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HomeMy WebLinkAboutResolution 5165 + . . � * , . l O � � O � � � � CITY of ORON4 ,� .:. ; �., ti ti RESOLUTION OF THE CITY COUNCIL ��� pg'�G NO. � � � � k'ES�I A RESOLUTION GRANTING VARIANCES TO MUNICTPAL ZONTNG CODE SECTION 78-1112, AND A CONDITIONAL USE PERMIT � PER SECTIONS 78-1113/14(2b) FILE NO. 04-2997 WHEREAS,the City of Orono Public Works Department(hereinafter"the applicant") has made application to the City of Orono(hereuiafter"the Cit}�')for vatia.uces to Mi.uucipal Zoiung Code Section 78-1112 and a Conditional Use Permit per Section 78-1113/14(2b)to allow filling and grading witlun 75'of the shoreline of Lake Miinzetonlca,witlun and within 26'of a wetland,and withitZ the flood _ plaiu adj acent to Lalce Mimietonka,to allow for the iinprovement of a pedest�ian and liinited vehicular access driveway within the public dedicated right-of-way located between Lots 38 and 39,Morse Island Park, Herulepin County,Mimlesota(hereinafter"the right-of-way"); and WHEREAS,after due published notice and mailed notice in accordance with Miiulesota • Statutes a�zd the City of Orono Zoning and Planning Codes,the Orono Plaauiing Conunission held a public hearing on March 15,2004,and again on Apri119,2004 at which tinzes all persons desiring to be heard concerning tlus application were given the opporttuiity to speak thereon. NOW,THEREFORE,BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-2997. . 2. The right-of-way is located iii the RS Seasonal Recreation Zoning District. 3. The Pla�uung Commissionreviewed the application for variances and a conditional use pemlit at public hearings held on March 15 and Apri119,2004 and recommended approval by a vote of 7-0 based on the following findings and hardships: � A) Theproposed access drivewaywill be 10'inwidth and 180'in length,andwill provide a wallcable access point,with limited vehicular accessability,forthe north half of the island. This access will replace the access drive that�was formerly used on the north side of�lie • Page 1 of 6 . � °� 0 0 • �� ; C ITY of ORONU ,� -- :-� � . ti �',�� �G'�' � RESOLUTION OF TH�E�CITY COUNCIL `�k'ESSO4�' NO. � a� wetland. That access was on private properiy,and the owner recently converted it to lavv�i area.The Cityllas long held that the Cityhas an obligation to provide reasonable access to the interior roads on the island for the needs ofthe few inland properties which do not abut the lakeshore,and for the occasional service or emergencyvelucles which mayneed to access the island. B) A small wetland lies witlun the 90'wide dedicated right-of-way corridor.The wetland in question is approximately 1/8 acre in area and is not on the City's 1974 wetland inventory, and therefore is not defined as a"City-protected Wetland";however, it is subject to Wetland Conservation Act(WCA)regulations,which the Muuiehalia Creek Watershed District administers on the City's behalf. C) The proj ect is being proposed uzlder the WCA"de ininimus"rules because it uivolves less than 400 s.f.ofwetland area being filled.Therefore,the amount of fill and tlie impact of that fill is so rninor as to not require mitigation. The proposed filling is 215 s.f.at the SE corner � of the wetland. The proposed driveway fill will be no clbser than 6'from the properiy line to the south. This complies with City requirements that do not allow filling within 5'of a lot line. . D) The filling will impact a 12 cubic yard area of flood plain. An equivalent volume will be excavated adj acent to the NW corner of the floodplain area within the right-of-way as equal initigation. E) The driveway will constitute filling of 25 cubic yards of gravel in the 0-75'zone,requiring a CUP,and will constitute approximately 750 s.f.or 12%impervious surface in the 0-75' zone. These impacts are unavoidable in order to provide suitable access,and have been � minimized by liiniting the width of the driveway to 10'. F) ThisapplicationwaspreparedbyPublicServicesDirectorGregGappawiththeassistance . of John Smyth,Water Resource Specialist with Bonestroo &Associates,the City's � engineering and environmental consultants.The appropriate applications are being made to the MCWD. MCWD approval shall be required before the project may commence. 4. The City Council finds that the hardships and special conditions supporting approval of the variances and CUP include the following: • �. � Page 2 of 6 . � °� 0 0 • �� � CITY of ORONO ,� -- , � , ti ti RESOLUTION OF THE CITY COUNCIL ��`gkESI1�4�G NO. � � � � A) The property was platted as right of way in order to provide access to inland roads and properties on the island,such access being necessaiy for the protection of the public health,safety and welfare.Strict adherencz to the ordinances would prohibit use of the property for its intended purpose. B) The right ofway platted to the lakeshore is a unique circumstance to the Island and was created in 1887 for the public benefit by prior owners ofthe surrounding property, and is not a circumstance created by the City. C) Construction of a roadway 10'in width within the 90'wide corridor will not alter the essential character ofthe locality and will replace a similar access road which existed nearby on private property for many decades. � D) The establislunent of a suitable roadway is a substantial property right inherent in plattedright-of-ways. DenialofthevariancesandCUPwoulddenythepublicof • this right. 