's property is located within the 75
feet protected area and creates the need for the applicant
and surrounding property owners to place hardcover within
the protected area in the daily use of their properties.
FURTHERMORE, BE IT RESOLVED that the Council hereby
denies the after -the -fa(. application as proposed subject to the
following conditions and orders:
1. The applicant may retain an 8 feet wide by 23 feet deep
gravel parking strip adjacent to paved driveway within north
half of existing gravel area. Applicant must replace re-
maining gravel area with suitable ground cover by July 1,
1985.
2. The Orono staff must approve all new landscaping
proposed for lakeshore yard.
3. Council will permit the 10 feet extension of the re-
taining wall within the lakeshore protected area to remain
and further 4dvises that any alteration of that portion of
the wall must be approved by the City.
4. Violation o: or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code and shall be punishable as a misdemeanor.
5. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
Adopted by the City Council on this 13::h day of May,
1985.
ATTEST:
othy M?Pallfn, City Clerk
4,
Mary But er, Mayor
Property Owners)
Page 3 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1756
STATF: OF' M1NNI SOTA )
ss.
COUNTY OF IIENNEPIN )
On this /J �~ day of. //} j 1985
before me a Notary Public within and for said county, personally
appeared 4-141 L f= . �Uj-l1�) ��%N� _ known to me t o be
the person(s) described in and who executed the foregoinq
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
A`PGFa�i
IA�GARY PugE1C'GOlutV RT
STATE OF MINNESOTA )
)ss.
COUNTY OF IiENNEPIN )
NOTARY PUBLIC
MY COMI.1ISSION EXPIRES
On this day cf , 1985, before tr;e
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoing instrument,
:nd acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page 4 of 4