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Home My WebLink AboutResolution 5182 � � O _V • O O �� CITY of ORONO � � -- : � ti �',�� G'�' � RESOLUTION OF THE CITY�COUNCIL `9kESI�04 NO. e� � � A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1112, 78-1288 (A); GRANTING A CONDITIONAL USE PERMIT PER SECTIONS 78-966 AND 78-1250; AND DENYING A VARIANCE TO SECTIONS 78-281, 78-1288, 78-1281, AND 78-1432 FILE NO. 04-3002 WHEREAS, G & L Land Investment LLC, a Minnesota limited liability corporation (hereinafter"the applicant") is the owner of the property located at 740 North Arm Drive within the City of Orono (hereinafter the "City") and legally described as follows: , • Lot 4,Auditors Subdivision 362,Hennepin County,Minnesota (hereinafter the"property"); and WHEREAS, the applicant made application to the City o£ Orono for variances to Orono Municipal Zoning Code Sections 78-281, 78-1288 (A), 78-1281 and Section 78-1432 to allow retention of an existing nonconforming accessory structure ("the boathouse") located within the 0-75' lakeshore setback where no accessory structure is normally allowed absent a principal struct�ire on the site in conjunction with replacement of the existing residence on the property; and WHEREAS, pursuant to published and mailed legal notification, the Orono Planning Commission on April 19, 2004 held a public hearing on this request, at which time all parties interested in the project were allowed to comment. The Planning Commission subsequently on a vote of 7-0 recommended denial of the variances, finding that the boathouse was in a nonconforming location, constituted excess hardcover on the property, and should be removed at the time the property is redeveloped, and that no adequate hardship exists to support the granting of the necessary variances to allow the boathouse to remain; and WHEREAS, on Apri12�, 2004 the City Council voted 5-0 to support the recommendation of the Planning Commission and at the request of the applicant, referred • the application back to the Planning Commission for review of an amended application . Page 1 of 7 � �� Q � O g C ITY of ORONO � � ti �'� G'�' � RESOLUTION OF THE CITY COUNCIL ��kES�I�4'� NO. 5 1 � � for approval of variances and a conditional use permit for lakeshore bank restoration and preservation; and WHEREAS, on May 17, 2004 the Planning Commission pursuant to published and mailed legal notification, held a public hearing on the amended request for variances to Municipal Zoning Code Sections 78-1112 aud 78-1288 (a), and a coizditional use permit per Sections 78-966 and 78-1250, at which time all parties interested in the � project were allowed to comment. Planning Cominission reviewed the amended application and recommended approval on a vote of 7-0 NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS � � 1. This application was reviewed as Zoning File#04-3002. 2. The property is located in the LR— 1B, One Family Lakeshore Residential District, which requires a minimum lot area of one (1) acre. The applicant's property is 0.81 acres in area. 3. The Planning Commission recommended approval of the amended application based on the following findings: ' a. The existing steep slope within the 0-75' setback zone between the residence location and the shoreline is severely eroding and requires bank stabilization measures to prevent further erosion. . b. Removal of the boathouse will remove structure that is currently providing support for portions of the hillside and preventing erosion. � c. Construction of the proposed retaining wall system will allow for stabilization of the slope and provide terracing for establishment of vegetative screening to reduce the visual impact of the retaining walls. d. Two mature existing trees on the top of the slope are already in danger • of toppling due to erosion of the banlc, and will be lost as a result of the bank restoration. Page 2 of 7 ` � O� • O O '� C ITY of URONO 3 ,� . , � . ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESI�Og'�G NO. e� 1 `� :� e. The applicant should not be penalized in terms of transfer of hardcover from the 0-75' zone to the 75-250' zone for the hardcover necessary to stabilize the lakeshore bank. f. The lakeshore bank restoration and revegetation is necessary to maintain the shoreline in a manner consistent with the natural character intended by the City as indicated in the Community Management Plan. � 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, cormnents by the applicant and the public, and the effect of the proposed variances and land alteration CUP 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 variances and CUP 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 necessary to preserve a substantial property right of the applicant; 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 denies a variance to Municipal Zoning Code Sections 78-281, 78-1288, 78-1281, and 78- 1432, and hereby requires that the boathouse be removed; and grants variances to ' Municipal Zoning Code Sections 78-1112 and 78-1288 (a), and a conditional use perrnit per Sections 78-966 and 78-1250 to allow the proposed lalceshore bank restoration, ' subject to the following conditions: l. Council approval is based on the site grading, boulder wall and landscaping plans • submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the above noted plans which are not in Page 3 of 7 .