5. Tlie City Council finds that the re-establishment of a pedestrian and vehicular access at the right-of- wayin question is necessaryto balance the City's goal ofproviding only the minimum necessary public services to the island,with the inherent need for access for inland properties,for emergency services, and for occasional service vehicles. 6. The City Council has considered this application includuig the findings and recommendations ofthe Plannuig Commission,reports by City staff,comments by the applicant and the public,and the effect of the proposed variances and conditional use permit on the health,safety and welfare of the community. , 7. The City Council finds that the conditions existing on this property are peculiar to it and do not � apply generally to other properly in this zoning district;that granting the variances 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 applicant,but is necessaryto alleviate a demonstrable hardslup or difficulty;is necessary to preserve a substantial property right of the applicant and the public;and would be in keeping with the spirit and intent � of the Zoning Code and Comprehensive Plan of the City. • Page 3 of 6 ' � � �� 0 0 � �- � � C ITY of ORONO � : : � ti �.�� � �G'�' � RESOLUTION OF T�I�CI��T�COUNCiL 7 `9kESI304 NO. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances to Municipal Zoning Code Section 78-1112 and a Conditional Use Permit per Section 78- 1113/14(2b)to allow filling and grading within 75'ofthe shoreline ofLake Mulnetonka,within and within 26'of a wetland,and within the flood plain adj acent to Lake Minnetonka,to allow for the iinprovement of . a pedestrian and limited vehicular access driveway within the public dedicated right-of-way,subj ect to�the following conditions: 1. Council approval is based on the site and grading plan submitted by the applicant,attached to tlus Resolution as Exhibit A. Any amendments to the plan which are not in conformity with the approved plan will be at the discretion of City staff and may require further Planning Commission • and City"Council review. � 2. Applicant shall establish a Conservation and Flowage Easement over the wetland. • 3. Applicant shall obtain all required MCWD permit approvals prior to cominenceinent of construction activities. 4. Applicazzt and applicaiit's agents shall complywith all pemzit requirements ofthe various agencies having jurisdiction over this wetland. 5. The applicant shall apply for and obtain a la�ld alteration permit from the Cityprior to commencing the project. 6. Authorities granted by this resolution run with the property not with the applicant, but.are pernussive only uid inust be exercised by obtaining a land alteration permit for the proj ect within one year of the date of Council approval,or the variances will expire on that date(Apri126,2005). . 7. 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. 8. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs,successors and assigns,hereby agrees to , the recording of this resolution in the chain of title of the property. . � Page 4 of 6 _ o,�,. � � � o ,: o � - � C ITY of ORONO � -- :..- � � ti ti RESOLUTION OF THE CITY COUNCIL �L`�k'EsB�g'�G NO. � � �r � Adopted by the Orono City Council on this 26th day of April, 2004. ATTEST: _� �r U� L'u7da S. Vee, City Clerk BarUara A. Peterson, Mayor Applicant • . • Page 5 of 6 . � o � � o ,, o • S CITY of ORONO � , � ��, � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESi3.0g'�G NO. � � � �� STATE OF MINNESOTA COUNTY OF HENNEPIN � The foregoing insh-umeiit was acknowiedged before me on tlus�u day o A ,2004 by Barbara A.Peterson,Mayor of the City of Orono,aMiiulesota municipal coiporation aiid said iilsh-ument was executed on behalf of the City. , ���"t..����� �['� .�����Q�� `'�� Notary Public � ��t�us� FCl'i:i 1•1 N. �Atl r+r��c�-a;.ti;�•. ;, �giATi F.XAires o:. ."�`�:17 �� r13:3•a _x:.e:._::;�_ . � • STATE OF MINNESOTA COUNTY OF HENNEPIN The fore oin instnmzent was acknowledged before me on this Z day of i / ,2004 by g g /�nr L'ulda S.Vee,City Clerlc ofthe City of Orono,aMuinesotaintuzicipal corporation aud said'ulstcument was executed on behalf of the City. � RACHEL OODGE ��.4�. L��.C.� ,�oce �--- � ���.°��. .i ,:. NpTARYPUBLIC-MINI�E:,OTA ' '^ �'." My Commission Exp�es Jan.31.2005 � - �� Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN - This iizstrum.ent was aclaiowledged before me this��day of Y-1-7p r 1 ( ,2004 by �hv��l l c� �f . i/VloDi'4�for the City of Orono. ..F�`�;•f RACHEL GbF�� (r;J � ��_ � ,„ �'."r''';� NOTARY FUSLlC-1�t�P&"�'ATA �- �—•-' ��C-��-'1/�'� '`':!t:-=?° My Commisslon ExPiro�J�.3'I,�Sn � (j� ; Notary Public • Page 6 of 6 �.w..e-w.._..�«�..�.m�.. - �xF�9 r�r r ,q . . � ._... °D ����� . � ��� ��.�������_:� ,��� N� m z ��� ' . � �g� v A [Y e� r • � '9 nn m �y� . • �� � mr m W N �pg� � � o � � � � n $ . . . • r� ���� � � � . • � � � =i m D � �a �g �� �� Z � . � ��^� �N �Y�� �6�� • D q . • � m � ��m� ' . g���q du�� •''�1�� � . 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