HomeMy WebLinkAboutResolution 5009 0 SCANNED
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL �N
CX-
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A RESOLUTION 1✓
DENYING AN AFTER THE FACT VARIANCE
AND CONDITIONALLY GRAN rIf' A ) uNCE
TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBD. 2;
10.55, SUBD. 8; AND 10.56, SUBD. 16(L)
- FILE NO. 03-2906
WHEREAS,Richard Roberts and Collette Roberts,husband and wife,(hereinafter
"the applicants")are are the owners of property located at 1937 Fagerness Point Road within the City
of Orono (hereinafter"the City") and legally described as follows:
1 Exhibit A, attached (hereinafter the"property"); and
c WHEREAS,the applicants have made application to the City of Orono for a variance
to O.orio Nlunicipal Zoning Code Sections10.22, Subd. 2; 10.55, Subd. 8; and 10.56, Subd. 16(L)
m allow the construction of retaining walls (some of which have already been constructed without
permits) located within 7.5'of the shore of Lake Minnetonka,where no structures or hardcover are
normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Oro.1o,
Pvlinr�esota:
FINDINGS
1. This application was reviewed as Zoning File#03-2906.
The property is located in the LR-1C Single Family Lakeshore Residential Zoning
District, which requires minimum lot area of 0.5 acres and and minimum lot width
of 100'. The lot is 0.39 acres in area and 74'in width.
3. The Planning Commission reviewed this application at a public hearing held on June
16, 2003 and recommended denial of the variance for retaining walls already
constructed within 75'of the shoreline on the lake side of Fagerness Point Road,and
recommended conditional approval for certain retaining walls not yet constructed on
the house side of Fagerness Point Road, based on the following findings:
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CITY of ORONO
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a) The applicants constructed 1'-2' high retaining walls and a stairway on the
street side of the road without obtaining the required building permits. Only
the stairway at a 4' width would likely have been granted a permit had one
been applied for.
b) The creation of a flat area above the walls for potential storage of trailers or
other property within 75' of the lakeshore is not necessary to preserve any
inherent property rights of the owner,and no suitable hardship supporting or
justifying the walls has been presented by the applicants. Furthermore,
Orono's 2000-2020 Community Management Plan (CMP) Part 3A, the
Environmental Protection Plan,in Urban Area Policies for Natural Resource
Management, Policy 2, states that "Retaining walls will be discouraged
except when absolutely necessary to prevent erosion,in which case they will
be screened with natural vegetation."
C) The retaining walls are constructed on a slope of 1:6 or 17%over a distance
of 10-15', and Planning Commission concludes that the walls are not
necessary to preserve the slope.
d) The Planning Commission finds that the slope of applicants'yard on the house
side of the street has a steep bank near the street lot line which does appear
to require stabilization to prevent erosion,and a retaining wall at that location
would be appropriate and would be supported by hardship to the land,subj ect
to adequate screening to minimize the visual impacts of that wall,and subject
to construction of the wall outside the right-of-way of Fagerness Point Road.
e) Applicants should be required to restore the grade on the lake side of the road
and revegetate that area. Applicants should obtain a building permit for the
maximum 4'wide stairway that would be allowed on the lake side of the road.
Applicants must provide adequate plans and obtain the appropriate building
permits for construction of the stairs,as well as for the walls on the house side
of the road.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments by
the applicants and the public, and the effect of the proposed variance on the health,
safety and welfare of the community.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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5. The City Council finds that the conditions existing on this property are peculiar to it
and in some respects do not apply generally to other property in this zoning district;
that granting the variance to allow retaining wall construction on the house side of
the road would not adversely affect traffic conditions,light,air nor pose a fire hazard
or other danger to neighboring property;that the retaining walls on the house side of
the road would not merely serve as a convenience to the applicants but are necessary
to alleviate a demonstrable hardship or difficulty, and are necessary to preserve a
substantial property right of the applicants; and such approval would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council took action on July 14,2003 to deny the after-the-fact variance for
the retaining walls on the lake side of the road and approve a variance for the walls
on the house side of the road, and directed Staff to draft a resolution documenting
such action for adoption on July 28, 2003.