� o�,. • o �, o 1 CITY of ORONO �! �; r '�" a ti ti RESOLUTION OF THE CITY COUNCIL ��`9kESYiOg'�G NO. J � � � conformity with City codes will require further Planning Con�unission and City Council review. 2. Hardcover in the 0-75' zone associated with the approved boulder wall plans and the standard 4' wide Takeshore access stairway shall not reduce the hardcover allotment in the 75-250' zone. Applicant is advised that any future requests to increase hardcover in the 0-75' zone beyond that noted herein shall require City approval, and increases in hardcover will not likely be approved without concurrent reductions in existing hardcover. 3. The boathouse shall be removed at the time of demolition of the existing residence structure. A Public Works Department employee shall be present during the boathouse demolition to monitor activity adjacent to the municipal sewer line to ensure its continued integrity. A silt fence shall be placed 5' landward of the sewer line to define where no land alteration activity will occur, • except for revegetation of the boathouse site. 4. The recommendations of the City Engineer in his letter of May 12, 2004 shall be implemented. The applicant shall add the appropriate erosion control measures to the plans and shall implement such controls. The plan shall incorporate plantings that will be at least 4' in height to screen the retaining wall system. In addition to the two maples shown on the plan, applicant shall plant additional trees to ensure ' that the wooded nature of the surrounding shoreline is carried through to this property. 5. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a land alteration permit for the bank restoration within one year of the date of Council approval, or the variances will expire on that date(May 24, 2005). 6. 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. 7. The undersigned applicant has read,understands 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 7 � � o� • . o 0 �� C ITY of ORONO � - : � ti ti RESOLUTION OF THE CITY COUNCIL ��9 p4�'G NO. � � � � k'ESH. J Adopted by the Orono City Council on the 24`h day of May, 2004. ATTEST: in a S. Vee, City Clerk Barbara A. Peterson,Mayor � � " S{�c. �r�sa,�, • Property O er(s) � • . Page 5 of 7 �°� • o � o . l CITY of ORONU � - � ti RESOLUTION OF THE CITY COUNCIL '�,,�� ' �Gti . `9kESII�g' NO. _�_1 � � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instruinent was acknowledged before me on this o'�`��day of r��, 2004 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota mum ipal corporation and said instniment was executed on behalf of the City. `=12.0�..�.-,�-e� f�noe C!Z- r� .. . Notary Public � �`'`�'�"� RACHEL DODGE NOTARY PUBLIC-MINNE;OTA � �.. .� My�ommus(cn ExpUe,s Jan.31,2005 f��. _..,r�-.�-�>-+�sr • STATE OF MINNESOTA COUNTY OF HENNEPIN • The foregoing instrument was acknowledged before me on this�d of ��, 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota munic pal corporation and said instrument was executed on behalf of the City. _��.� ,�o�c�� L ��s�:{�: RACHEL DOQGE Notary Public n NOTARY PUBUC-MINNESOTA �;1 •4. ° My Commiss!on Expires Jan.31,2005 k ��a-��-�:.-�: .e�c .r..vrcc.�.:.•.. • Page 6 of 7 �o� • o , o l C ITY of ORONO � -- ; �- � ti ti RESOLUTION OF THE CITY COUNCIL ��kESII�g'�G NO. State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this �S� day of JGC,n� , 2004 by Tir„o�-l�J.Gcc�l�i( , for G & L Land Investments, LLC, its Sec�'e�ta..y �7re4Su1-�..Y BARBARA G.SILUS �� NOTARYPUBLIC-MINNESOT o public . .v�,,:,'+ My Commission Expires Jan.31, y • � • Page 7 of 7 • � Zro � � � � � . � � . -_, • . . � � � � � � .. � p � � - � , . '� .� ;�• � _��' .. � r �,�� _ � / �-----� . � � �—' . ' � �..' � _ �' � , i � � ' n — . � � �� / 1 � . . , � �` .�� / � , . .y�ig• , . ` . _ � }: �:.rj.; ;:�T . I /J � . ' .s". •. . � /A � � ��",.,.5( '��`.. / . 1 . '1. • 1 /�i /� \ �� I��i f.�. .' I _ •<<. ,L,' I _ . I N. aw...,�..� n... I - � ( . . . . .� . �.� ,i� a�d.�v.rs.s•.;."tr�'w1.i ,. .,. J ' O �/ r�„ _ E i/ \ � ' y .• � �', � ( • � � b� '. / �, �, \.•.• � ' a��{•,n 5��,�j, 'y ��r}ti? {� ... . � 7`. / �; '`1 �: • .. �I �� w 8 � � � � �� ' _ ... . I �� r �� -�� ° • ' � � /' � �' � ' �� . � p i � �_ .� . 1, . 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