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Home My WebLink AboutResolution 1392 � d . Clt� o� 0RON0 � RESOLUTION OF THE CITY COUNCIL . � NO. 1392 • • ' • • A RESOLUTION APPRO.VING AN AFTER-THE-FACT APPLICATION OF CORTLEN CLOUTIER FOR VARIANCES AND A CONDITI�NAL USE PERMIT TO PERMIT ' LAKESHORE IMPROVEMENTS OF A PROPERTY LOCATED AT 2480 CASCO POINT ROAD . WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Pti.nnesota; and WHEREAS, pursuant to State Statute 4l2 et. seq. , the City Council of the City of Orono has adopted zoning regulations for the protection of the public hea'lth, safety and welfare; and WHEREAS, pursuant to Section 31. 700 af the Orono Zoning Code, Cortlen Cloutier, hereinafter referred to as..the appZicant, has been required to file an application for a conditional use permit for constructing � a retaining wall along the lakeshore of his property. legally described � as Lots l, 3 and 4, Block 1 and Outlot l, Tillson' s Vi11a Carman, hereinafter referred to as the property; and � WHEREAS, pursuant to Section 31.831 of the Orono Zoning Code the applicant has been required to file a variance application for excavating, filling, construction of a retaining wa11 and for the proposed construction of an access stairs, all of the aforesaid improvements are I located within 75 feet. of the lakeshore; and I � • WHEREAS, the City Council has reviewed the application, the recommendations of the Planning Commission and the Orono Staff and the comments of the applicant. NOW, THEREFORE BE IT RESOLVED that� the City Council of the City of Orono hereby approves a conditional use permit and variances for the construction of a retaining wall, excavation, filling and for the p•roposed construction of an access stairs for Cortlen Cloutier based on one or more of the following findings of fact: � 1) The applicant erected a retaining wall without the necessary permits along the outer edges of a sand beach to prevent erosion of the steep banks into the defined beach area. 2) The construction of said retaining wall required the excavation or cutting into of the bank and �he placing of excess fill within 0-75 ' of the lakeshore. • 3) The erection of the 30" high retaining wall .will permit permanent plantings and seeding of the steep banks. • _ . 1 of 5 "a . � r_ d C�t� o� ORONO a� RESOLUTION OF THE CITY COUNCIL ., � NO. 1392 � � • • 4) The wall, constructed of timbers and. l.imestone, will serve to support the disturbed bank and. prevent further erosion. � 5) The City Engineer has inspected the site and wa11 construction ' and recommends that the wooden timbers be continued approximately 8 feet at the east edge of the wall affording the neccessary support to the disturbed bank. 6) The applicant will erect a wall of limestone only along the remaining sand beach area and connect to rip rap along the shoreline. . � • • 7) To. require the removal of �he retaining wall in its present � state would cause greater environmental harm. . •' 8) The applicant will rip rap the entire shoreline of the property to prevent further erosion. 9) The property has no defined lakeshore access. 10) The approach to the lakeshore is inhibited by steep, irregular banks requi.ring an access structure for safe access. 11) The construction of the access structure will be supervised by the Orono staff to assur.e the. construction is consistent with the envixonmental standards of the Orono Zoning Code and Comprehensive Land Use Plan. 12) The access .structure will run from the top of the bank and stop at level grade approximately 25 ' from lakeshore. 13) Council finds na. problem with the proposed grassed sitting area along the northeast side � of the boat house as long as the impro,vement will not. involve distur bance of the lakeshore banks or require permanent or temporary hardcover. 14) The special conditions applying to this property are peculiar to . such and do not apply generall y to other land in the district in whi,ch this property is located. 15) The approved lakeshore improvement plan for the property • is found to be consistent with the intent and objectives of the Lakeshore residential zoning district (LR-1C) and � the environmental sections of the Orono Comprehensive Land ' Use Plan. � 2 of 5 4 a . � • � .__ C�t� o� ORONO � Q� � RESOLUTION OF THE CITY COUNCIL . � NO. 1392 • • � • • FURTHERMORE, BE IT RESOLVED that based on the aforesaid findings ' the City Council of the City of Orono hereby approves the variances and conditional use permit of Cortlen Cloutier subject to onl y the lakeshore . improvements described on the site plan dated July 6 , 1982, page 5 of this resolution and as. specified below: 1j Access structure to be constructed from top of lakeshore bank and extend to level grade. Type of construction subject to� staff review. � 2) 30" high limestone wall with timber structure supports may be continued 8 ' alo.ng . eastern edge and limestone rip rap 'connected to ends of retaining wa11 until it connects with lakeshore rip rap. 3) Rip rapping of. the entire shoreline per standards setforth by the DNR. • - 4) Grassed sitting area to east of boat house must not involve - permanent or temporary hardcover nor additional disturbance of the lakeshore bank. 5) Prior to the commencing� of improvement work, hay bales. m1,st be placed along the shoreline. . Any violation of this resolution or failure to comply with all conditions will be considered a violation of the zoning ordinances of the City subject to fu11 prosectuion therefore. Adopted this 12th day of Julv , 1982, by the Orono City Council. f � � �+ � �� . , �_ � . .._ �O'i Y n . `` ' William B. Van Nest, Mayor ATTEST: .,;.s - - ; �� Alberta �M. Strom, City Clerk • 3 of 5 � , w • � � C�t� o� ORONO �� RESOLUTION OF THE CITY COUNCIL . � NO. 1392 • • � • • - � �— I have read and understood` the above resolution and agree on behalf of myself, 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 my property. ortlen outier . STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPZN ) The foregoing instrument was acknowledged befor m this •- �� day of , 1982, bY G� �/�2�,� 0t�� • , . � G�..�� . .�� Notary Public � F�a�, _ . ��8,� o��ezta ;� NOTARV � st�om �'�� ;u -;c-.ti�inN<soTn h`t:'y�r�•"c COUN7Y �Y�ommis;ion ea;,i;ES ;v1ar, 27 , 19II7 . � . � �E - � � � � � � ' 4 of 5 ; �? .�1. . , . ---- _.y__ s /� .-�- ---�.__�_«. ___:�.__.�_ .��.__" 5 n f 5 •_ o '' f I�...,p.,,� 13 9 2 _ . 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