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HomeMy WebLinkAboutResolution 1079 . L_� - RESOLUTION NO. 1079 • A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR ALEXANDER HOLZER WHEREAS, the Planning Commission and Council have reviewed at length an application by Alexander Holzer to install certain retaining walls and accomplish certain grading on his property located at 2677 Casco Point Road; and . WHEREAS, said proposal entails grade changes and site � alteration on an embankment within 75 ft. of Lake Minnetonka, which work requires a variance to Section 31. 830 et. seq. of the Flood " Plain Management Section of the Orono Municipal• Code; and WHEREAS, said proposal entails general site grading and retaining wall construction not a part of a normal building permit, which work requires a conditional use permit pursuant to Section � 31. 700 of the Orono Municipal Code; and ' WHEREAS, some of the above work was undertaken prior to application for the required permit and/or variance and has been suspended pending the outcome of this application, NOW, THEREFORE, BE IT RESOLVED, that based upon Planning • Commission and City Staff research and the information supplied by the applicant, the City Council hereby makes the following findings of fact: 1. Certain portions of the work -are necessary to prevent undue erosion and/or water drainage to the neighboring . properties, specifically damage to the boathouse on the property to the north and possible erosion damage to the embankment on the property to the south. 2. Certain amounts of the existing retaining walls located underground are beneficial in preventing possible erosion • or slippage of the applicant' s embankment. ' 3. Certain amounts of site grading are desirable to slow and/or direct the flow of surface waters for erosion control. 4. Certain other amounts of site grading and especially wall construction above the ground are not required for drainage or erosion control purposes and may affect the • lakeshore visibility from adjoining properties. 5. Certain amounts of the wall construction are contrary to Sections 34. 201 and 34. 202 of the municipal code which prohibit the construction of buildings or hardcover within � 75 ft. of the lakeshore or ahead of the average setback of . � lakeshore residences. .r � • � Resolution No. 1079 Page 2 • 6. Some work is required to be accomplished as soon as possible to restore vegetation to the land, correct improper portions of the work already accomplished, and to prevent undue erosion over the winter. 7. Special conditions applying to the land in question are peculiar to this property and immediately surrour�ding property and do not apply generally to other land or structures in the district in which said land is located. 8. The granting of portions of the application is necessary � for the preservation and enjoyment of a substantial property right of the applicant. 9. The granting of permits including a variance to allow � - a certain extent of the work to be completed will not in any way impair the public health, safety, comfort, morals or general welfare, nor the value or security of adjoining , properties. . � 10. The granting of the permits for some of the work will ` not be contrary to the intent of the Comprehensive Land Use ! � Plan or the Zoning Code. 11. The granting of the necessary variance will not merel I Y • serve as a convenience to the applicant, but .is necessary I to alleviate demonstrated hardships or difficulties to allow correction of the existing problems and to secure the i interests of abutting property owners in maintaining the � � value and security of their property. � FURTHERMORE, BE IT RESOLVED, that based upon the foregoing findings the City Council hereby affirms the conceptual approval for such work as granted at the September 25, 1979 Council meeting according to the following conditions: l. Work shall be done essentially as proposed on the drawing ' made by Gordon Coffin Company, dated September 18, 1979, as � clarified by the letter of Robert Mitchell, dated September 25, 1979, except that the top of the buried portion � of the wall across the front of the property shall be at elevation 958 . 33 ft. i 1 2. Final grading shall be reviewed and approved by the � City staff. � i 3. Drainage� patterns shall be essentially as shown, with � • no piped dra�nage to Lake Minnetonka. 4. All exposed earth shall be satisfactorily sodded or seeded to control and prevent erosion, with steeper portions _ of the embankment to receive additional vegetation having � deep root systems. � � . � . . Resolution No. 1079 • Page 3 5. Any work required to correct and restore areas on neighbor' s properties shall be negotiated and/or resolved between the parties as a private matter and is not a part of these conditions. 6 . Work shall be completed this fall, preferrably as soon as possible, but in no case later than December l, 1979 , except that portion of the work requiring planting or vegetation may be deferred and/or completed next spring, the intention being to fully protect from runoff and erosion damage over the winter and during spring runoff. 7 . Failure to satisfactorily complete the work shall be considered a violation of the zoning code punishable as a misdemeanor as provided therein. 8. The applicant shall sign this resolution as an agreement to complete the work according to these conditions. � �.; � �� ` .�, _ ..-� � �� �� ; • Alex�n er Holzer Date ± ,4 �' ! �y`�G.� /`� �/' V/ % .'�. .�; %�' tL 4 / `/ Gie�Za Holzer ; Date , �/ y ��;� � � ��; - �- � � ATTEST: Robert Mit h 1 Date Adopted by the City Council of the City of Or no o the 16 day of October 1979_ / � . / � 4 � Wi liam B. an Nest, Mayor ATTEST: � � Walter R. enson, Cle k/Administrator � '