CONCLUSION, ORDER AND CONDITIONS
Based upon one or more of the above findings,the Orono City Council hereby denies
a variance to Orono Municipal Zoning Code Sections10.22, Subd. 2; 10.55, Subd. 8; and 10.56,
Subd. 16(L) to allow the construction of retaining walls on the lake side of Fagerness Point Road,
located within 75'of the shore of Lake Minnetonka,where no structures or hardcover are normally
allowed; and approves a variance to Orono Municipal Zoning Code Sections 10.22, Subd. 2; 10.55,
Subd. 8; and 10.56 Subd. 16(L) to allow the construction of retaining walls on the house side of
Fagerness Point Road, located within 75'of the shore of Lake Minnetonka,where no structures or
hardcover are normally allowed, subject to the following conditions:
1. The retaining walls already constructed on the south side of the road shall be removed and
the yard areas disturbed shall be regraded to a stable, maintainable slope and revegetated.
2. Applicants shall apply for and obtain a building permit if applicants choose to retain or
construct a stairway of maximum 4'width to accommodate pedestrian access to the lakeshore
on the south side of the road, as allowed by City Code. Such permit may include up to 10
cubic yards of topsoil fill for spreading in the disturbed areas to assist in the revegetation
required in condition 1.
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CITY of ORONO
O RESOLUTION OF THE CITY COUNCIL
L,WZS140 NO. 5 61 s, ¢,.,
3. Applicants shall provide suitable construction plans, and apply for and obtain a building
permit prior to construction of the retaining walls on the north side of the road. Such walls
shall not exceed 4 feet in height, shall be located within the property boundaries and not
within the right-of-way of Fagerness Point Road, and shall be provided with a suitable
vegetative screen to soften their visual impact as viewed from the lake.
4. Council approval is based on the site plan with Staff notations attached to this Resolution as
Exhibit B. Any amendments to the site plan which are not in conformity with City codes or
the scope of this approval shall be subject to further review by the City Council and/or
Planning Commission.
5. Authorities granted by this resolution run with the property, not with the applicants but are
permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of council approval, or the variance will expire on
that date (July 28, 2004).
6. Violation 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 punished as a misdemeanor.
7. The undersigned applicants have read, understood and hereby agree to the terms of this
resolution, and on behalf of the applicants and the applicants' heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 28th day of July, 2003.
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Barbara A. Peterson, Mayor
,•rs`i' 2 stir. 5 :e.
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Property Owner(s)
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O O
CITY of ORONO
a
RESOLUTION OF THE CITY COUNCIL
SH04 NO. 5001.-)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this a$ day of W'L;* _,2003
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
KRISTI B.ANDERSON C
T4r7,—),ypuRLr-MINNE r-; Not ryPublic
F sires ., �;
STATE OF MINNESOTA
COUNTY OF HENNEPIN
f-h
The foregoing instrument was acknowledged before me on this=day of 2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
NOTARvPUBLIC-141! i;:"OTA Notary Public
�. M Commission Expires Jan.31,2005 ,
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CITY of ORONO
�~ RESOLUTION OF THE CITY COUNCIL
L�kESYi04� NO. 5009
State of Minnesota )
ss.
County of Hennepin )
This instrument was acknowledged before me this f day of r t ( , 200/
by Richard Roberts, husband of Collette Roberts.
BARBARA G.SILUS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2308
Notary Public
State of Minnesota )
ss.
County of Hennepin )
J h
This instrument was acknowledged before me this /�� day of /L� ,200
by Collette Roberts, wife of Richard Roberts.
} �aaw�.�i? ,: NOTARY PUBLIC-M.. :�' - C,.l�•i-='C���
�, . My comrtwgSippp;r�Ja zoos Notary Public
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EXHIBIT A
RESOLUTION NO. 5 ® n 4
-LEGAL DESCRIPTION OF .-PREMISES SURVEYED :
All of Lot 20 , Fagerness , and the accretions to
said .lot described as -follow : Commencing at'
the intersection of the extension Southeasterly
of the Southwesterly line of Lot 19 , Fagerness
and the Southerly line of Under the Linden Avenue ,
which point is marked by *a judicial landmark ; thence
Southerly 21 degrees 8 minutes East a distance
of 53 .45 feet -to a point marked by a ' judicial
landmark ; thence continuing Southerly 2.1., degrees
8 minutes east a distance of 11 feet , more or less
to the shore 'of Lake Minnetonka ; thence Southwesterly
along the shore of Lake Minnetonka to its intersection
with the Southwesterly line' of said Lot 20 , -extended
to - the Shore of Lake Minnetonka ; thence Northwesterly,
along the Southwesterly line of said Lot 20 ,- extended
to the Southerly line of Under the Linden Avenue ;
thence Northeasterly along the Southerly line of said
Avenue to the point of beginning , according to the .plat
thereof on file or .of record in the office of the
COUn t-y P.ecordler in and for said County .
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