HomeMy WebLinkAboutResolution 1334 .t
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�;,,. RESOWTION OF THE CITY COUNCIL
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,A1,�-er:�: K�xs,+ N�. 133 �
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.,� ' • • ��� A RESOLUTION APPROVING A HARDCOVER VARIANCE
FOR ALLAN C. LARSON TO PERMIT CONSTRUCTION
OF AN ACCESS STAIRS TO THE LAKESHORE OF A
, PROPERTY LOCATED AT 3852 CHERRY AVENUE AND
LEGALLY DESCRIBED AS LOT 11, BLOCK 3, CRYSTAL
BAY VIEW
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq.
the City Council of the City of Orono has adopted zoning regulations
for the protection of the public health, safety and general welfare; and
WHEREAS, pursuant to Ordinance 34. 202 Allan C. Larson has
�pplied for a 272 sf hardcover variance within the 75 ' lakeshore setback
area to permit construction of an access stairs to the lakeshore for a
property located at 3852 Cherry Avenue which is legally described as
• Lot 11, Block 3, Crystal Bay View, hereinafter referred to• as the property;
and
WHEREAS, on July 13, 1981, Council approved an "after the fact"
conditional use permit to allow construction of a lakeshore retaining
wall to prevent the further erosion of the steep lakeshore banks on the
property; and
WHEREAS, William E. Nelson and Florence S. Nelson also have
an interest in the property legally described above; and
WHEREAS, the City Council has reviewed the application, the
recommendations of staff and the Planning Commission and the comments
of the applicant. .
NOW, THER�FORE BE IT RESOLVED that the City Council of the City
of Orono hereby approves the 272 sf hardcover variance within the 75 '
lakeshore setback area for Allan E. Larson based on one or more of the
following findings of fact:
1) The property is located within the LR-1C zoning
district. The minimum lot area required is
21, 780 sf; the lot is approximately I1, 500 sf
in area: The minimum �.ot width is 1Q0 ° ; the
• property is 50 ' wide.
• 2) A lake cottage/residence has existed on the
property for over 40 years.
3) The existing lakeshore access stairs are in
disrepair and unsafe for use. �
Allan Larson
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� {`� Cit� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
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::; � -� NO.
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4) The existing stairs consist of 30 sf of hardcover.
The proposed access stairs will consist of 32 sf
of hardcover. ,
5) The design of the proposed stairs affords greater
safety_ by breaking the sharp ascent halfway with
a 3� x 3" landing. '
6) The shoreline on the property is covered with old
, wooden planking consisting of approximately 200 sf
of hardcover.
7) The applicant will remoue the wooden planking at
the time of the construction of the stairs and
the disturbed area filled in with crushed rocks
thereby removing an additional 200 sf of hardcover.
8) There is a 12 ': x 20 ' boat house on the shore of the
property consisting of 240 sf of hardcover.
• 9) In 1975 the assessed market value of the boat house
structure was $300. 00.
10) The boat house is a non conforming structure. .
11) The boat house is old and will require structural
repair in a few years.
12) The applicant has stated that he plans to remove
the boat house within a few years thereby removing
an additional 240 sf of hardcover within the 75 '
lakeshore setback area.
13) In recent years the 3,750 sf of lakeshore setback
� area of the property has sustained excessive erosion
of its banks and shoreline.
14) The applican.t will rip rap the entire shoreline
of the property to prevent further erosion.
15) Council finds the proposed lakeshore improvements
to the property to be in complete agreement with
the environmental standards and intent of the Orono
Zoning Code and Community. Management Plan.
16) The special conditions apply to this property are
peculiar to such and do not apply generally to
other land in the district in which this property
is located.
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' • A11an Larson .
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. � C�t� of ORONO
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RESOLUTION OF THE CITY COUNCIL
�'�i� NO.
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17) The granting of the proposed variance will not
in any way impair the public health, safety,
comfort, morals or general welfare.
18) The granting of this variance will not merely
serve -as a convenience to the applicant, but
is necessary to alleviate demonstrated hardship
and difficulties.
FURTHERMORE, BE ST RESOLVED that based on the foregoing
findings the City Council of the City of Orono hereby approves the
hardcover variance of 272 sfr„�ithin 75' of the lakeshore for Allan C.
Larson to permit construction of an access stairs subject to the
following conditions:
1) Revise stairs structure so that final section of
stairs be relocated along side of retaining wall
and decrease size of landing to 3 ' x 3�' .
• 2) Old planking to be removed and disturbed area to
be filled in with clear aggregate crushed rock
CA 2 per MN DOT 3137.
� 3) Rip rap to be placed along shoreline p�r standards
of the Minnesota Department of Natural Resources.
4) The complete removal of the boat house by May 14 ,
198�#, and the entire disturbed area �to be filled
in with clear aggregate crushed rock CA 2 per MN
DOT 3137 .
Adopted by the Cit Council of the City of Orono; Minnesota
at a regular meeting held �, 1981.
William B. Van Nest, Mayor
ATTEST:
• �-�,�� G� • ��.��
A ber a M. Strom, City Clerk .
_ Al1an Larson .
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Clt� o� ORONO � �
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RESOLUTION OF THE CITY COUNCIL !
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We have read and understood the above resolution and agree
on behalf or ourselves, successors and assigns that the use of the
above described property may be so regulated by the City of Orono and
agree to the filing of a copy of this resolution in the chain of title
to the property.
. William E. Nelson
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ,
day of , 1981, by
• Notary Public
Florence S. Nelson
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of , 1.981, by �
, Notary Public
A11an C. Larson
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) '
Th.e foregoing instrument was acknowledged before me this
• day of , 1981, by
Notary Public